Terms & Conditions
Date of Last Revision: January, 2021
These Website Terms & Conditions (“T&Cs”) apply to your access and use of www.zipcpq.com (the “Site”), including all software, data, reports, text, images, sounds, video, and content made available through any portion of the Site (collectively, the “Content”). Content includes all such elements as a whole, as well as individual elements and portions thereof.
Acceptance of Terms
zipCPQ permits you (“User” or “you” or “your”) to access and use the Site and Content, subject to these T&Cs. By accessing or using any portion of the Site, you acknowledge that you have read, understood, and agree to be bound by these T&Cs. If you are entering into these T&Cs on behalf of a company or other legal entity (“User Entity”), you must have the legal authority to contractually bind such User Entity to these T&Cs, in which case the terms “you” or “your” or “User” will refer to such User Entity. If you lack such legal authority to contractually bind or you do not agree with these T&Cs, you must not accept these T&Cs or access or use the site or content.
zipCPQ reserves the right, at its sole discretion, to change or modify portions of these T&Cs at any time. ZipCPQ will post the changes to these T&Cs on the Site and will indicate at the top of this page the date these terms were last revised. It is your responsibility to check the T&Cs periodically for changes. Your continued use of the Site and Content after the date any such changes become effective constitutes your acceptance of the new or revised T&Cs.
General Conditions / Access and Use
Authorization to Access and Use Site and Content. Subject to your compliance with these T&Cs and the provisions hereof, you may access or use the Site and Content solely for the purpose of your evaluation of zipCPQ. You may only link to the Site or Content, or any portion thereof, as expressly permitted by zipCPQ.
Ownership and Restrictions. All rights, title and interest in and to the Site and Content will remain with and belong exclusively to zipCPQ. You will not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Site and any Content available to any third party, (b) use the Site and Content in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Site and Content or their related components, or (c) modify, adapt or hack the Site and Content to, or try to, gain unauthorized access to the restricted portions of the Site and Content or related systems or networks (i.e., circumvent any encryption or other security measures, gain access to any source code or any other underlying form of technology or information, and gain access to any part of the Site and Content, or any other products or services of zipCPQ that are not readily made available to the general public).
You are not permitted to copy, modify, frame, repost, publicly perform or display, sell, reproduce, distribute, or create derivative works of the Site and Content, except that you may download, display, and print one copy of the publicly available materials (i.e., the Content that does not require an Account name or password to access) on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices. You agree not to access the Site or Content by any means other than through the interface that is provided by zipCPQ to access the same. You may not use any “page-scrape,” “deep-link,” “spider,” or “robot or other automatic program, device, algorithm or methodology, or any similar manual process, to access, copy, acquire, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the presentation or navigational structure of the Site or any Content, to obtain or attempt to obtain any Content or other information through any means not made generally available through the Site by zipCPQ. Helioz Technologies, as the owner of zipCPQ, will take any lawful measures to prevent any such activity. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to zipCPQ on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Responsibility for Your Data. You are solely responsible for all data, information and other content, that you upload, post, or otherwise provide or store (hereafter “post(ing)”) in connection with or relating to the Site.
Reservation of Rights. ZipCPQ and its licensors each own and retain their respective rights in and to all logos, company names, marks, trademarks, copyrights, trade secrets, know-how, patents and patent applications that are used or embodied in or otherwise related to the Site and Content. zipCPQ grants no rights or licenses (implied, by estoppel, or otherwise) whatsoever to you under these T&Cs.
Use of Intellectual Property
Rights in User Content. By posting your information and other content (“User Content”) on or through the Site and Content, you grant zipCPQ a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform User Content in connection with the Site and Content. ZipCPQ has the right, but not the obligation, to monitor the Site and Content and User Content. zipCPQ may remove or disable any User Content at any time for any reason, or for no reason at all.
Unsecured Transmission of User Content. You understand that the operation of the Site and Platform, including User Content, may be unencrypted and involve transmission to zipCPQ’s third party vendors and hosting partners to operate and maintain the Site and Content. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of User Content. ZipCPQ will have no liability to you for any unauthorized access or use of any of User Content, or any corruption, deletion, destruction or loss of any of User Content.
Feedback. You may submit ideas, suggestions, or comments (“Feedback”) regarding the Site and Content. By submitting any Feedback, you acknowledge and agree that (a) your Feedback is provided by you voluntarily and zipCPQ may, without any obligations or limitation, use and exploit such Feedback in any manner and for any purpose, (b) you will not seek and are not entitled to any money or other form of compensation, consideration, or attribution with respect to your Feedback regardless of whether zipCPQ considered or used your Feedback in any manner, and (c) your Feedback is not the confidential or proprietary information of you or any third party.
