ZUSIA™ TERMS OF USE

 

Last modified: December 17, 2015

WELCOME TO ZUSIA.NET AND MOBILE APPLICATION (THE “SITE”), OWNED AND OPERATED BY THE DISABILITY KNOW-IT-ALL LLC (THE “COMPANY”).

IN ORDER FOR YOU TO USE THE SITE, YOU MUST AGREE TO THE FOLLOWING TERMS OF USE (THE “TERMS OF USE”) BY CLICKING ON “I AGREE” BELOW. IN ADDITION TO AGREEING TO THE TERMS OF USE, YOU CONFIRM THAT YOU ARE AN ADULT WHO IS OVER THE AGE OF 18 WHEN YOU CLICK ON “I AGREE.”

PLEASE NOTE THAT YOUR AGREEMENT INCORPORATES THE PRIVACY POLICY LOCATED AT http://zusia.net/zusia-privacy-notice/ .

 

PLEASE ALSO NOTE THAT THERE ARE ADDITIONAL TERMS AND CONDITIONS OF USE THAT ARE APPLICABLE TO SPECIFIC AREAS OF THE SITE THAT ARE POSTED IN THOSE AREAS. THESE TERMS OF USE, TOGETHER WITH ANY SUCH ADDITIONAL TERMS AND CONDITIONS, ARE REFERRED TO HEREIN AS THE “TERMS” AND THEY GOVERN YOUR USE OF THE ENTIRE SITE, INCLUDING THOSE AREAS OF THE SITE THAT CONTAIN ADDITIONAL TERMS.

 

YOU MAY NOT ACCESS AND/OR OTHERWISE USE THE SITE IF YOU DO NOT AGREE TO THE TERMS AND/OR THE PRIVACY POLICY.

 

THE COMPANY MAY CHANGE THE TERMS AT ANY TIME, WITHOUT PRIOR NOTICE TO YOU, AND THESE REVISED TERMS WILL BE EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE.  YOU WILL BE DEEMED TO HAVE ACCEPTED ANY CHANGES BY USING THE SITE AFTER SUCH CHANGES HAVE BEEN POSTED, SO YOU SHOULD CHECK THE TERMS REGULARLY TO ENSURE THAT YOU AGREE WITH CHANGES IN TERMS.

 

YOUR CONTINUED RIGHT TO ACCESS AND USE THE SITE WILL TERMINATE IMMEDIATELY, WITHOUT PRIOR NOTIFICATION TO YOU OR ANY FURTHER ACTION BY THE COMPANY, IF YOU BREACH THE FOLLOWING TERMS.

 

Use of the Site

 

By using the Site, you authorize the disclosure, processing and transfer of all information that you provide to the Site to all entities, individuals and groups lawfully associated or affiliated with the Company and/or the Site.

 

You are solely and completely responsible for all activities related to the use of your account and membership, including, but not limited to, all activities related to email and/or the use of password(s) and computer(s), and you agree to use appropriate standards of security to protect access to your password(s) and computer(s).

 

Without limiting anything set out elsewhere in the Terms, unauthorized use of the Site, including but not limited to, its passwords, systems, resources, software, videos, graphics, photos, logos, button icons, images, recordings,  documents, forms, general text, Blog Searches, Community Forum and Service Referral Center is strictly prohibited.

 

Content

 

The content of the Site, including, but not limited to, documents, forms, general text, Blog Searches, videos, commentary, Community Forum postings, and all information related to service referrals, services, service providers and external links (together, the “Content”), is intended to be general and/or recreational information that represents personal opinion and/or experience only and does not represent counseling/advice/recommendation concerning disability status, therapeutic recommendation or prescription or any other issue including but not limited to medical, psychological, or other diagnoses, rehabilitation and other therapeutic intervention(s).

 

The Content, including citations, is not guaranteed to be factual, accurate or original, and represents only the personal opinion/interpretation/understanding of its author(s) based upon facts, statements and conclusions derived from a review of written material as well as material from other sources. All statements and/or opinions expressed in any materials, and all articles and responses to questions, are solely the opinions and the responsibility of the person or entity providing those materials and do not necessarily reflect the opinion of the Company. The Company does not guarantee, and is not responsible, for the accuracy, quality and helpfulness of the content of material that is accessed through the Site’s external links. Without limiting the foregoing, you hereby acknowledge that the Company is not responsible or liable to you, or any third party, for the content or accuracy of the Content, including, without limitation, materials provided by any third parties.

 

Informational Purposes Only; No Advice or Recommendations

 

Members of the Zusia™ Team (The “Team”) will provide you with general information that is intended to help you use the Site more easily, and the content of the Team’s written and/or verbal communication with you represents only general information and does not represent personal counsel/advice/ recommendation concerning disability status therapeutic recommendation or prescription or any other issue including but not limited to medical, psychological, or other diagnoses, rehabilitation and other therapeutic intervention(s).

