Zacore.com
TERMS OF USE & PRIVACY POLICY


Zacore LLC (Zacore.com) provides this web site and all information contained herein (collectively, the "Web Site") with the terms and conditions set forth below. Please read the following information carefully before continuing to use this Web Site. By using this Web Site or any service of this Web Site, you signify your acceptance of these Terms of Use and Privacy Policy. "Zacore.com" is intended to include Zacore LLC and their respective divisions, subsidiaries and affiliated companies.

General Legal Information

This Web Site is for informational purposes only. None of the information contained in this Web Site constitutes a solicitation, offer, or recommendation by Zacore.com.

All statements contained in this Web Site are deemed to be factual as of the date they are provided and are subject to change without notice.

Contents of Web Site

Zacore.com reserves the right, in its sole discretion, to change, modify, add or remove portions of these terms and conditions at any time and to monitor any and all use of this Web Site. Accordingly, please check these Terms of Use and Privacy Policy periodically for any changes. Your use of the Web Site or any service on this Web Site after the posting of such modifications will constitute your acceptance of the modified Terms of Use and Privacy Policy. Any terms and conditions proposed by you which are in addition to or which conflict with the Terms of Use and Privacy Policy are expressly rejected by Zacore.com and shall be void.

Retaining Information and "Cookies"

Access to the Web Site is not confidential and you hereby consent to our collection of information that you send to us and that we send to you through this Web Site. You acknowledge and consent that Zacore.com may retain and use this information for its own internal purposes and that such recording applies to all information and data that you enter into this Web Site including, without limitation, all tools or information request fields included herein. You acknowledge and agree that Zacore.com may store information on your computer using "cookies." A cookie is a file containing information that a Web Site sends to a local hard disk for access by the Web Site at a later time for various Web Site administration and related purposes. You acknowledge and agree that any communication between you and Zacore.com via this Web Site is not "encrypted."

Restrictions on Use

The information provided on this Web Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject Zacore.com or its affiliates to any registration requirement within such jurisdiction or country. You may not use this Web Site for any illegal purpose or in any manner inconsistent with these Terms of Use and Privacy Policy. You agree not to use, transfer, dispose, or distribute any information on this Web Site in any manner that could compete with Zacore.com's business. You may not copy, reproduce, republish, recompile, redeliver, decompile, disassemble, reverse engineer, distribute, publish, display, modify, upload, post, transmit, create derivative works from, use "frame" technology on, or in any other way create a misimpression or confusion among users with respect to sponsorship or affiliation, or exploit in any way material from Zacore.com's Web Site. Notwithstanding the foregoing, the user may download a single copy of any support document or user guide for his or her own personal use, provided that such materials are maintained in their original form and are not redistributed to other individuals or entities.

For the purposes of educational "fair use" please contact Zacore.com to gain permission to use materials in your class. We ask this of you so that we are aware of the uses of our materials. We whole-heartedly support education of our industries.

Limited License

Users may include a link to the Zacore.com Web Site as follows:

(i) in a simple list of companies, by linking to the Zacore.com homepage (www. Zacore.com); or

(ii) in a list of companies that offers descriptions along with links, provided that Zacore.com has approved such description.

Linking to other pages or content within the Zacore.com Web Site is prohibited, unless expressly permitted by Zacore.com.

Disclaimer of Warranty

DATA AND INFORMATION PROVIDED BY ZACORE.COM, OR ANY OF ITS AFFILIATES, THEIR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS IS FOR INFORMATIONAL PURPOSES ONLY, AND IS PROVIDED BY ZACORE.COM ON AN "AS IS" BASIS. ZACORE.COM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND A WARRANTY FOR NON-INFRINGEMENT WITH RESPECT TO THE DATA AND INFORMATION. IN NO EVENT SHALL ZACORE.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, AND DAMAGES THAT MAY RESULT FROM THE USE OF THE DATA AND INFORMATION, ANY DELAY OR INTERRUPTION OF SERVICE, OR OMISSIONS OR INACCURACIES IN THE INFORMATION) WITH RESPECT TO THE DATA AND INFORMATION.