Your Representations and Warranties
You represent and warrant to zipCPQ that your activity on the Site and zipCPQ’s possession and use of User Content as contemplated in these T&Cs do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does User Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing.
Termination of Access Due to Violations
zipCPQ may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these T&Cs or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these T&Cs will cause irreparable harm to zipCPQ, for which monetary damages would be inadequate, and you consent to zipCPQ obtaining any injunctive or equitable relief that zipCPQ deems necessary or appropriate in such circumstances, without limiting zipCPQ’s other available remedies. Further, zipCPQ may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) discontinuance or material modification of the Site or any service offered on or through the Site, or (3) unexpected technical issues or problems.
NO WARRANTIES AND DISCLAIMER BY HELIOZ TECHNOLOGIES
THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND HELIOZ TECHNOLOGIES EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY REPRESENTATIONS OR WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT HELIOZ TECHNOLOGIES DOES NOT WARRANT THAT YOUR ACCESS OR USE OR BOTH OF THE THE SITE AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, AND HELIOZ TECHNOLOGIES DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE AND CONTENT, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM HELIOZ TECHNOLOGIES OR THROUGH THE SITE AND PROPERTY WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE T&Cs.
zipCPQ reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, for any reason; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Exclusion of Damages and Limitation of Liability. zipCPQ does not charge fees for you to access and use the Site and Content pursuant to these T&Cs. As consideration for your free access and use of the Site and Content pursuant to these T&Cs, you further agree that HELIOZ TECHNOLOGIES WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR THE LIKE) ARISING OUT OF OR RELATING TO THIS T&Cs, INCLUDING WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE, PLATFORM, MATCHING SERVICES, CONTENT, PROPRIETARY INFORMATION, OR ANY INTERRUPTION OR DISRUPTION OF SUCH USE, EVEN IF HELIOZ TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE). THE AGGREGATE LIABILITY OF HELIOZ TECHNOLOGIES WITH REGARD TO THIS T&Cs WILL IN NO EVENT EXCEED USD$1.00.
Jurisdictional Limitations. Some states and other jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, HELIOZ TECHNOLOGIES’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Dispute Resolution; Jury Waiver
THESE T&Cs ARE MADE UNDER, AND WILL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAWS OF OHIO APPLICABLE TO AGREEMENTS MADE AND TO BE PERFORMED SOLELY THEREIN, WITHOUT GIVING EFFECT TO PRINCIPLES OF CONFLICTS OF LAW. In any action between or among any of the parties, whether arising out of these T&Cs or otherwise, each of the parties irrevocably and unconditionally (a) consents and submits to the exclusive jurisdiction and venue of the state and federal courts located in Cincinnati, Ohio; and (b) WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY TRANSACTIONS CONTEMPLATED HEREBY.
Our Commitment To Privacy
Your privacy is important to us. To better protect your privacy we provide this notice explaining our information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on every page of our website.
The Information We Collect
This notice applies to all information collected or submitted on the zipCPQ website or via phone with a Helioz Technologies representative. The types of information collected are personal information (i.e. name, email address, etc.) and project related. We might also collect information from you regarding third parties in relation to you (i.e. hosting company etc.).
The Way We Use Information
We use the information you provide about yourself to provide services. We do not share this information with outside parties except to the extent necessary to complete your request for our services. zipCPQ reserves the right to reveal this information pursuant to a valid subpoena or court order.
We use return email addresses to answer the email we receive for technical support, customer service, tell-a-friend, email updates. Such addresses are not used for any other purpose and are not shared with outside parties.
Finally, we never use or share the personally identifiable information provided to us online, via phone, or in person in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
Our Commitment To Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online and offline.
This website may provide links to third-party websites. Any such links are provided solely as a convenience to you. zipCPQ has no control over these websites or their content and does not assume any responsibility or liability for these websites. zipCPQ does not endorse or make any representations about these websites, or any information, materials, or products found thereon. If you access any of the third-party websites linked on this Web site, you do so at your own risk.
How You Can Access Or Correct Your Information
At any time, you may later review or update the personal information we have collected online from you by contacting us at: email@example.com.
To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
How To Contact Us
Should you have other questions or concerns about these privacy policies, please send us an email at firstname.lastname@example.org.