Jenzabar, Inc. ("Jenzabar") Company Web Site Terms of Use and Legal Restrictions

  1. Acceptance. Please read these terms of use and legal restrictions (the “Terms”) carefully before using this Web site. By accessing, browsing, and using Jenzabar's Web site (the "Web site"), you accept, without limitation, these Terms. If you do not accept these Terms, please do not use this Web site.
  2. Web site Ownership. You acknowledge that this Web site, any underlying technology used in connection with this Web site, and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data available within the Web site (collectively, the "Content"), are owned and provided by Jenzabar or third-party providers and are the copyrighted works of Jenzabar and/or such third-parties. Unless otherwise stated, the Content is the property of Jenzabar and is protected by U.S. copyright laws and you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content, in whole or in part. You may not store any significant portion of any Content owned by, or licensed to, Jenzabar in any form, whether archival files, computer-readable files, or any other medium. You also may not "mirror" any Content on any other server. Jenzabar assumes no legal responsibility for accuracy, correctness, or content of the Content. Each individual document published by Jenzabar on this Web site may contain other proprietary notices and copyright information relating to that individual document.
  3. Web site Usage. Jenzabar authorizes you to view and download the Content only for your personal, non-commercial use, provided, however, that you retain all copyright and other proprietary notices contained in the original Content and an original source attribution to Jenzabar and the applicable URL on any copies of the Content. You may not modify the Content in any way or reproduce, publicly display, perform, distribute or otherwise use it for any public or commercial purpose. Any use of the Content on any other Web site or networked computer environment for any purpose is prohibited. You acknowledge that Jenzabar and/or third-party providers remain the owners of the Content and that you do not acquire any intellectual property rights in such Content by downloading or printing the Content. Any unauthorized use of the Content may violate copyright, trademark and other laws. If you breach any of these Terms, your authorization to use this Web site automatically terminates, and you must immediately destroy any downloaded or printed materials.
  4. Unlawful Use. You are prohibited from transmitting to or from this Web site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. You may not use this Web site in any manner that could damage, disable, overburden, or impair Jenzabar’s infrastructure or any Jenzabar server, or the network(s) connected to any Jenzabar server, or interfere with any other party's use and enjoyment of this Web site. You may not attempt to gain unauthorized access to any accounts, computer systems or networks connected to any Jenzabar server or to this Web site through hacking, password mining or any other means. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Web site.
  5. Trademarks, Service Marks, Logos, Etc. The trademarks, service marks, registered marks, logos, photography, and images of Jenzabar and others used in this Web site are the property of Jenzabar and their respective owners. To use any such marks, logos, photography or images, you must obtain prior written permission of Jenzabar or the respective owner. All other product and company names referenced in this Web site that are not owned by Jenzabar are used for identification purposes only and may be the trademarks of their owners.
  6. Links. This Web site may contain links to other Web sites posted by independent site owners ("Linked Web sites"). By clicking on Linked Web sites you will leave this Web site. Because Linked Web sites are not under Jenzabar's control and are not reviewed by Jenzabar, Jenzabar hereby disclaims any and all responsibility for the content of all Linked Web sites, their corresponding privacy policies, any content thereto and any products or services provided by any Linked Web site. In addition, Jenzabar does not endorse the products, services, or information provided by any Linked Web site. As such, Jenzabar will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use or reliance on any content, goods or services available on or through any Linked Web site. Further, the inclusion of Linked Web sites does not imply that the Linked Web sites have given permission for inclusion of these links, or that there is any relationship between Jenzabar and the Linked Web sites. You must obtain written approval from Jenzabar before publishing a link to this Web site.
  7. References to Other Companies. Jenzabar is an independent operating company and reference to any other company on this Web site is solely for marketing purposes and does not imply any partnership, joint venture or other legal connection whereby Jenzabar would be deemed responsible for the actions of any other company or its respective owners.
  8. Termination of Use. Jenzabar may, in its sole discretion and at any time, discontinue providing or limit access to this Web site, any areas of this Web site or the Content provided on or through this Web site. You agree that Jenzabar may, in its sole discretion and at any time, terminate or limit your access to or use of this Web site or any Content. Jenzabar will terminate or limit your access to or use of this Web site, without prior notice for any reason, including, without limitation, if Jenzabar believes you have engaged in conduct prohibited by these Terms. You agree that Jenzabar shall not be liable to you or any third-party for any termination or limitation of your access to or use of this Web site or any Content.
