Please read the following agreement carefully. It constitutes a legal contract between you and Advensys, LLC concerning the Web Site.
Zatobowl from Advensys, LLC provides data and information from a variety of sources to help improve science education. www.zatobowl.com (herein the Web Site). The material on this Web Site is for informational use only. You should confirm the accuracy of the data before making any decisions.
I. Use of this Site.
The Information (as defined in Section II below) on this Site is provided to you as a resource, and is not intended to be the only or primary means for your eeducation . It is not intended in any way to be a substitute for professional advice, nor is it intended to be relied upon as advice, or a recommendation, or an endorsement about speicific products. The data used for the ratings has been provided by independent information providers, and the Web Site does not guarantee that it is complete, up to date, or accurate, and you should confirm the completeness and accuracy of the data. Any conclusions contained in the Information are in the nature of opinions based upon historical data or practices but should not be considered as any representation or warranty that such data or practices are accurate or will continue to be so in the future. The Information has not been verified by the Web Site and you are solely responsible for any and all decisions or actions. Advensys does not perform any independent analysis or investigation of any of the Information provided. Advensys does not assume, and expressly disclaims, any obligation to obtain and include any information other than that provided at the Web Site. It should be understood that by making this Information available, Advensys is not endorsing or advocating the use of any product or service described in the Information, nor is Advensys responsible for misuse of a product due to, or other consequence of, any typographical error or other inaccuracy. Additional information on any product may be obtained from the provider.
II. Restrictions.
All of the information on this Site, including, without limitation, the data, information, logos, designs, and text ("Information") are solely owned by Advensys LLC, its licensors, or other third parties, and are protected by copyright, trademark, patent, or trade secret laws. You may use the Information for your personal use only and not for commercial purposes. You may print, download, and store Information, but you may not distribute, republish, sell, exploit, duplicate, modify, or create derivative works of the Information without the prior written approval of Advensys LLC. To request approval contact info@advensysllc.com. Except for the right to use this Web Site, the User has no right, title, or interest in the Information, other content or any copyright, patent, trademark, trade secret, or other intellectual property or proprietary right therein. User hereby assigns to Advensys all right, title, and interest in and to any modifications User makes to the Information, whether or not such modifications are permitted.
III. Changes.
From time to time in its sole discretion, Advensys LLC may update or change the Information on this Site, but is under no obligation to do so. In addition, Advensys LLC may, in its sole discretion, change any of the Terms of Use, such change effective immediately upon its posting on this Site.
IV. Linking to this Web Site.
If you maintain your own Web site, you may link to this Site, provided that you adhere to the following rules:
V. Disclaimer of Warranties.
THE INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND FOR USE AT YOUR OWN RISK. NEITHER Advensys LLC NOR ITS SUPPLIERS MAKE ANY WARRANTIES REGARDING THE INFORMATION, EITHER EXPRESS OR IMPLIED, AND Advensys LLC AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE INFORMATION WILL BE NON-INFRINGING, RELIABLE, CURRENT, COMPLETE, ACCURATE, OR MEET YOUR REQUIREMENTS. You may have additional consumer rights under local laws.
VI. Limitation of Liability.
You will defend, indemnify, and hold harmless Advensys LLC and our Affiliates, and our and their respective directors, officers, shareholders, proprietors, partners, employees, agents, representatives, servants, attorneys, predecessors, successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from (i) your use of this Web Site, any Web Site Materials, or any products or services obtained on or through this Site, (ii) any arrangements you make based on information obtained on or through this Site, or (iii) any breach by you of this User Agreement. To the maximum extent under the law: neither Advensys LLC Nor its suppliers shall be liable for any damages whatsoever Including, without limitation, direct, incidental, special, Indirect, consequential damages, or lost profits arising out of Any breach of obligations or any other claim, including, but Not limited to, negligence or contract, inaccuracies, or Incompleteness, even if advensys llc has been advised of the Possibility of such damages. Your sole remedy for any claim of Breach of contract or any duty that Advensys LLC or its Suppliers might have to you, is to discontinue your use of the Information and this site. Because some states do not allow the Exclusion or limitation of liability, the above limitation may Not apply to you.
VII. Injunctive Relief.
Because of the unique nature of the Information, you understand and agree that Advensys LLC and its suppliers will suffer irreparable injury in the event you fail to comply with any of the Terms of Use and that monetary damages may be inadequate to compensate Licensor for such breach. Accordingly, you agree that Advensys LLC will, in addition to any other remedies available to it at law or in equity, be entitled to injunctive relief, without posting a bond, to enforce the Terms of Use.
VIII. Termination.
Advensys LLC may immediately terminate your right to use this Web Site and the Information if you breach any representation, covenant, term, agreement, or obligation contained or referred to in the Terms of Use at any time, with or without prior notification, by deactivating the User's username and password or suspending operation of the system. Advensys reserves the right to terminate this Agreement, or to modify or terminate services and/or product offerings, at any time without notice to the User.
IX. Miscellaneous.
You may not assign or transfer your rights under the Terms of Use without the prior written consent of Advensys LLC. Any such attempted transfer or assignment in contravention of this provision shall be null and void. You acknowledge that you have read the Terms of Use, understand it and agree to be bound by its terms and conditions. You also agree that the Terms of Use is the complete and exclusive statement of the agreement between Advensys LLC and you and supersedes all proposals, representations or prior agreements, oral or written, and any other communications between Advensys LLC and its affiliates and you relating to the subject matter of the Terms of Use. The Terms of Use may not be amended, except by an agreement in writing which is signed by you and an authorized representative of Advensys LLC. Waiver of a breach of or right hereunder will not constitute a waiver of any other or subsequent breach or right. If any provision herein shall be held by a court of competent jurisdiction to be contrary to law, that provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions herein will remain in full force and effect.
X. Governing Law and General Provisions.
The Terms of Use will be governed by the laws of the State of Arizona, U.S.A., excluding the application of its conflicts of law rules. The Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Venue for any action under the Terms of Use shall be in state or federal courts in Maricopa County, Arizona. You consent to the personal jurisdiction of the courts of such venue. If any part of the Terms of Use is found void and unenforceable, it will not affect the validity of the balance of the Terms of Use, which shall remain valid and enforceable according to its terms.