THE USER, AS A CONDITION TO VIEWING THE DATA AND INFORMATION, EXPRESSLY WAIVES ANY CLAIM IT MAY HAVE AGAINST ZACORE.COM.

Limitation of Liability

In no event shall Zacore.com or its third party providers be liable to users of this Web Site for any direct, special, indirect, consequential, loss of profits, damages, or any other damages of any kind even if Zacore.com or any other party has been advised of the possibility thereof. Any material downloaded or otherwise obtained through the use of this Web Site is done 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 such material.

Research Reports

We may provide users with certain research, analysis and opinions. These materials may be developed directly by us, or by third-party providers and offered through us. Zacore.com does not endorse the recommendations, advice, opinions, or judgments contained in research developed by third-party providers, which is provided as a convenience to the users of this Web Site. We make no guarantees as to the accuracy, completeness, timeliness, or usefulness of these materials. These materials are made available for your personal use only, and may not be retransmitted or republished without Zacore.com's prior approval.

Copyright and Trademark Notices

This Web Site, including but not limited to the text, content, photographs, images, video, audio, and graphics contained in this Web Site are protected by copyrights, trademarks, service marks, international treaties, and other proprietary rights and laws of the United States of America and other countries as a collective work and/or compilation; unless otherwise indicated, Zacore.com or its affiliates owns a copyright in the selection, coordination, arrangement, and enhancement of such content. Reproduction or citation of such content, information, products, or software without Zacore.com's prior written consent is expressly prohibited. Users agree not to copy, modify, adapt, reproduce, translate, distribute, transmit, reverse engineer, decompile, or dissemble any information appearing on this Web Site. Please see the United States Copyright Office web site (http://www.copyright.gov) for specific information.

Users agree to abide by all applicable intellectual property laws, as well as any additional notices or restrictions contained in the Web Site. Unauthorized use of this Web Site and the materials contained on this Web Site may violate applicable copyright, trademark or other intellectual property laws or other laws.

The trademarks, service marks, and logos (collectively, the "Trademarks") displayed on this Web Site are registered and common law trademarks of Zacore.com and various third parties. Nothing contained on this Web Site should be construed as granting, by implication, or otherwise, any license or right to use any of the Trademarks without the written permission of Zacore.com or such other party that may own the Trademarks.

"Turning Bright Ideas into Concrete Solutions" is a trademark of Zacore.com.

All other brand and product names appearing on this site may be the trademarks or service marks of their respective owners.

Use of Links

Zacore.com has not developed, checked for accuracy, or otherwise reviewed other web sites linked to this Web Site and is not responsible for the content of any web site linked to this Web Site. Zacore.com provides links to other web sites solely as a convenience to the users of this Web Site. Linking to any other web site is done at the risk of the user. By providing access to the linked web sites, neither Zacore.com nor its third party providers are recommending the use or purchase of the products or the services provided by the web sites' sponsoring organization. Zacore.com has not tested any information, software, or products found on any of the web sites linked to this Web Site, and therefore Zacore.com does not make any representations with respect thereto, including any representations regarding the content or sponsors of the web site, or the suitability or appropriateness of the products or services described therein.

Your Privacy

Zacore.com collects information provided by users of the site in a database that Zacore.com uses to generate follow-up messages for Zacore.com's use only, and to generate statistical reports concerning users of our site for Zacore.com's use only. Zacore.com does not sell the information contained in the database of information collected from users to any third party and does not make any other use of such information.

Security of your Personal Information

Zacore.com secures your personal information from unauthorized access, use or disclosure. Zacore.com secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

Severability

If any provision of the Terms of Use is deemed unlawful, void or unenforceable for any reason, that provision will be deemed severable from these terms and will not affect the validity and enforceability of the remaining provisions.

