TERMS OF USE


Zivix, LLC (“Zivix” or “us” or “we” or “Company”) maintain this website, mobile and desktop application, or other properties and/or our related services (collectively known as the “Zivix Properties”, or, each individually, a “Zivix Property”) for your personal information, education and communication. Your access to and use of this Zivix Property is subject to the following Terms of Use. Please read these Terms of Use carefully before accessing or using this Zivix Property, so that you fully understand your rights and responsibilities. By accessing or using this Zivix Property, you agree to these Terms of Use. Please print a copy of these Terms of Use for your reference.

If you do not agree to the following Terms of Use, do not access or use this Zivix Property, and instead contact Company in writing for further information.

Privacy Policy

By accessing and using this Zivix Property, you agree to the terms of our Privacy Policy, which are incorporated into these Terms of Use by this reference.

Intellectual Property Rights

All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on this Zivix Property are copyrighted by Company, unless otherwise noted. The distinctive and original layout and presentation of this Zivix Property also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to Company appear throughout this Zivix Property. This Zivix Property may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to Company or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law. Should any user of this Zivix Property send any feedback or data, such as ideas, comments, suggestions or questions regarding any Company product or service or the content of this Zivix Property, such information shall be deemed to be non-confidential and Company shall have no obligation of any kind with respect to such information and shall be free to reproduce, use disclose and distribute the information to others without limitation. Further, Company shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such ideas, concepts, know-how or techniques. If you desire confidential treatment of any ideas, concepts, know-how or techniques please write:

Zivix LLC Attn: Legal 4150 Olson Memorial Highway, Suite 400 Golden Valley, MN 55422

Use of this Zivix Property

You may view, copy, print and use content contained on this Zivix Property (including recorded material) solely for your own personal use and provided that: (1) the content available from this Zivix Property is used for informational and non-commercial purposes only; (2) no text, graphics or other content available from this Zivix Property is modified or framed in any way; (3) no graphics available from this Zivix Property are used, copied or distributed separate from accompanying text; and (4) you do not delete or modify any copyright, trademark, or other proprietary notices. The use of any such content for commercial purposes is expressly prohibited. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of Zivix or any third party, except as expressly provided herein. This Zivix Property may be accessed by users internationally and may contain references or cross references to Zivix products, programs and services that are not available in your country. Such references do not imply that Zivix intends to make available in your country such products, programs or services or that such products may lawfully be used in or imported into your country. Zivix reserve the right without prior notice to discontinue models, parts and accessories, and other items or change specifications at any time without incurring any obligations to any party. Access to this Zivix Property may be monitored from time to time. The requesting URLs, the machine originating the request, and the time of the request may be logged for access statistics and security purposes. Use of this Zivix Property constitutes consent to such monitoring. This Zivix Property may be unavailable from time to time due to mechanical, telecommunication, software, and third-party vendor failures. Zivix cannot predict or control when such downtime may occur and cannot control the duration of such downtime.

Third-Party Websites

This Zivix Property may link to, or be linked to, other websites not maintained by or related to Zivix. All links are provided only as a service to our visitors. Zivix is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website, unless specifically stated on this Zivix Property. Zivix has not reviewed all websites to which it links and is not responsible for the content, accuracy, or policies of any such websites. You link to other pages or websites at your own risk, and your use of other websites will be controlled by the terms of use posted on that website. You should review the terms of use of any website to which you navigate.

THIS ZIVIX PROPERTY MAY CONTAIN LINKS TO OR BE ACCESSED THROUGH LINKS ON WORLD WIDE WEBSITES OF ZIVIX DEALERS OR DISTRIBUTORS WHO ARE INDEPENDENT CONTRACTORS AND ARE NOT AGENTS OF ZIVIX. ZIVIX DOES NOT HAVE RESPONSIBILITY FOR THE CONTENTS, AVAILABLITY, OPERATION OR PERFORMANCE OF WEBSITES OF ZIVIX DEALERS OR DISTRIBUTORS, OR ANY OTHER SITES, TO WHICH THIS ZIVIX PROPERTY MAY BE LINKED OR FROM WHICH THIS ZIVIX PROPERTY MAY BE ACCESSED.

