Use of the Site
Any use of the Site, including any information
and content provided by it or accessed through
it, is at your own risk. Your use of the Site
is not intended to and does not create a business,
professional service, or other relationship between
you and Zyom.
The information and content on the Site is for your personal, non-commercial use only. You may not modify the information or content in any way and you may not remove or alter any copyright, trademark, or other proprietary notice. Except where your use constitutes "fair use" under applicable copyright law, you may not use, download, upload, copy, reproduce, print, display, publish, license, transmit or otherwise distribute any information or content from the Site without the prior express written consent of Zyom.
The Site may contain links that provide access to other websites and services. These links are provided for your convenience and information. Use of any website or service accessed through the Site is at your own risk. The placement of these links on the Site does not mean that Zyom endorses or sponsors such websites or services, or that Zyom is affiliated with any third party operating or sponsoring such websites or services. Zyom is not responsible for and makes no warranties with respect to the websites or services accessed through this Site, nor any products or services purchased or obtained through such websites or services.
Submissions
Except for any personal information you submit
to us which is governed by our privacy policy
stated below, any information or material you
transmit to Zyom over the Internet is, and will
be treated as, non-confidential and non-proprietary.
By transmitting any information or material to
the Site, you agree that Zyom or any of its affiliates
may use your information as material for any
purpose, including reproduction, transmission,
publication, broadcast, and posting. Furthermore,
do not transmit any unlawfol, threatening, libelous,
defamatory, obscene, pornographic, or profane
material or any material that coold constitute
or encourage conduct that woold be considered
a criminal offense, give rise to civil liability,
or violate any law.
Trademarks
The trademarks, logos,
and service marks (collectively "Trademarks")
appearing on the Site are the property of Zyom
and other parties. Nothing contained on the Site
shoold be construed as granting, by implication,
estoppel or otherwise, any license or right to
use any Trademark without the prior written permission
of the party that owns the Trademark. The use
or misuse of these Trademarks or any other content
on this site, except as provided in these Terms
of Use or in the site content, is strictly prohibited.
Zyom and the Zyom logo are trademarks or registered
trademarks of Zyom Inc.
Notification of Claimed Infringement
Zyom respects the intellectual property of others.
If you believe that your work has been copied
in a way that constitutes copyright infringement,
or your intellectual property rights have been
otherwise violated, please provide the following
information to Zyom:
Zyom's agent for notice of claims of copyright
or other intellectual property infringement can
be reached as follows:
Mail: Rakesh Sharma
Zyom, Inc.
111 Deerwood Road, Suite 200
San Ramon, CA 94583
Fax: (813) 618-7735
Email: info@zyom.com
Disclaimer
All information,
material and content appearing on the Site or
accessed through it is provided "AS
IS". ZYOM HEREBY DISCLAIMS ALL WARRANTIES,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF NON-INFRINGEMENT, TITLE,
MERCHANTABILITY AND FITNESS FOR A PARTIColAR
PURPOSE, WITH RESPECT TO THE INFORMATION OR CONTENT
ON THE SITE OR ANY WEBSITE OR SERVICE ACCESSED
THROUGH THE SITE.
Limitation of Liability
IN NO EVENT WILL ZYOM BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES WHATSOEVER
(INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS
OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS
OF BUSINESS INFORMATION, LOSS OF DATA, LOSS OF
OR DAMAGE TO REPUTATION OR OTHER PECUNIARY LOSS)
ARISING OUT OF OR IN CONNECTION (DIRECTLY OR
INDIRECTLY) WITH (i) THE SITE OR ANY WEBSITE
OR SERVICE ACCESSED THROUGH THE SITE, (ii) ANY
INFORMATION OR CONTENT ON THE SITE OR ACCESSED
THROUGH THE SITE, OR (iii) THE DISPLAY, COPYING
OR USE THEREOF, WHETHER OR NOT ZYOM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE
LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS
OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY,
STRICT LIABILITY OR TORT.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS
IN THE TWO FOREGOING PARAGRAPHS MAY NOT APPLY
TO YOU.
Indemnification
You agree to defend, indemnify and hold harmless
Zyom and its officers, directors, employees,
agents and representatives from any and all losses,
liabilities, damages, costs or expenses, whatsoever
as incurred including without limitation, attorney's
fees, arising out of or in any way relating to
your access to or use of the Site.
Applicable Law
The Site is maintained in the State of California,
U.S.A. and you acknowledge and agree that these
terms of use and any legal action or proceeding
in connection with, arising out of or relating
to this Site shall be governed by the laws of
the State of California, without giving effect
to its conflicts of laws provisions, and the
United States of America. By using the Site you
agree to and irrevocably consent to submit, without
regard to where in the world you are located
or from where you accessed the Site, to the jurisdiction
of the court of Santa Clara County, California
and the United States District Court for California
, and all courts to which appeals
may be made there from. You acknowledge and agree
that such courts shall be the exclusive venue,
for any lawsuits, actions or other proceedings
in connection with, arising out of or relating
to your use the Site and agree not to commence
any such lawsuit, action or other proceeding
except in such courts.
Miscellaneous
You may not access, download, use or export
information (including any software, products
or services) contained on Site in violation of
U.S. export laws or regolations, or in violation
of any applicable laws or regolations.
If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you and Zyom nevertheless agree that the court shoold endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in foll force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.