Terms of Use
Updated Oct, 2018
Compliance
Your use of the Zephyr website, www.askzephyr.com, is subject to these terms of use (the “Terms”), applicable laws and regulations of the United States. The Terms apply to the Zephyr Solutions website, any and all affiliate sites operated by Zephyr Solutions, LLC (“Zephyr”), and any materials, data and information that you access through the websites (collectively the “Site”). Residents from outside of the United States that decide to access and use the Zephyr Solutions Site will be subject to the use and disclosure laws of the United States, which may differ from those of other countries.
If you are residing in a jurisdiction that restricts the ability to enter into agreements such as set out in these Terms, you may not enter into this agreement or use this Site. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities or services offered by this Site, you may not enter into this agreement or use this Site. By using this Site you are explicitly stating that you have verified in your own jurisdiction if your use of this Site is allowed.
Zephyr makes no representation that materials in this Site are appropriate or available for use in all locations. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Zephyr reserves the right to limit the availability of the Site, materials, or other products described or offered thereon to any person, geographic area, or jurisdiction Zephyr so desires, at any time and in Zephyr’s sole discretion. By using our Site, are entering a legally binding agreement and you hereby accept and agree to, without exception or limitation, these Terms. If you do not agree with these Terms, then please leave the Zephyr Site.
We reserve the right at any time to change: (i) these Terms; (ii) this Site, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through this Site or the hours that they are available; (iii) any fees or charges, if any, related to the use of this Site or the goods and services represented on the Site; and (iv) the equipment, hardware or software required to use and access this Site.
Any changes we make to these Terms will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on this Site. Your continued use of this Site after such notice will be deemed acceptance of such changes. Be sure to return to this Site periodically to ensure you are familiar with the most current version of these Terms.
Zephyr does not knowingly or intentionally collect personal information from children under the age of 13. This Site is directed at adults and is intended for use only by those over the age of 13. If you are under the age of 13, you may not submit any personal information to Zephyr at or through this Site, and you should consult with an adult for assistance in using this Site.
Use
You are free and welcome to use our Site and any of the information contained on the Site for your legitimate business purposes. Any attempt to access other areas of Zephyr’s computer systems, host servers, or other non-public information contained within its systems and servers is strictly prohibited. You may not interfere with the security of, or otherwise abuse this Site or any system resources, services or networks connected to or accessible through this Site.
You warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not (and may not authorize any party to) (i) co-brand, frame or redistribute the Site or related content; (ii) translate, adapt, reverse engineer, decompile, disassemble, or otherwise modify the Site other than as expressly permitted by law; (iii) incorporate the Site or related materials in any other product, or create derivative works based thereon; or (iv) duplicate the Site or related material without the express prior written permission of an authorized representative of Zephyr. As used herein, “co-brand” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site or related material.
Privacy
Zephyr takes your personal privacy very seriously. Please refer to our privacy policy, which is incorporated by reference herein, before continuing to use our Site. You represent that you have read and understood our privacy policy.
Submissions
The Zephyr Site includes forms and may include, at times, interactive features that prompt or allow visitors to the Site to submit user-generated content, comments, or information to the company and/or Site. Zephyr does not review this content and is in no way responsible for this content. However, users are prohibited from uploading, posting, or otherwise distributing to the company Site any content that is harmful, accusatory, threatening, abusive, illegal, fraudulent, invasive to private or public rights, obscene, slanderous, defamatory, or otherwise inappropriate. Any form of harassment or impersonation that occurs on the Site or blog, through email, chat, or other company forums, is strictly prohibited.
Zephyr maintains the right to block, delete, omit, edit, or otherwise remove content, material, images, or comments that are determined to be inappropriate, at the sole discretion of Zephyr.
In using our Site, you acknowledge that in offering you the ability to comment and post user-generated content on the Zephyr Site, particularly the Zephyr blog, that Zephyr is simply providing an open forum for you to have the ability to share your content, and is in no way undertaking liability or responsibility for such content.
Any content, comment, image, upload, remark, suggestion, or communication that is submitted to the company or its Site shall forever be the property of Zephyr. Zephyr will maintain exclusive ownership of such user-generated communications and materials without compensation to the deliverer of the materials and/or information.
Communications
By visiting the Zephyr Site and/or its associated pages, you are communicating with us electronically and thereby consent to receiving communications from us electronically. We may communicate with you through chat, through the Site or blog, or by email. You agree that all communications, disclosures, comments, notices, updates, and agreements that we communicate to you electronically satisfy any legal requirements that these communications be in writing.
