Zeer Terms of Use Agreement
(Last updated January 28th, 2008.)
The following Zeer Terms of Use Agreement, as well as all policies, guidelines, rules and additional terms referenced in it, each of which are incorporated into by reference (such agreement, policies, guidelines, rules and additional terms, as updated by Zeer from time to time, collectively referred to as these "Terms of Use") set out the legally binding terms with respect to your use and the provision by Zeer, Inc. or its affiliates (collectively referred to as "Zeer") of the Zeer website located at www.zeer.com, any linked pages owned or operated by Zeer or any of the services owned or operated by Zeer (such website, linked pages and services collectively referred to as the "Zeer Service").
Please read these Terms of Use carefully. Your access or use of the Zeer Service constitutes your acceptance of all the provisions of these Terms of Use. If you are unwilling to be bound by these Terms of Use, do not access or use the Zeer Service.
YOU UNDERSTAND AND AGREE THAT THE INFORMATION CONTAINED IN THE ZEER SERVICE IS NOT INTENDED NOR IMPLIED TO BE, AND YOU WILL NOT USE IT AS, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER PRIOR TO STARTING ANY NEW TREATMENT OR WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NOTHING CONTAINED IN THE ZEER SERVICE IS INTENDED TO BE OR WILL BE USED BY YOU FOR MEDICAL DIAGNOSIS OR TREATMENT. YOU UNDERSTAND THAT YOU SHOULD NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING TREATMENT BASED ON THE INFORMATION CONTAINED IN THE ZEER SERVICE.
WHILE ZEER WORKS TO ENSURE THAT PRODUCT INFORMATION IS CORRECT, ON OCCASION MANUFACTURERS MAY ALTER THEIR INGREDIENT LISTS. ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN MORE AND/OR DIFFERENT INFORMATION THAN THAT SHOWN IN THE ZEER SERVICE. FOR THESE REASONS YOU SHOULD NOT RELY ON THE INFORMATION PRESENTED, BUT SHOULD ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER. NEITHER ZEER, ITS SUPPLIERS, NOR ANY MANUFACTURERS ASSUMES ANY LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS.
Eligibility
You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register as a member of or use the Zeer Service. If you are under the age of 18 or the applicable legal age in your jurisdiction, you may use the Zeer Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms of Use on your behalf and agrees to be liable for any violation of these Terms of Use caused by you. If you do not qualify, do not use the Service. Membership in the Zeer Service is void where prohibited by applicable law, and the right to access the Zeer Service is revoked in such jurisdictions. By using the Zeer Service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of its terms and conditions. The Zeer website is administered in the US and intended for US users; any use outside of the US is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of the service or the website. The Zeer Service is not intended for and may not be used by children under the age of 13.Registration and Security.
In order to use or access some of the Zeer Service, you may be required to register with Zeer, in which case you will be issued a user name, which will consist of your first name and last initial ("User ID"), you will be required to provide your email address, and you will be required to select a password. If you register, you agree to provide Zeer with accurate, complete, and up to date registration information. Failure to do so will constitute a breach of these Terms of Use, which may result in immediate termination of your account. Without limitation, you may not (a) enter, select or use information owned or controlled by another person with the intent to impersonate that person or (b) use as a User ID a name subject to any rights of a person other than yourself. Zeer reserves the right to refuse registration of or cancel a User ID in its discretion. You will be responsible for maintaining the confidentiality of your password and you are fully responsible for all activities that occur under your User ID and password. Any User ID and password provided to you for your access to the Zeer Service will be for your personal use only. You agree to (i) immediately notify Zeer of any unauthorized use of your User ID or password and (ii) ensure that you exit from your account at the end of each session.Use of the Zeer Service
Permitted Use
Subject to the restrictions on use and on posting set forth in these Terms of Use, you may use the Zeer Service to solicit reviews from, and share reviews with other Zeer users; search the Zeer database for reviews and product information; forward reviews to people you know, whether or not they are existing Zeer users; invite people you know to join Zeer and download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages and other materials available via the Zeer Service ("Content"), and other items displayed on the Zeer Service, solely for your own non-commercial use. You may not copy or distribute any portion of the Zeer Service for any purpose not expressly authorized in these Terms of Use without the express written permission of Zeer. Zeer does not control the Content posted by third parties via the Zeer Service, including the content of any messages or reviews, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Zeer Service you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Zeer be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.Restrictions on Use