  9. Disclaimer. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, JENZABAR DOES NOT PROMISE THAT THIS WEB SITE OR ANY CONTENT, SERVICE OR FEATURE OF THIS WEB SITE WILL BE ERROR-FREE, SECURE, TIMELY OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THIS WEB SITE WILL PROVIDE SPECIFIC RESULTS. THIS WEB SITE AND THE INFORMATION PROVIDED WITHIN ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. JENZABAR CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THIS WEB SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. JENZABAR ASSUMES NO LEGAL RESPONSIBILITY FOR ACCURACY, CORRECTNESS, LEGITIMACY, LEGALITY, VALIDITY, RELIABILITY, QUALITY, STABILITY, COMPLETENESS, CURRENTNESS, OR CONTENT OF THIS WEB SITE AND THE MATERIALS PROVIDED ON THIS WEB SITE. THIS WEB SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. JENZABAR RESERVES THE RIGHT TO DO ANY OF THE FOLLOWING, AT ANY TIME, WITHOUT NOTICE: (1) TO MODIFY, SUSPEND OR TERMINATE OPERATION OF OR ACCESS TO THIS WEB SITE, OR ANY PORTION OF THIS WEB SITE, FOR ANY REASON; (2) TO MODIFY OR CHANGE THIS WEB SITE, OR ANY PORTION OF THIS WEB SITE, AND ANY APPLICABLE POLICIES OR TERMS; AND (3) TO INTERRUPT THE OPERATION OF THIS WEB SITE, OR ANY PORTION OF THIS WEB SITE, AS NECESSARY TO PERFORM ROUTINE OR NON-ROUTINE MAINTENANCE, ERROR CORRECTION, OR OTHER CHANGES. JENZABAR MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) DESCRIBED IN THIS WEB SITE AT ANY TIME. JENZABAR RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND CONTENT PROVIDED ON OR THROUGH THIS WEB SITE AT ANY TIME WITHOUT NOTICE.
    ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THIS WEB SITE IS USED AT YOUR OWN DISCRETION AND RISK. JENZABAR SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.
  10. Exclusions and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS, INCLUDING THOSE SET FORTH IN SECTIONS 9 AND 10 DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT. SPECIFICALLY, APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND IN SUCH CASE JENZABAR’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
  11. Limitation of Liability. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL JENZABAR OR ANY THIRD-PARTIES MENTIONED AT THIS WEB SITE BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY LINKED WEB SITES, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL LINKED WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS WEB SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. JENZABAR DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD-PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THIS WEB SITE. YOUR SOLE REMEDY AGAINST JENZABAR FOR DISSATISFACTION WITH THIS WEB SITE OR ANY CONTENT IS TO STOP USING THE WEB SITE OR ANY SUCH CONTENT. THIS LIMITATION IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
  12. Indemnity. You agree to indemnify and hold harmless Jenzabar, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, made against Jenzabar by any third-party due to or arising out of or in connection with your use of this Web site or Content, your violation of these Terms or any additional rules, guidelines or terms of use applicable to a specific area of the Web site or Content provided on or through this Web site, or your violation or infringement of any third-party rights.
  13. Privacy Policy. Jenzabar is concerned about your privacy and has developed a policy to address privacy concerns. For more information, please see Jenzabar's Privacy Policy. Jenzabar’s Privacy Policy applies to the use of this Web site and its terms are made a part of these Terms by this reference. Any personal information collected on this Web site may be accessed and stored globally and will be treated in accordance with Jenzabar's Privacy Policy. Additionally, by using this Web site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to this Web site may be read or intercepted by others.
  14. Applicable Laws. Jenzabar administers this Web site from its Boston, Massachusetts office. Jenzabar makes no representation that materials or services at this Web site are appropriate or available for use outside of the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the Content at this Web site or any copy or adaptation in violation of any applicable laws or regulations, including, without limitation, U.S. export laws and regulations. If you choose to access this Web site from outside of the United States, you do so on your own initiative and are responsible for compliance with all applicable local laws, including, but not limited to, export and import regulations of other countries.Unless otherwise explicitly stated, all marketing or promotional materials found on this Web site are solely directed to individuals, companies, or other entities located in the United States. By accessing this Web site, you agree to the above stated Terms. These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of laws. You submit to the exclusive jurisdiction of the state and federal courts having jurisdiction in the Commonwealth of Massachusetts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any provision of these Terms is held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect. These Terms and any posted guidelines or rules applicable to this Web site constitute the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly canceled.
  15. General. Jenzabar may revise these Terms at any time by updating these Terms. Please visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or other terms located on other pages throughout this Web site.