Terms of Use Agreement & Disclaimer

In this Agreement & Disclaimer ("Agreement") "you" and "your" refer to each customer or website visitor, "we", us" and "our" refer to Zeal, its contractors, agents, employees, officers, directors and affiliates (hereinafter "Zeal") and "Services" refers to the services provided by us. Zeal provides this site and related services subject to your compliance with the terms and conditions set forth herein. Please read the following information carefully.

1. THIS SITE IS PROVIDED AS-IS WITH NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ASSUME COMPLETE RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND ANY AND ALL SITE-RELATED SERVICES. Some jurisdictions do not allow the exclusions of implied warranties, so the above exclusion may not apply to you.

2. ZEAL, ITS AGENTS, REPRESENTATIVES AND EMPLOYEES ARE NEITHER RESPONSIBLE NOR LIABILE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR ITS SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

3. ZEAL SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF THIS AGREEMENT OR ANY GOODS OR SERVICES PROVIDED, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. EACH PARTY HEREBY WAIVES ANY CLAIMS THAT THESE EXCLUSIONS DEPRIVE SUCH PARTY OF AN ADEQUATE REMEDY.

4. YOU ACKNOWLEDGE THAT THIRD PARTY PRODUCT AND SERVICE PROVIDERS ADVERTISE THEIR PRODUCTS AND SERVICES ON THE ZEAL WEB SITE. ZEAL FORMS "PARTNERSHIPS" OR ALLIANCES WITH SOME OF THESE VENDORS FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF THESE PRODUCTS AND SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME IS ZEAL MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S PRODUCTS OR SERVICES, NOR WILL ZEAL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS AND SERVICES. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST ZEAL WITH RESPECT TO THIRD PARTY PRODUCTS AND SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

5. ZEAL at its sole discretion, may choose to change the terms, conditions and operation of this Web site at anytime. By using this service the user waives any rights or claims it may have against ZEAL.

6. EMAIL TRANSMISSIONS. When you send ZEAL an electronic mail transmission, the electronic mail transmission is not necessarily secure and is not encrypted. Accordingly, email transmissions are not necessarily protected from unauthorized access. Transmission of email is at your own risk. ZEAL cannot accept responsibility for your transmission of confidential information or any obligation with respect to that information not submitted over the secure server.

7. GOVERNING LAW. By using this site, you submit to the exclusive jurisdiction of the state of California and federal courts having jurisdiction in the County of Los Angeles in the state of California, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

8. BY USING THIS SITE AND/OR ANY SERVICES RELATED THERETO, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF USE.

9. All documents listed above are hereby incorporated into this Terms of use Agreement and Disclaimer by reference.