Reference to any product, recording, event, process, publication, service, or offering of any third party by artist name, trade name, trademark, company name or otherwise does not necessarily constitute or imply the endorsement or recommendation of such by company. Any views expressed by third parties on this Zivix Property (including recorded interviews) are solely the views of such third party and Zivix assumes no responsibility for the accuracy or veracity of any statement made by such third party.

Your Account

If you choose to register with this Zivix Property, your account is personal to you, and you may not share your account information with, or allow access to your account by any third party. Because you will be responsible for all activity that occurs under your access credentials, you should keep your username and password secret. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Zivix by e-mail to support@Zivix.net. You are solely responsible for your own losses and losses incurred by Zivix and others (including other users) due to any unauthorized use of your account.

No Warranty

Reasonable efforts are taken to ensure the accuracy and integrity of information and related materials provided by Zivix on this Zivix Property, but Zivix is not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors appearing on this Zivix Property, the websites of any Zivix dealer or distributor or any other website. Information and related materials are subject to change without notice. This Zivix Property and all information and related materials it contains are provided "AS IS." Zivix does not warrant or guarantee 1) the accuracy, completeness, correctness, reliability, timeliness, or usefulness of this Zivix Property or any material, information or data downloaded or otherwise obtained through use of this Zivix Property; (2) the results that may be obtained from the use of this Zivix Property or the use of material, information or data obtained from this Zivix Property; (3) that use of this Zivix Property or any materials on this Zivix Property will meet any users requirements; (4) that access to the Zivix Property will be uninterrupted, timely, secure or error-free; or (5) that files or other materials and information available through this Zivix Property will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system. Zivix has no responsibility for the timeliness, deletion, misdelivery or failure to store any user communication. By using this Zivix Property, you assume the risk that the information and materials on this Zivix Property may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. ZIVIX SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THIS ZIVIX PROPERTY AND THE INFORMATION GRAPHICS AND MATERIALS CONTAINED HEREIN.

You acknowledge and agree (1) that your use of this Zivix Property and any material, information or data downloaded or otherwise obtained through the use of this Zivix Property is at your discretion and risk, and (2) that you are solely responsible for any damage to your computer system or for loss of data that results from the download of any material, information or data, and for any other form of damage that may be incurred.None of the parties involved in creating, producing, or delivering this Zivix Property or its content will be liable to users of this Zivix Property for any damage resulting from use of this Zivix Property or use of material, information or data downloaded or otherwise obtained from this Zivix Property, nor are such parties in any way responsible for the conduct of users of this Zivix Property or for information posted or exchanged on this Zivix Property.

No advice or information, whether oral or written, obtained by you from Zivix or in any manner from this Zivix Property creates any warranty.

No Liability

In no event will Zivix or any of its officers, representatives, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits or business interruption) arising out of or in any way related to the use or performance of this Zivix Property or any linked website or to any material, information, data, products, or services obtained through this Zivix Property, or otherwise arising out of your use of this Zivix Property, your inability to use this Zivix Property or any decision made or action taken by you in reliance of any information, advice or materials provided on this Zivix Property, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if Zivix has been advised of the possibility of such damages. Your sole and exclusive remedy is to stop accessing and using this Zivix.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitations may not apply to you.

Miscellaneous

You agree to indemnify, defend and hold harmless Zivix, its officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, attorneys’ fees, damages and costs for claims arising from or related to your use of this Zivix Property, your use of any material, information or data downloaded or otherwise obtained from this Zivix Property, or your violation of these Terms of Use, including your infringement of any intellectual property or other right of Zivix or any other person or entity. The laws of California and the United States shall govern use of this Zivix Property. Users agree that any action, suit, or proceedings arising from or related to use of this Zivix Property shall be brought exclusively in the federal or state courts of the State of California without regard to choice of law or conflicts of law provisions. Entire Agreement By your access or use of this Zivix Property, you agree to these Terms of Use. These Terms of Use, together with the Zivix Privacy Policy, constitute the entire agreement between you and Zivix with respect to your access and use of this Zivix Property. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Zivix. These Terms of Use will inure to the benefit of Zivix’s successors and assigns.