terms Zoe(R) TERMS AND CONDITIONS OF USE
All materials within these Web pages are copyrighted.
About ZoeZoe, the Internet's premier marriage research and analysis resource, provides couples with information about what makes a successful marriage and about their specific relationship. The Zoe Web Site is here to help You with this important aspect of Your life. Guard Your PasswordYou must safeguard the user name and password You use to access this site. You agree not to disclose or share Your password with any third party. You authorize us to assume that any person using the Site with Your user name and password is You. Zoe Return PolicyA customer's fees will not be returned if the purchased Zoe product has been used. Zoe, Inc. will return a customer's fees if and only if the purchased Zoe product has not been used and the customer requests a refund by email or written letter. Used Product - A purchased Zoe product is used once any of the instrument questions have been answered and any of the input has been stored on a Zoe server. The Zoe purchased product will be considered used even if only some of the instrument questions have been stored on a Zoe server but not all the requested information has been stored on a Zoe server. The Zoe purchased product will be considered used even if only some of the instrument questions have been stored on a Zoe server and the Zoe feedback report is not available. Any refund to a customer will be issued by check from Zoe, Inc., regardless of the original form of payment (credit card, check, etc.) by the customer. Zoe will not issue a refund by transmitting a credit to a user's credit card account. Restrictions on Use of MaterialsThis Site contains material that is protected by international copyright and trademark laws. No material (including, but not limited to, the text, images, audio and/or video) and no software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the "Materials") may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or de-compiled, reverse engineered or disassembled, except that unless otherwise specified on the Site with respect to particular materials, You may download one copy of the Materials on any single computer for Your personal, non-commercial use only, provided You keep completely intact and unmodified all copyright and other proprietary notices. Modification or use of the Materials for any other purpose is a violation of ZOE's or such other sources' copyright, trademark and other proprietary rights. The use of any such Materials on any other Web site or networked computer environment is prohibited without ZOE's express written consent. ZOE's name and logos and related product and service names, design marks and slogans are the trademarks or service marks of ZOE and its subsidiaries. You are not authorized to use any ZOE name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of ZOE. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. ZOE reserves all legal rights and remedies available to it. Additionally, You agree not to do any of the following while using the Site: - intentionally or unintentionally violate any applicable law or regulation; - post or transmit any Content that You do not have the right to post or transmit under any law, contractual duty or fiduciary relationship; - post or transmit any Content that infringes a third party's trademark, patent, trade secret, copyright, publicity, or privacy right; - post or transmit any Content that is unlawful, untrue (including incomplete, false or inaccurate biographical information), harassing, libelous, defamatory, abusive, tortuous, threatening, obscene, hateful, abusive, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs) or otherwise objectionable; - delete, tamper or revise any material posted by any other person or entity; - access, tamper with or use non-public areas of the Site, ZOE's computer systems, or the technical delivery systems of our providers. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution; - attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization from ZOE; - attempt to access or search the Site with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by ZOE or other generally available third party Web browser (such as Microsoft Internet Explorer or Netscape Navigator); - send unsolicited email to ZOE, including without limitation, promotions or advertisements for products or services; - forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site to send altered, deceptive or false source-identifying information in violation of state, national and foreign law; - attempt to decipher, de-compile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site; - interfering or attempting to interfere with the access of any user, host or network, including without limitation, sending a "virus" to the Site, overloading, "flooding," "spamming," "crashing," or "mail-bombing" the Site; or - impersonate or misrepresent Your affiliation with any person or entity. For example, You agree not to falsely represent that You are a copyright holder of a work or the agent of a copyright holder. Violations of any of the above, including intellectual property infringement and Site security issues, will be investigated by ZOE and prosecuted to the fullest extent of the law, whether civil or criminal. ZOE may involve, and cooperate with, law enforcement authorities in prosecuting users who violate these Terms of Use. Limitation of Liability and Disclaimer of WarrantyYour use and browsing of this Site are at Your risk. If You are dissatisfied with any of the materials contained in this Site, or with any of these terms and conditions, Your sole and exclusive remedy is to discontinue accessing and using this Site. ZOE assumes no responsibility and shall not be liable for the accuracy, completeness, timeliness, reliability, relevance or usefulness of any of the materials contained on this Site. ZOE also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, Your computer equipment or other property on account of Your access to, use of, or browsing this Site or Your downloading of any materials from this Site. When You post information, comments, text, links, or other materials to the Site, You are granting, or warranting that the owner of such Content has expressly granted, the royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive rights to ZOE reasonably necessary for ZOE's legitimate business purposes related to (i) transmission, routing, or transient storage of communications, or (ii) management or operation of the Site