Entire Agreement

The Terms of Use constitutes the entire agreement between user and Zacore.com relating to the use of this Web Site. Users may also be subject to additional terms and conditions that may apply when users use affiliate services, third-party content or third-party software.

Use Subject to Agreements

The products and services described in this Web Site are subject to these disclosures and disclaimers. If you are a customer, use of such products and services are also subject to the various agreements you have with Zacore.com.

Any rights not expressly granted herein are reserved.

WEB HOSTING SECTION

Zacore.com is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the Zacore.com website and governs data collection and usage. By using the Zacore.com website, you consent to the data practices described in this statement.

Collection of your Personal Information

Zacore.com collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. Zacore.com also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites.

There is also information about your computer hardware and software that is automatically collected by Zacore.com. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used by Zacore.com for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Zacore.com website.

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Zacore.com public message boards, this information may be collected and used by others. Note: Zacore.com does not read any of your private online communications.

Zacore.com encourages you to review the privacy statements of Web sites you choose to link to from Zacore.com so that you can understand how those Web sites collect, use and share your information. Zacore.com is not responsible for the privacy statements or other content on Web sites outside of the Zacore.com and Zacore.com family of Web sites.

Use of your Personal Information

Zacore.com collects and uses your personal information to operate the Zacore.com website and deliver the services you have requested. Zacore.com also uses your personally identifiable information to inform you of other products or services available from Zacore.com and its affiliates. Zacore.com may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

Zacore.com does not sell, rent or lease its customer lists to third parties. Zacore.com may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, Zacore.com may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Zacore.com, and they are required to maintain the confidentiality of your information.

Zacore.com does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.

Zacore.com keeps track of the Web sites and pages our customers visit within Zacore.com, in order to determine what Zacore.com services are the most popular. This data is used to deliver customized content and advertising within Zacore.com to customers whose behavior indicates that they are interested in a particular subject area.

Zacore.com Web sites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Zacore.com or the site; (b) protect and defend the rights or property of Zacore.com; and, (c) act under exigent circumstances to protect the personal safety of users of Zacore.com, or the public.

Use of Cookies

The Zacore.com website use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Zacore.com pages, or register with Zacore.com site or services, a cookie helps Zacore.com to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Zacore.com website, the information you previously provided can be retrieved, so you can easily use the Zacore.com features that you customized.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Zacore.com services or Web sites you visit.

Security of your Personal Information

Zacore.com secures your personal information from unauthorized access, use or disclosure. Zacore.com secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

Changes to this Statement

Zacore.com will occasionally update this Statement of Privacy to reflect company and customer feedback. Zacore.com encourages you to periodically review this Statement to be informed of how Zacore.com is protecting your information.

Contact Information

Zacore.com welcomes your comments regarding this Statement of Privacy. If you believe that Zacore.com has not adhered to this Statement, please Click Here. We will use commercially reasonable efforts to promptly determine and remedy the problem.

WEB HOSTING MEMBERS AGREEMENT SECTION

Carefully read the following terms and conditions of this agreement. By accessing and using the web hosting services and associated software of the Zacore.com site. ("Zacore.com"), you ("Customer") indicate the acceptance of the following terms and conditions and you agree to be bound by them. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE THE ZACORE.COM WEB HOSTING SERVICES.

This agreement constitutes the complete and exclusive statement of the agreement between you and Zacore.com with respect to the Zacore.com web hosting services SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, oral or written, and any other communications relating to the subject matter of this agreement.


Now, therefore, in consideration of the mutual covenants set forth herein, Zacore.com and Customer agree as follows:

1.Order Acceptance, Payment.
A.All orders are subject to acceptance by Zacore.com. An order will be deemed accepted by Zacore.com when Zacore.com sends written confirmation of the order to Customer.