 

Members of the Team do not make recommendations or offer any form of advice or counsel concerning your choice of Company resources, including but not limited to services and service providers.

 

Team members with professional educations, degrees and titles provide only the same general information that is provided by other Team members, with the sole purpose of helping you to use the Site more easily. They never function professionally within their role as a Company Team member and will never provide counseling/advice/recommendation concerning disability status therapeutic recommendation or prescription or any other issue including but not limited to medical, psychological, or other diagnoses, rehabilitation and other therapeutic intervention(s).

 

In keeping with the restrictions upon function of all Team members, Team members with professional educations, degrees and titles offer only general information to help you use the Service Referral Center more easily and do not make recommendations or offer any form of advice or counsel concerning your choice of Company resources, including but not limited to services and service providers.
THE CONTENT OF THIS SITE IS NOT MEANT TO BE A SUBSTITUTE FOR DIAGNOSTIC ASSESSMENT OF DISABILITY OR ANY OTHER CONDITION, TREATMENT OF ANY KIND, RECOMMENDATION(S) AND/OR OTHER ADVICE PROVIDED BY A DOCTOR OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL AND SHOULD NOT BE USED FOR DIAGNOSING OR TREATING A PERSONAL PROBLEM OF ANY KIND, INCLUDING BUT NOT LIMITED TO HEALTH AND DISABILITY. YOU SHOULD ALWAYS CONSULT WITH A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL FOR MEDICAL ADVICE, MEDICAL REFERRALS, OR INFORMATION ABOUT DIAGNOSIS AND TREATMENT OF ANY MEDICAL CONDITION OR SYMPTOM, INCLUDING BUT NOT LIMITED TO DISABILITY.
The Company does not offer personal, professional, occupational, caregiving or other direct services of any kind (including, without limitation, medical, mental health, disability, psychological, home maintenance, personal grooming and hygiene, legal, or financial services and labor) to individuals, groups, and/or organizations. If you need such assistance, your circumstances should be independently evaluated by a licensed professional or other trained and certified expert in the field(s) in which you wish assistance.

 

Intellectual Property

 

All Content (including but not limited to software, documents, forms, graphics, photos, logos, button icons, images, recordings, videos general text and text related to Blog Searches, the Community Forum and the Service Referral Center) is the property of the Company, its licensors, or other providers of such materials and is protected by United States and international laws relating to copyrights, trademarks, patents, trade secrets and other intellectual property or proprietary rights. The Site shall not be used by any person to post, transmit, display, publish, distribute or otherwise exploit content or other materials that (1) violates the Terms; (2) infringes the copyright, trademark, trade secret or other intellectual property rights of others or violates the privacy or publicity or other personal rights of others; (3) is fraudulent, deceptive, defamatory, obscene, threatening, harassing, abusive, hateful, or embarrassing to another user, anyone affiliated with the Company or any other person or entity, including without limitation, sexually-explicit or parody images or text, chain letters or pyramid schemes; or (4) violates applicable laws, rules and regulations, including without limitation, consumer protection, privacy and trade laws and regulations.

 

The trademarks, service marks, logos and other indicia of origin (collectively, the “Marks”) used on the Site are owned by the Company and other third parties. No license or right to use any Marks contained on the Site is granted, whether by implication or otherwise, and any use of any Marks contained on the Site is expressly prohibited unless authorized in writing by the owner of the applicable Marks. All rights not explicitly granted herein are reserved.

 

You are not authorized to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Content, except as follows:

 

Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.

 

You may store files that are automatically cached by your web browser for display enhancement purposes.

 

You may print or download one copy of a reasonable number of pages of the Site for your own lawful, personal, non-commercial use and not for further reproduction, publication or distribution, as expressly permitted by and subject to the restrictions contained in the Terms, including, without limitation, the requirement that you maintain all copyright and other proprietary notices contained in any Content.

 

If the Company provides desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

 

You must not:

 

Modify copies of any Content.

 

Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

 

Access or use for any commercial purposes any part of the Site or any services or materials available through the Website.

 

If you wish to make any use of Content other than that set out in this section, please address your request to support@zusia.net.

 

No right, title or interest in or to the Site or any Content is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by the Terms is a breach of the Terms and may violate copyright, trademark and other laws that the Company will seek to vigorously enforce with all lawful penalties for civil and criminal misconduct.

 

Prohibited Uses

 

Without limiting anything set out elsewhere in these Terms of Use, you may use the Site only for lawful purposes and in accordance with the Terms. You agree not to use the Site:

 

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data to and from the US or other countries).

 

To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Terms.

 

To transmit, or procure the sending of, any advertising or promotional material without the Company’s prior written consent, including any “junk mail”, “chain letter,” “spam” or any other similar solicitation.

 

To impersonate or attempt to impersonate the Company, the Company owner(s), a Company employee, independent contractor, service provider, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

 

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined solely by the Company, may harm the Company or users of the Site or expose them to liability.

