This Web Site (the "Site") is provided
by Jason A. Donenfeld (“ZX2C4.COM”) 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.
ZX2C4.COM 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.
Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by
international copyright and trademark laws. The owners of the copyrights and
trademarks are ZX2C4.COM and its affiliates or other third party licensors. YOU MAY
NOT MODIFY, COPY, REPRODUCE, REPUBLISH, QUOTE FROM, 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 ZX2C4.COM a non-exclusive, royalty-free,
worldwide, perpetual license, with the right to sub-license, 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 ZX2C4.COM by any
and all means (e.g. in writing or by e-mail) and in any media now known or hereafter
developed. You also grant to ZX2C4.COM 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 ZX2C4.COM for any alleged or actual infringement
or misappropriation of any proprietary right in your communications to ZX2C4.COM.
1. Trademarks.
Publications, products, content or services referenced
herein or on the Site are the exclusive trademarks or service marks of ZX2C4.COM.
Other product and company names mentioned in the Site may be the trademarks
of their respective owners.
2. Use of the Site.
The information that appears on this Site is provided
for information purposes only and is not legal or investment advice. You should
not make decisions, pursue any strategies or enter into any transactions based
upon the information provided at this Site. The strategies and techniques discussed
on this site are presented in a generalized summary manner and are considerably
more complex in execution than they appear. Also, the legal and other bases
for the strategies presented on the Site may change over time prior to our making
revisions or modifications to this web site and, accordingly, the information
on this site may be outdated at any time, and we do not warrant it to be current
or correct. Before you take any actions based on information you receive here,
you should obtain professional advice to evaluate your situation and the applicability
of our techniques to your particular circumstances. We do not provide legal
or accounting services or investment advice, and the attorney-client privilege
does not apply to our relationships with clients.
You understand that, except for information, products
or services clearly identified as being supplied by ZX2C4.COM, ZX2C4.COM does not operate,
control or endorse any information, products or services on the Internet in
any way. Except for ZX2C4.COM-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 ZX2C4.COM. You also understand
that ZX2C4.COM 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. ZX2C4.COM 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
ZX2C4.COM
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 GENERALL.
ZX2C4.COM 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 MAY BE OFFENSIVE TO YOU.
YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. ZX2C4.COM HAS NO CONTROL OVER AND ACCEPTS
NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
3. LIMITATION OF LIABILITY.
IN NO EVENT WILL ZX2C4.COM 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 ZX2C4.COM 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,
ZX2C4.COM LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
ZX2C4.COM makes no representations whatsoever about any
other web site that you may access through this Site or that may link to this
Site. When you access a non-ZX2C4.COM web site, please understand that it is independent
from ZX2C4.COM, and that ZX2C4.COM has no control over the content on that web site. In
addition, a link to a ZX2C4.COM web site does not mean that ZX2C4.COM endorses or accepts
any responsibility for the content, or the use, of such web site.
4. Indemnification.
You agree to indemnify, defend and hold harmless
ZX2C4.COM, its officers, directors, managers, members, employees, agents, licensors,
suppliers and any third party information providers to the Site 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.
5. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service),
and 4 (Indemnification) are for the benefit of ZX2C4.COM and its officers, directors,
managers, members, 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.
6. 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), 4 (Indemnification),
5 (Third Party Rights), 7 (Engaging ZX2C4.COM) and 6 (Miscellaneous) shall survive
any termination of this Agreement.
7. Engaging ZX2C4.COM
Hiring ZX2C4.COM is an important decision that should
not be based solely on this Site. Before you decide to engage us, talk to our
principals and your other advisors at length to help you make this decision.
Communication by or to anyone associated with ZX2C4.COM and your receipt of information
through this web site do not create an engagement or other relationship with
the firm. Engagements are only undertaken pursuant to excuted engagement letters.
8. Miscellaneous.
This Agreement shall all be
governed and construed in accordance with the laws of The United States
of America applicable to agreements
made and to be performed in the United States of America. You agree that any
legal action or proceeding between ZX2C4.COM 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 The United
States of America. Any cause of action or claim you may have with respect
to
the Site must be commenced within one (1) year after the claim or cause of
action arises or such claim or cause of action is barred. ZX2C4.COM’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. ZX2C4.COM 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.