B.Zacore.com shall charge Customer's credit card for the applicable set-up fees and monthly fees according to the Package(s) (as defined below) selected by Customer and provided by Zacore.com. Such fees and charges shall include, without limitation, the fees for connectivity, design services, and charges by any and all third parties whose materials are included as part of the Package(s). Zacore.com reserves the right to change the amount of, or basis for determining, any fees or charges and institute new fees and charges upon prior notice to Customer. Customer must provide Zacore.com with a valid credit card number to which Zacore.com will automatically charge all Zacore.com fees as they become due. All monthly fees and set-up fees shall be due in advance of the month incurred and all additional charges shall be due at the end of the month in which such charges are incurred. Except as provided in Section 3, the set-up fees are nonrefundable and Zacore.com does not issue pro rata refunds for fees paid in advance. If payment by Customer's credit card is denied, or Customer's charge is returned to Zacore.com for any reason, including charge back or Customer otherwise fails to make any payments owing to Zacore.com, Zacore.com may, at Zacore.com's discretion, suspend or terminate access to the Zacore.com Services and/or terminate this Agreement. Customer's right to use the Zacore.com Services are subject to any limits established by Zacore.com or by the issuer of Customer's credit card. Interest charges of 1% per month (or the highest rate permitted by law if lower than 1% per month) will accrue daily on any unpaid balance, which is more than thirty (30) days overdue. Customer shall be responsible for any and all taxes related to this Agreement. Zacore.com may charge you for certain taxes and other applicable fees.


2.Zacore.com Services.
A.During the term of this Agreement, Zacore.com shall provide web hosting services to Customer according to the Package(s) accepted by Customer (the "Zacore.com Services"). "Package" means one of Zacore.com business and/or eb hosting service offerings, as can be found on Zacore.com's website at http://www.Zacore.com. The specific Package to be provided to Customer shall be established by correspondence between Zacore.com and Customer. Such Package shall be deemed incorporated by reference into this Agreement, as if fully set forth herein. Zacore.com and Customer shall retain copies of such Package(s) for future reference.

B.At Customer's request, Zacore.com will acquire an Internet Second-Level Domain Name ("Domain Name"), from the Contracted Registrar on behalf of Customer. Customer's request for and/or acceptance of a Domain Name obtained by Zacore.com shall in all cases constitute Customer's waiver of any and all claims which Customer may have, or which may later arise, against Zacore.com or its third party providers, for any and all damages, losses, claims or expenses arising our or related to the acquisition, registration and/or use of the Domain Name. Any cost incurred by Zacore.com to obtain and/or maintain the Domain Name on behalf of Customer shall be charged to Customer by Zacore.com. Request for and acceptance of a domain name requires Zacore.com to supply the domain name to the Contracted Registrar, which in turns supplies the Domain Name to third parties. Zacore.com will be the sole billing and technical contact for the Domain Name. Prior to the expiration date, Zacore.com will attempt to renew all Domain Names for active accounts where Zacore.com is listed as the billing contact. Customers will be responsible for all renewal expenses.

3.Limited 30-Day Money-Back Guarantee.
Zacore.com offers a thirty (30) day money back guarantee on each Package. If Customer is not completely satisfied with the Zacore.com Services provided under such Package within the first thirty (30) days, Customer may cancel this Agreement by notifying Zacore.com by calling the toll free number listed in Section 8C or writing to the address listed in Section 8C. In such case, Customer will receive a full refund of any amounts paid pursuant to this Agreement, except for set-up fees, which are nonrefundable. After the initial thirty (30) day period, the Zacore.com Services shall be deemed accepted for all purposes, provided no written claim has been received by Zacore.com within such thirty (30) day period.

4.Third Party Providers.
In order to access and use the Zacore.com Services, Customer may be required to subscribe to other Zacore.com services offered under separate agreements, including, but not limited to, the Zacore.com Internet Access Agreement. This Agreement does not in any way modify the terms of such agreements. In addition, Customer acknowledges that in order to access certain of the Zacore.com Services, Customer may have to agree to and execute agreements with third party providers who may charge Customer fees and charges which are in addition to the fees and charges imposed by Zacore.com.