Links
The Zephyr Site includes links to external sites that are operated by third parties. Zephyr claims and maintains no control over, or responsibility of, any third-party sites, even if the third party is affiliated with Zephyr Solutions, LLC. These third-party sites maintain and are responsible for their own privacy policies, terms and conditions, security, and use of information practices. Zephyr encourages you to access these third-party links at your own risk, and to read and agree to the terms and conditions of use and privacy policies on external sites before using them. Zephyr does not endorse any content, media, claims, products, or services on external and/or third-party sites.
Trademarks
The Zephyr Site may contain third-party logos, trademarks, and/or service marks, in addition to its own. Each is the property of its owner and may not be used without consent from the owner of the property.
As between you and Zephyr, the intellectual property contained in the Site, including the Zephyr logo, copyright, trademarks, patent, and other rights are reserved by Zephyr Solutions, LLC. Access to the Zephyr Site or affiliated pages does not constitute any right to use, copy, or otherwise claim any intellectual property belonging to Zephyr, its partners, distributors, or suppliers.
Copyright
Copyright © 2018, Zephyr Solutions, LLC. ALL RIGHTS RESERVED.
All graphics, logos, images, graphics, media, including video and audio, data, software, text, and other content is the property of Zephyr Solutions, LLC. and are protected under U.S. and international law. Zephyr permits you to make a copy of the content for the purpose of learning about the company or acquiring products or services from Zephyr. The copy made must include the Zephyr copyright notice, and any proprietary notices found on or within the materials copied, printed, or downloaded from the Site may not be changed, altered, or deleted. Zephyr grants no other permission to reproduce, distribute, display, print, copy, alter, edit, rewrite, or change any of the content contained in the Site.
Disputes
Zephyr respects intellectual property. If you believe that your content has been used in a way that constitutes an infringement of your copyright, please call 1.877.ASKZEPHYR.
Disclaimer
The Site, its content and materials, are provided “as-is,” without warranties of any kind with respect to accuracy, reliability, or otherwise. To the fullest extent permissible pursuant to applicable law, Zephyr Solutions, LLC disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, non-infringement, and fitness for a particular purpose. Zephyr Solutions LLC does not warrant that operation of the Site will be uninterrupted or free from errors. Zephyr Solutions LLC does not warrant that defects will be corrected, or that the Site or its server(s) are free from hacks, viruses, or other harmful elements. Zephyr shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Site or your downloading of any content from this Site. Zephyr recommends that you install appropriate anti-virus or other protective software.
Errors
Zephyr makes every effort to maintain that the information, statistics, prices, claims, and remaining content on the Site is factual and accurate. In the event that an occasion arises in which a product, service, or item is mistakenly listed, priced, or described, Zephyr reserves the right to refuse or cancel any order, product, or service for the item that was incorrectly marked or listed, regardless of if the order has been confirmed or you have been charged. In the event that you have already been charged for an erroneous listing that has been cancelled, Zephyr will issue you a credit in the amount of the incorrect price.
Zephyr updates the information on this Site periodically. However, Zephyr cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Site. Zephyr may revise, supplement or delete information, services and/or the resources contained in this Site and reserves the right to make such changes without prior notification to past, current or prospective visitors.
Limitations of liability
You agree that you use this Site at your own risk and that neither Zephyr Solutions, LLC, its affiliates, subsidiaries, partners, officers, directors, agents, or other party involved in the production, creation, or delivery of the Site, its content, or media, are liable for any damages, whether punitive, direct, indirect, incidental, consequential, special, or otherwise, arising as a result of the use of the Site, even if advised that use of the Site may result in such damages.
Indemnification
You agree to indemnify, defend, and hold harmless Zephyr Solutions, LLC, including its management, directors, employees, investors, partners, distributors, agents, and suppliers, from and against any and all damages, losses, and expenses, including legal fees, resulting from (1) the violation of these Terms; (2) your use of the Site; or (3) your violation of any law or right of any third party. This obligation includes any activity or conduct of any other person accessing the Site using your account(s).
Jurisdiction
This terms of use agreement is governed by the laws of the state of Ohio. You and Zephyr Solutions, LLC agree to exclusive jurisdiction and venue in the state and/or federal courts of the state of Ohio in relation to any disputes relating to these terms of use and/or the Site.
Assignment
Zephyr Solutions, LLC may assign its rights under these terms of use to any party, at any time, without notice.
Severability
If any provision within these terms of use is at any time judged illegal and/or unenforceable, the judgement shall not affect the enforceability, legality, or validity of the remaining provisions contained within the Terms, which will be maintained as if the illegal/unenforceable provision(s) had not been originally contained herein unless the illegality destroys the underlying business purpose of the Terms.
Questions
If you have any questions regarding our Terms, please contact us here.
Updating of the terms of use
Zephyr reserves the right to update its Terms frequently and without notice. At the top of this page, we provide the date at which the Terms were last updated.