 

To intentionally or unintentionally violate any applicable local, state, national or international law, regulation or ordinance

 

You also agree not to:

 

Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.

 

Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the Content.

 

Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without the Company’s prior written consent in each instance.

 

Use any device, software or routine that interferes with the proper working of the Site.

 

Disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Site or its associated software, hardware and/or servers in any way.

Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

 

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.

 

Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

 

Delete or alter any Content.

 

Otherwise attempt to interfere with the proper working of the Site.

 

Third Party Links

 

The Site may contain links to other independent third-party web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to users of the Site and are not under the Company’s control, and the Company is not responsible for, and does not endorse the content of, such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites and should seek professional guidance or other sources of expert guidance when in doubt.

 

The Company's Disclaimers and Limitation of Liability

 

Your use of the Site, including, without limitation, all content, services, service providers, direct and indirect interactions, direct and indirect relationships, and resources made available thereon, is at your own risk, and you assume personal responsibility for any decision and/or action undertaken before or after your visit to the Site. The Company does not recommend and does not endorse the content on any third-party websites. The Company is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. The Company does not endorse any product, service, or treatment advertised on the Site.

 

Without limiting anything set out elsewhere in these Terms, the Company disclaims all responsibility for personal or other liability, loss or risk associated with the direct or indirect use or application of, or reliance on the Content of the Site, the performance of  the Company’s lawful representatives, the performance of service providers and all others who are lawfully affiliated with the Company, and/or the oral and written statements of the Company’s lawful representatives in all contexts including, but not limited to, speeches, interviews, formal or informal statements, and authorized or unauthorized quotations in publications.

 

THE SITE, INCLUDING BUT NOT LIMITED TO THE SERVICE REFERRAL CENTER, AND ALL CONTENT, PRODUCTS AND OTHER RESOURCES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE CONTENT, PRODUCTS OR OTHER RESOURCES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING.

 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE SITE, CONTENT, PRODUCTS OR OTHER RESOURCES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, OR FROM ANY CONTENT, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

 

WITHOUT LIMITING ANYTHING SET OUT ABOVE, IF YOUR USE OF THE SITE OR ANY ELEMENT OR COMPONENT THEREOF RESULTS IN THE NEED FOR SERVICE TO, OR REPLACEMENT OF, EQUIPMENT OR DATA, THE COMPANY IS NEITHER RESPONSIBLE NOR LIABLE FOR THOSE COSTS. YOUR USE AND BROWSING OF, AND ANY RELIANCE BY YOU UPON, THE SITE ARE AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY ELEMENT OR COMPONENT THEREOF, OR WITH ANY OF THE TERMS AND CONDITIONS OF THESE TERMS OR PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE.

 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

Your Liability

 

IN THE EVENT YOU TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION OF THE SITE OR THE SERVICES TRANSMITTING THE SITE TO YOU, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. "TECHNICAL DISRUPTION" INCLUDES DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS, PROPAGATION OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE, AND/OR USING THE SITE TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA THE SITE. YOU ARE FURTHER SOLELY RESPONSIBLE FOR THE CONTENT OF ANY TRANSMISSIONS USING THE SITE AND, WITHOUT LIMITING ANYTHING SET OUT IN THESE TERMS, AGREE NOT TO UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON THE SITE ANY MATERIAL PROTECTED BY A PROPRIETARY RIGHT OF A THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS PERMISSION OF THE OWNER OF SUCH PROPRIETARY RIGHT. YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES) ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE UPLOADING, POSTING OR OTHER SUBMISSION OF MATERIALS BY YOU.

 

You agree to and shall defend indemnify, and hold the Company, its officers, directors, members, employees, agents, licensors, and suppliers, harmless from and against any and all losses, harm, damages, costs, expenses (including attorneys' fees), claims, actions, demands, liabilities and settlements arising from or in connection with, or alleged to result from, your violation of these Terms.

 

General

 

The Terms constitute the entire agreement between you and the Company and govern your use of the Site. The failure of the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. You agree that, regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose. Section headings are for convenience only and have no legal or contractual effect. The Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Access to the Site may not be legal by certain persons, or in certain countries. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. You will comply with all applicable export laws, restrictions, and regulations of any United States or foreign agency or authority and will not export or re- export, or allow the export or re-export of any product, technology or information you obtain or acquire in connection with the Site (or any direct product thereof) in violation of any such laws, restrictions or regulations. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction in which you are then-located.

 

The Terms are governed by the internal substantive laws of the State of New York, without regard to its conflict of law principles. Jurisdiction for any claims arising under the Terms shall lie exclusively with the state or federal courts in Westchester County, New York. To the fullest extent permitted by applicable law, no claim under the Terms may be joined to any other claim, including any legal proceeding involving any other current or former user of the Site, and no class action proceedings will be permitted.
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