5.Rules and Regulations.
From time to time Zacore.com may impose reasonable rules and regulations regarding the use of the Zacore.com Services. Such rules and regulations are called acceptable use policies and are posted on Zacore.com's website at http://www.Zacore.com/privacy.php. All such acceptable use policies are incorporated by reference into this Agreement as if fully set forth herein.

6.License Grant.
During the term of this Agreement, Zacore.com grants to Customer a non-exclusive, personal, non-transferable license to access and use the Zacore.com Services solely on and as part of Zacore.com's World Wide website and servers. Zacore.com may modify the Zacore.com Services at any time for any reason and may provide modified versions of the Zacore.com Services to Customer.

7.Intellectual Property Rights.
Customer acknowledges and agrees that the Zacore.com Services constitute confidential and proprietary information of Zacore.com and its licensors and embodies trade secrets and intellectual property of Zacore.com and its licensors protected under United States copyright and other laws and international treaty provisions. Customer further acknowledges that all right, title, and interest in and to all parts of the Zacore.com Services, including, without limitation, associated intellectual property rights, are and shall remain with Zacore.com and its licensors. Customer shall not, and shall cause its employees and agents not to, disclose or transfer any portion of the Zacore.com Services to any third party. Customer further agrees not to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, sublicense, distribute, remarket or otherwise dispose of any portion of the Zacore.com Services. Customer hereby acknowledges that, if Zacore.com at any time or from time to time performs any customizations or modifications to Zacore.com Services, all rights and interests to such customizations or modifications shall be the sole property of Zacore.com.

8.Term and Termination. A.This Agreement shall have an initial term of one (1) month and shall thereafter automatically renew for successive one (1) month periods. This Agreement and Customer's access to the Zacore.com Services shall terminate as follows: (i) Either party may terminate upon thirty (30) days prior notice; (ii) Zacore.com may immediately and without prior notice terminate upon a violation by Customer of Zacore.com's acceptable use policies; (iii) Zacore.com may terminate immediately and without prior notice in accordance with Section 1; and (iv) Zacore.com may terminate immediately if, after 15 days prior notice to Customer, Customer has failed to correct any breach of this Agreement.

B.Upon any termination in accordance with Section 8(A)(i), Zacore.com shall permit Customer forty-eight (48) hours to download or otherwise copy any of Customer's information and data residing on Zacore.com's facilities prior to removing such information and data from Zacore.com's facilities. Upon termination by Zacore.com under Sections 8(B)(ii), (iii) or (iv), Zacore.com may immediately remove all of Customer's data and information from Zacore.com's facilities and Customer shall have no right to copy or download such data or information, and, in such event, all such information and data, including all copyrighted or copyrightable material therein, shall then become the property of Zacore.com. In cases where Customer's account has been cancelled, and Customer is requesting reactivation, Zacore.com, at it's option, may reactivate the same account, only if the account had been cancelled less than sixty (60) days prior. After sixty (60) days, Customer will be required to set up a new account.

C.To cancel an Zacore.com web hosting and free domain name , Customer should call the Zacore.com toll-free number at 1-877-357-7770 or send a request via email to billing@zacore.com, Attention: Web Hosting Cancellations. For assurance of delivery, Zacore.com recommends that requests for cancellation are sent via certified mail.

D.Sections 1, 7, 8, 9, 10, 11, 12, 13, 14 and 15 shall survive any termination of this Agreement.

9.Exclusion of Warranties.
Zacore.com PROVIDES THE Zacore.com SERVICE ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, whether express or implied, including, but without limitation, any implied warranty of merchantability, or fitness for a particular purpose.


