The Zen Of Productivity Web Site Agreement
The The Zen Of Productivity Web Site (the "Site") is an
online information service, subject to your compliance with the
terms and conditions set forth below. please read this document
carefully before accessing or using the site. by accessing or
using the site, you agree to be bound by the terms and conditions
set forth below. if you do not wish to be bound by these terms and
conditions, you may not access or use the site. The Zen Of
Productivity may modify this agreement at any time, and such
modifications shall be effective immediately upon posting of the
modified agreement on the site. you agree to review the agreement
periodically to be aware of such modifications and your continued
access or use of the site shall be deemed your conclusive
acceptance of the modified agreement.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and
trademarks are The Zen Of Productivity , its affiliates or other
third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE,
REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER,
THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. You may print and download portions of material from the
different areas of the Site solely for your own non-commercial use
provided that you agree not to change or delete any copyright or
proprietary notices from the materials. You agree to grant to The
Zen Of Productivity a non-exclusive, royalty-free,
worldwide, perpetual license, with the right to sub-license, to
reproduce, distribute, transmit, create derivative works of,
publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained
therein for new or improved products and services) you submit to
any public areas of the Site (such as bulletin boards, forums and
newsgroups) or by e-mail to The Zen Of Productivity by all
means and in any media now known or hereafter developed. You also
grant to The Zen Of Productivity the right to use your name
in connection with the submitted materials and other information
as well as in connection with all advertising, marketing and
promotional material related thereto. You agree that you shall
have no recourse against The Zen Of Productivity for any
alleged or actual infringement or misappropriation of any
proprietary right in your communications to The Zen Of
Productivity .
TRADEMARKS
Publications, products, content or services referenced herein or
on the Site are the exclusive trademarks or servicemarks of The
Zen Of Productivity . Other product and company names mentioned in
the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services
clearly identified as being supplied by The Zen Of Productivity ,
The Zen Of Productivity does not operate, control or endorse
any information, products or services on the Internet in any way.
Except for The Zen Of Productivity - identified information,
products or services, all information, products and services
offered through the Site or on the Internet generally are offered
by third parties, that are not affiliated with The Zen Of
Productivity a. You also understand that The Zen Of
Productivity cannot and does not guarantee or warrant that
files available for downloading through the Site will be free of
infection or viruses, worms, Trojan horses or other code that
manifest contaminating or destructive properties. You are
responsible for implementing sufficient procedures and checkpoints
to satisfy your particular requirements for accuracy of data input
and output, and for maintaining a means external to the Site for
the reconstruction of any lost data.
You assume total responsibility and risk for your use of the site
and the internet. The Zen Of Productivity provides the site
and related information "as is" and does not make any express or
implied warranties, representations or endorsements whatsoever
(including without limitation warranties of title or
noninfringement, or the implied warranties of merchantability or
fitness for a particular purpose) with regard to the service, any
merchandise information or service provided through the service or
on the internet generally, and The Zen Of Productivity shall
not be liable for any cost or damage arising either directly or
indirectly from any such transaction. It is solely your
responsibility to evaluate the accuracy, completeness and
usefulness of all opinions, advice, services, merchandise and
other information provided through the service or on the internet
generally. The Zen Of Productivity does not warrant that the
service will be uninterrupted or error-free or that defects in the
service will be corrected.
You understand further that the pure nature of the internet
contains unedited materials some of which are sexually explicit or
may be offensive to you. Your access to such materials is at your
risk. The Zen Of Productivity has no control over and
accepts no responsibility whatsoever for such materials.
Limitation of liability
In no event will The Zen Of Productivity be liable for (i)
any incidental, consequential, or indirect damages (including, but
not limited to, damages for loss of profits, business
interruption, loss of programs or information, and the like)
arising out of the use of or inability to use the service, or any
information, or transactions provided on the service, or
downloaded from the service, or any delay of such information or
service. Even if The Zen Of Productivity or its authorized
representatives have been advised of the possibility of such
damages, or (ii) any claim attributable to errors, omissions, or
other inaccuracies in the service and/or materials or information
downloaded through the service. Because some states do not allow
the exclusion or limitation of liability for consequential or
incidental damages, the above limitation may not apply to you. In
such states, The Zen Of Productivity liability is limited to
the greatest extent permitted by law.
The Zen Of Productivity makes no representations whatsoever
about any other web site which you may access through this one or
which may link to this Site. When you access a non- The Zen Of
Productivity web site, please understand that it is
independent from The Zen Of Productivity , and that The Zen Of
Productivity has no control over the content on that web
site. In addition, a link to a The Zen Of Productivity web
site does not mean that The Zen Of Productivity endorses or
accepts any responsibility for the content, or the use, of such
web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless The Zen Of
Productivity , its officers, directors, employees, agents,
licensors, suppliers and any third party information providers to
the Service from and against all losses, expenses, damages and
costs, including reasonable attorneys' fees, resulting from any
violation of this Agreement (including negligent or wrongful
conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of The Zen Of
Productivity and its officers, directors, employees, agents,
licensors, suppliers, and any third party information providers to
the Service. Each of these individuals or entities shall have the
right to assert and enforce those provisions directly against you
on its own behalf.
5. Term; Termination.
This Agreement may be terminated by either party without notice at
any time for any reason. The provisions of paragraphs 1
(Copyright, Licenses and Idea Submissions), 2 (Use of the
Service), 3 (Indemnification), 4 (Third Party Rights) and 6
(Miscellaneous) shall survive any termination of this Agreement.
6. Miscellaneous.
This Agreement shall all be governed and construed in accordance
with the laws of USA applicable to agreements made and to be
performed in USA. You agree that any legal action or proceeding
between The Zen Of Productivity and you for any purpose
concerning this Agreement or the parties' obligations hereunder
shall be brought exclusively in a federal or state court of
competent jurisdiction sitting in USA . Any cause of action or
claim you may have with respect to the Service must be commenced
within one (1) year after the claim or cause of action arises or
such claim or cause of action is barred. The Zen Of
Productivity 's failure to insist upon or enforce strict
performance of any provision of this Agreement shall not be
construed as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice shall act
to modify any provision of this Agreement. The Zen Of
Productivity may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.