Zertic Website Disclaimer
Zertic Holding B.V., including its subsidiaries, divisions, and affiliates (“Zertic”), provides the information and services on its Websites (the “Website”) under the following terms and conditions.
- Laws and regulations. Your access to and use of this Website is subject to all applicable international, federal, state and local laws and regulations. You agree not to use the Website in any way that violates such laws or regulations.
- Copyright notice. Copyright and all other proprietary rights in the Content (including but not limited to software, audio, video, text, and photographs) rest with Zertic or its licensors. All rights in the Content not expressly granted herein are reserved. Except as stated herein, none of the material may be copied, reproduced, modified, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Zertic or the copyright owner. All copyright and other proprietary notices shall be retained on all permitted reproductions. Permission is granted to display, copy, distribute and download the materials on this Website for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You also may not, without Zertic’s permission, “mirror” any material contained on this Website on any other server. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed materials. Any unauthorized use of any material contained on this Website may violate copyright laws, trademark laws, the laws of privacy, communications, regulations, and statutes. Any material or information sent through or in connection with this Website by you (“User Materials”) will be treated as non-confidential and non-proprietary, and immediately become the property of Zertic, subject to the applicable Privacy Statement posted on this Website. Zertic may use such User Materials as it deems fit, anywhere in the world, without obligation for compensation, and free of any moral rights, intellectual property rights or other proprietary rights in or to such User Materials.This Website may contain references to specific Zertic products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country. Please contact your local Zertic sales for further information.
- Trademarks. Unless otherwise indicated, all trademarks, service marks and logos displayed on the Website are registered and unregistered trademarks of Zertic (or its affiliates, subsidiaries, or divisions). These include each of Zertic’s primary product brands and service offerings, and its corporate logos and emblems.
- Tampering. User agrees not to modify, move, add to, delete or otherwise tamper with the information contained on Zertic’s Website. User also agrees not to decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained on the Website.
- Indemnity. You agree to defend, indemnify, and hold harmless Zertic, its affiliates, subsidiaries, and divisions, and each of their officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Content (including software) or your breach of the terms of this Agreement. Zertic shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
- Third-party information. Although Zertic monitors the information on the Website, some information may be supplied by independent third parties. While Zertic makes every effort to insure the accuracy of all information on the Website, Zertic makes no warranty as to the accuracy of any such information.
- Links to third-party sites. This Website may contain links that will let you access other Websites that are not under the control of Zertic. The links are only provided as a convenience and Zertic does not endorse any of these sites. Zertic assumes no responsibility or liability for any material that may be accessed on other Websites reached through this Website, nor does Zertic make any representation regarding the quality of any product or service contained on any such site.
- Links from third-party sites. Zertic prohibits unauthorized links to the Website and the framing of any information contained on the site or any portion of the Website. Zertic reserves the right to disable any unauthorized links or frames. Zertic has no responsibility or liability for any material on other Websites that may contain links to this Website.
- No warranties. Although care has been taken to ensure the accuracy of information on this Website, Zertic assumes no liability therefor. Information and documents provided on this Website are provided “AS IS” and “AS AVAILABLE”. Zertic hereby disclaims any representations and warranties of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, title or as to operation or content. Zertic uses reasonable efforts to include accurate and up-to-date information on this Website; it does not, however, make any warranties or representations as to its accuracy or completeness. Zertic periodically adds, changes, improves, or updates the information and documents on this Website (including but not limited to products, pricing, programs, events, and offers) without notice. Zertic assumes no liability or responsibility for any errors or omissions in the content of this Website. Your use of this Website is at your own risk.
- Limitation of liability. UNDER NO CIRCUMSTANCES SHALL Zertic OR ANY OF ITS AFFILIATES, SUBSIDIARIES, OR DIVISIONS, BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA) THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THIS SITE OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET, EVEN IF Zertic WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST Zertic PERTAINING TO OR IN CONNECTION WITH THIS SITE MUST BE COMMENCED AND NOTIFIED TO Zertic IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.
- Privacy. Protecting the privacy of our clients and users of our Websites is important to Zertic. The Zertic Privacy Statement, as updated and amended occasionally, describes how we use and protect information you provide to us. You acknowledge and agree that by providing Zertic with any personal data through the Website, you consent to process of such personal data in accordance with Zertic’s Privacy Statement.
- Security. The security of information transmitted through the Internet can never be guaranteed. Zertic does not warrant or make any representations as to the security of this Website. You acknowledge any information sent may be intercepted. Zertic does not warrant that the Website or the servers, which make this site available or electronic communications sent by Zertic are free from viruses or any other harmful elements. Zertic is not responsible for any interception or interruption of any communications through the Internet, or for changes to or losses of data. You are responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of Zertic sites to protect you and your data, Zertic may suspend your use of a client site, without notice, pending an investigation, if any breach of security is suspected.
- Access to password protected/secure areas. Access to and use of a password protected or secure area of the Website is restricted to authorized users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution.
- Forward-looking statements. The information on this Website may contain certain projections or forward-looking statements regarding the financial condition, results of operations and business of Zertic or any of its affiliates and certain plans and objectives of Zertic regarding these items. By their nature, projections and forward-looking statements involve risk and uncertainty because they relate to events and depend on circumstances that will occur in the future. There are several factors that could cause actual results and developments to differ materially from those expressed or implied by these projections or forward-looking statements. These factors include, but are not limited to, levels of business spending in major economies, the levels of marketing and promotional expenditures by Zertic and its competitors, raw materials and employee expenses, changes in future exchange and interest rates (in particular, changes in currencies can materially affect results), changes in tax rates and, future business combinations, acquisitions, or dispositions and the rate of technical changes.
- Specific software available on this Website. Any software that may be made available to download from the Website (the “Software”) is the copyrighted work of Zertic or a third-party providing that Software. Software made available for downloading from or through this Website is licensed subject to the terms of the applicable license agreement, which may accompany or be included with the Software (“License Agreement”). An end user may be unable to install any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the License Agreement terms. Except as set forth in the applicable License Agreement, the Software is made available for use by end users only and any further copying, reproduction or redistribution of the Software is expressly prohibited. Warranties, if any, regarding such Software shall only apply as expressly set forth in the applicable License Agreement. Zertic hereby expressly disclaims all further representations and warranties of any kind, express or implied, including warranties of merchantability, fitness for any particular purpose, title or non-infringement regarding the Software.
- Jurisdiction/governing law. These Terms-of-Use shall be governed by and construed in accordance with the laws of The Netherlands, without regard to its principles of conflict of laws. You agree that any disputes in connection with this agreement or its enforcement shall be resolved in a court of competent jurisdiction in The Netherlands.If any provision of the Terms-of-Use is deemed by a court of competent jurisdiction to be invalid or unenforceable, the invalid portion of the Terms-of-Use shall be considered to be modified as closely as possible to the intent of Zertic and the remainder of the Terms-of-Use shall remain in full force and effect.