While Zacore.com makes reasonable efforts to maintain the Zacore.com service, many factors are not within Zacore.com's control. Therefore, Zacore.com does not warrant, and is not responsible for (even if caused by the negligence of Zacore.com) any loss of data, delays, non-delivery or misdelivery of information, lack of access, slows response time, or service interruptions or errors. Loss, delay or non-delivery of data can be due to but not limited to Zacore.com's own negligence, viruses or other third parties. Customer's data is defined as any data held by Zacore.com and includes account information, web hosting data, email and domain name services. This disclaimer and waiver shall apply equally to any and all third party providers. Zacore.com provides no warranty to customer regarding the accuracy of usage statistics, which Zacore.com may provide in its discretion. Further, no advice or information given by an Zacore.com representative shall create a warranty or serve as an amendment to this agreement.


Zacore.com has the right to change prices, or add or delete product features of any existing product or service. The right to change products or services extends to any software supporting a product or service. Zacore.com reserves the right to change prices or material features at any time upon 30 days prior notice. Zacore.com reserves the right to institute new fees or new material features at any time upon 30 days prior notice. Zacore.com has the right to discontinue products or services and the right to remove or reassign IP addresses of a customer's website. Zacore.com also has the right to deactivate a customer's service with a thirty (30) day notice.

Except for certain products and services specifically identified as being offered by Zacore.com, Zacore.com does not control any materials, information, products, or services on the Internet. The Internet contains unedited materials, some of which are sexually explicit or may be offensive to you. Zacore.com has no control over and accepts no responsibility for such materials. You assume full responsibility and risk for use of the services and the Internet and are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, and other information, and the quality and merchantability of all merchandise provided through the service or the Internet.

10.Limitation of Liability and Damages.
THE TOTAL AGGREGATE LIABILITY OF ZACORE.COM TO CUSTOMER SHALL BE LIMITED TO THE AMOUNT PAID TO ZACORE.COM BY CUSTOMER HEREUNDER DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM IN WHICH ZACORE.COM IS LIABLE TO CUSTOMER. IN NO EVENT SHALL ZACORE.COM BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED UPON BREACH OF CONTRACT, TORT, OR OTHERWISE AND WHETHER OR NOT ZACORE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.Confidentiality.
Customer acknowledges that by reason of its relationship with Zacore.com, it may have access to certain information and materials relating to Zacore.com's business, customers, software technology and marketing which Zacore.com treats as confidential (collectively "Confidential Information"). Customer shall: (i) hold in confidence, and not disclose or reveal to any person or entity, any Confidential Information without the clear and express prior written consent of a duly authorized representative of Zacore.com; and (ii) not use or disclose any of the Confidential Information for any purpose at any time, other than for the limited purpose of performance under this Agreement. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for two (2) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.

12.Indemnification.
Customer shall indemnify and hold Zacore.com harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney's fees and expenses that Company may sustain or incur by reason of any breach or alleged breach of any term or condition of this Agreement (including reasonable attorney's fees) and for any act or omission of Customer or its clients which are in any way related to the Zacore.com Service.

13.Export Control.
Customer agrees not to export or re-export any portion of the Zacore.com Service outside of the United States. Customer further agrees to comply with all United States and other applicable laws, rules and regulations relating to the export, re-export or transshipment of the Zacore.com Services.

14.Force Majeure.
Either party shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.


15.Miscellaneous.
Customer may not assign its rights or delegate any of its duties under this Agreement without our prior written consent of Zacore.com, and any attempted assignment or delegation without such consent shall be void. If one or more provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. Nothing in this Agreement or in the understanding of the parties construes upon the parties the status of partners or joint ventures. Zacore.com may subcontract any work, obligations or other performance required of Zacore.com under this Agreement without consent of Customer. Other than the termination of this agreement, all notices provided hereunder sent by email, mail or certified mail to Zacore.com, will be effective upon transmission. Zacore.com has the right to amend the Agreement from time to time, and will do so by posting the new Agreement on the Zacore.com website under the Terms and Conditions at the Policies and Agreements page.


 
Copyright © 2006 Zacore LLC All rights reserved.