Without limitation to any other restrictions contained in these Terms of Use, unless otherwise expressly permitted by Zeer, you agree that you will not (and will not allow any third party to):modify, adapt, translate, or reverse engineer any portion of the Zeer Service;
remove any copyright, trademark or other proprietary rights notices contained in or on the Zeer Service or in or on any Content or other material obtained via the Zeer Service;
use any robot, spider, site search/retrieval application, or other automated device, process or means to access, query, retrieve, index or otherwise collect any portion of the Zeer Service;
access, retrieve or index any portion of the Zeer Service for purposes of constructing or populating a searchable database of business reviews;
collect any information about other users or members (including User IDs and/or email addresses) for any purpose other than to solicit and share reviews with other Zeer users or members;
reformat or frame any portion of the web pages that are part of the Zeer Service;
create user accounts by automated means or under false or fraudulent pretenses;
create or transmit unwanted electronic communications such as "Spam" to other users or members of the Zeer Service or otherwise interfere with other users' or members' enjoyment of the Zeer Service;
transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
use the Zeer Service to violate the security of any computer network, crack passwords or security encryption codes, or transfer or store illegal material including that which is deemed threatening or obscene;
copy or store any Content offered on the Zeer Service other than for your own non-commercial use;
use any device, software or routine that interferes with the proper working of the Zeer Service or otherwise attempt to interfere with the proper working of the Zeer Service;
take any action that imposes, or in our sole discretion may impose, an unreasonable or disproportionately large load on our IT infrastructure;
intentionally or unintentionally use the Zeer Service to violate any applicable law;
collect or store personal data about other users in connection with the prohibited activities described in this section; or
use or otherwise exploit the Zeer Service for any commercial purpose.
Content Posted By You on the Zeer Service.
You are solely responsible for any Content and other material that you submit, publish or display on the Zeer Service or transmit to other members and/or users (collectively, "Posted Content"). Specifically, and without limitation:
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such material, trademarks or information. You may not submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
You may not provide any Posted Content that falsely expresses or implies that such Content or material is sponsored or endorsed by Zeer.
You are responsible for complying with all laws applicable to the Posted Content. You may not provide any Posted Content that is unlawful or that promotes or encourages illegal activity.
You understand and agree that Zeer may review and delete any Posted Content that in the sole judgment of Zeer violates these Terms of Use or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Zeer Service and/or Zeer
You are solely responsible for your ratings and reviews of products listed on Zeer
You agree that you will only provide Posted Content that you believe to be true and you will not purposely provide false or misleading information.
The following is a partial list of the kind of Posted Content and communications that are illegal or prohibited on or through the Zeer Service. Zeer reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation removing the offending communication from the Zeer Service and terminating the membership of such violators or blocking your use of the Zeer Service. You may not post Content that:
is false or intentionally misleading;
is patently offensive to users of the Zeer Service, such as Content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of unsolicited mass mailing or "spamming";
violates the intellectual property or other rights of any person;
promotes illegal activities or conduct that is abusive;
is threatening, obscene, defamatory or libelous;
is pornographic or sexually explicit in nature; and
seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
Zeer reserves the right, but does not have the obligation, to remove or edit any Posted Content, but does not regularly review Posted Content.
By posting Posted Content on the Zeer Service, you agree to and hereby do grant Zeer its contractors, and the members and users of the Zeer Service an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to prepare derivative works of, or incorporate into other works, such Posted Content, and to use the name that you submit in connection with such content. This license is non-exclusive, except you agree that Zeer will have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other Zeer users for purposes of constructing or populating a searchable database of product reviews. You represent and warrant that you have the right to grant the foregoing rights, that you own or otherwise control all of the rights to the Posted Content you post, that use of the Posted Content will not violate these Terms of Use or cause injury to any person or entity, and you agree to indemnify and hold harmless Zeer its contractors, and the members and users of the Zeer Service for claims resulting from the Posted Content you post.
Copyright Dispute Policy. Zeer respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Privacy. Use of the Zeer Service is governed by our Privacy Policy.