and/or related sites and services. Neither ZOE nor any other party involved in creating, producing or delivering this Site is liable for any direct, incidental, consequential or indirect damages arising out of Your access to, or use of, this Site. Without limiting the foregoing, everything on this Site is provided to You "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Disclaimer of Liability for Advisor MaterialsBy purchasing this ZOE product, You have the option of purchasing Advisor Materials for Your designated Advisor. This service is available to ZOE customers to supplement the customer's other ZOE materials. ZOE assumes no responsibility and shall not be liable for the accuracy, completeness, timeliness, reliability, relevance or usefulness of the advisor materials contained on this Site or provided to any Advisor. Neither ZOE nor any other party involved in creating, producing or delivering this Site is liable for any direct, incidental, consequential or indirect damages arising out of Your, or Your Advisor's, access to, or use of, the Advisor materials on this Site. ZOE makes no claim to the qualifications of any Advisor and is not responsible for the actions or inactions of any Advisor. ZOE has no contractual agreement with any Advisor and any dealing between a ZOE customer and his or her Advisor is strictly between the customer and his or her Advisor. Without limiting the foregoing, everything on this Site is provided to You and/or Your mentor "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Privacy Policy [U.S.]These ZOE Terms and Conditions of Use incorporate the terms in ZOE's Privacy Policy which can be found by clicking "Privacy Policy" in the header or footer of this Web Site. TerminationIf You violate any of these terms, Your access to the Site may be terminated and ZOE may end Your authorization to use the Site. ZOE may terminate Your access at any time, for any reason or for no reason. ZOE would consider terminating Your access if ZOE reasonably believe that You have violated or acted inconsistently with the letter or spirit of this Terms of Use statement, or violated our rights or those of another party. The provisions entitled "Limitation of Liability and Disclaimer of Warranty," "Indemnification," "Limitation of Liability," and "Intellectual Property," "General Provisions" will survive termination of Your registration. Intellectual PropertyContent (and products, compilation of the Web Site/ pages) on ZOE's Web Site is the intellectual property of ZOE. Any copying, republication or redistribution of ZOE content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of ZOE. Data is provided for information purposes only, and is not intended for trading purposes. ZOE shall not be liable for any errors or delays in content, or for any actions taken in reliance thereon. ZOE is a pending/registered trademark of ZOE. ZOE's services and any software used in connection with the services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in third-party advertisements or information presented to You through the products or advertisers is protected by copyrights, trademarks, service marks, patents, publicity rights, or other proprietary rights and laws. Except as expressly authorized by ZOE or advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the services or the software, in whole or in part. Links to Third Party MaterialsZOE may provide links ("Links") to Internet sites maintained by third parties. All Links to other sites found on the Site are publicly available on the Internet and are provided solely for the convenience of users. Unless expressly stated otherwise, Links on the Site are not sponsored by, affiliated with, or the responsibility of ZOE and the owners of such Links are not affiliated with ZOE and do not sponsor or endorse ZOE's Site. ZOE has neither tested nor verified the content, accuracy, or opinions expressed on any Links on the Site and disclaims any warranty or liability for damages associated therewith, including, without limitation, computer viruses or any other damages to Your computer as a result of Your using such Links to third-party sites. IndemnificationYou agree to indemnify ZOE and to hold ZOE harmless from any and all claims (including reasonable attorneys' fees and costs) resulting from Your acts, omissions, or representations in any way related to this agreement ("Agreement") or Your access to, and use of, this Site. Governing Law; Jurisdiction; VenueThis Agreement shall be construed solely in accordance with the internal laws of the State of Colorado, without giving effect to principles of conflicts of laws. Any actions, proceedings or suits concerning or relating to this Agreement may only be brought in a court of competent jurisdiction in Colorado or in the U.S. District Court and each party hereby consents to the jurisdiction and venue of such court, and waives any objections thereto. SeverabilityIf any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. USAThe ZOE Site is controlled and monitored from the USA and no representation is made that the contents of this Site are appropriate or applicable for use elsewhere. Users in jurisdictions other than the USA must obey local laws. ZOE collects email addresses provided by users for the primary intent of expediting the ZOE process. ZOE is not selling or distributing email addresses to third parties. Agreement by user to be bound by use of the siteBy accessing and using this Site, You accept, without limitation or qualification, these Terms and Conditions. Information from third partiesAny links to third parties on the ZOE Web Site are provided for convenience and information only. The information provided by these third parties is not controlled or monitored by ZOE. Acknowledgement of third party rightsWhen this Site uses any copyrighted materials, trademarks or service marks, owned by third parties, ZOE acknowledges the rights of these third parties on the pages displaying the materials. GeneralZOE may at any time, in its sole discretion, revise these Terms and Conditions by updating them on this legal page ("Legal Page"). You are bound by any such revisions and should therefore periodically visit this Legal Page to review the current Terms and Conditions. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may contain technical inaccuracies or typographical errors. Contact InformationFor inquiries, contact ZOE at our email address located in the "Contact Us" link in the footer of this Web Site. |
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