Term. These Terms of Use will remain in full force and effect while you use the Zeer Service. Either party may terminate these Terms of Use for any reason, at any time. Those terms and conditions of these Terms of Use which by their nature or express language are intended to survive the termination of these Terms of Use will survive its termination of these Terms of Use.
Ownership. The Zeer Service (including, but not limited to, text, photographs, graphics, video and audio Content) are protected by copyright as collective works or compilations under the copyright laws of the United States and other countries. All individual articles, Content and other elements comprising the Zeer Service are also copyrighted works. The Zeer Service and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights in it, is owned by Zeer or its licensors. You acknowledge that the Zeer Service and any underlying technology or software used in connection with the Zeer Service contain Zeer's proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the Zeer Service, or Zeer Service in whole or in part except as expressly provided in these Terms of Use. Except as expressly and unambiguously provided in these Terms of Use, Zeer and its suppliers do not grant you any express or implied rights, and all rights in the Zeer Service not expressly granted by Zeer to you are retained by Zeer
Disclaimer. THE ZEER SERVICE IS PROVIDED BY ZEER ON AN "AS IS" BASIS. ZEER, ITS STRATEGIC PARTNERS, ITS AFFILIATES AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ZEER AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ZEER, ITS STRATEGIC PARTNERS, ITS AFFILIATES AND ITS LICENSORS FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE ZEER SERVICE. ZEER IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY MEMBER OR USER OF THE ZEER SERVICE. Zeer does not guarantee that the Zeer Service will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the Zeer Service is free of viruses or other potentially harmful components. Any material or Content downloaded or otherwise obtained through the use of the Zeer Service is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY MEMBER OR USER OR FROM ZEER, THE ZEER SERVICE OR THROUGH OR FROM THE ZEER SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
Limitation on Liability. Zeer will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Zeer's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). WITHOUT LIMITING THE FOREGOING, ZEER AND ITS LICENSORS AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF USE, ZEER'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (a) THE AMOUNT PAID, IF ANY, BY YOU TO ZEER FOR THE ZEER SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (b) $100 . IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Indemnity. You agree to indemnify and hold Zeer, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) the access to or use of the Zeer Service, (b) the violation of these Terms of Use, or (c) the infringement of any intellectual property or other right of any person or entity, by you or any third party using your account or User ID or password.
Changes to these Terms of Use or the Zeer Service. You agree and understand that these Terms of Use, the Zeer Service and the Zeer Service may be modified by Zeer at any time without prior notice, and such modifications will be effective upon Zeer's posting of the new terms and/or upon implementation of the new changes on the Zeer Service. You agree to review the Terms of Use periodically so that you are aware of any modifications. Your continued use of the Zeer Service after any modifications indicates your acceptance of the modified Terms of Use. Unless expressly stated otherwise by Zeer, any new features, new services, enhancements or modifications to the Zeer Service implemented after your initial access to the Service will be subject to these Terms of Use.
Miscellaneous. THESE TERMS OF USE MUST BE CONSTRUED AS IF BOTH PARTIES JOINTLY WROTE THEM. IF THERE IS ANY DISPUTE ABOUT OR INVOLVING THE ZEER SERVICE OR THESE TERMS OF USE, BY USING THE ZEER SERVICE, YOU AGREE THAT THE DISPUTE AND THESE TERMS OF USE WILL BE GOVERNED BY THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. YOU AGREE TO THE PERSONAL JURISDICTION BY AND VENUE IN THE STATE AND FEDERAL COURTS OF THE COMMONWEALTH OF MASSACHUSETTS, CITY OF BOSTON FOR ANY DISPUTE IN WHICH THE AGGREGATE CLAIM FOR RELIEF SOUGHT ON BEHALF OR ONE OR MORE PARTIES EXCEEDS $7,500. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use and you do not have any authority of any kind to bind Zeer in any respect whatsoever. Zeer may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail or postings on the Zeer Service. These Terms of Use, including all policies, terms, guidelines and rules referenced in these Terms of Use, contain the entire agreement between you and Zeer regarding the use of the Zeer Service. The failure of Zeer to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for in these Terms of Use will not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sublicensable by you except with Zeer's prior written consent. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
Contact and Violations. Please contact us with any questions regarding these Terms of Use and report any violations of these Terms of Use to privacy@zeer.com.