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Terms of Use

Terms of Use

Zebra Ginkgo Group LLC Terms of Use

Zebra Ginkgo Group LLC (“ZebraGinkgo,” “we,” or “us”) maintains the website located at http://www.zebraginkgo.com (the “Site”).  These Terms of Use (“Terms”) cover the Site and any associated content, including email and RSS.  Please read these Terms carefully before using or proceeding to access the Site.  The terms “you” and “your,” as used in these Terms, refer to all individuals and entities accessing the Site for any reason.

Acceptance of These Terms

By accessing or using the Site, you acknowledge and represent that you are at least 13 years of age and have read and agree to be bound by these Terms and the Privacy Policy, Copyright Policy, and Submission Guidelines, which are incorporated into these Terms by this reference.  IF YOU DO NOT AGREE TO THESE TERMS, THE PRIVACY POLICY, COPYRIGHT POLICY, OR SUBMISSION GUIDELINES, PLEASE DO NOT ACCESS OR USE THE SITE.

Your Use of the Site

Without ZebraGinkgo’s express written consent, you may not (a) use any automated means to access the Site or collect any information from the Site, including but not limited to robots, spiders or scripts, or (b) frame the Site, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages.  This means, among other activities, that you agree not to engage in the practices of “screen scraping,” “database scraping,” “deep-linking,” or any other activity for the purpose of obtaining content, lists of users, or other information.

You may not use any meta tags or other “hidden text” utilizing ZebraGinkgo’s name, trademarks, or service marks without the express written consent of ZebraGinkgo.  You may not use any ZebraGinkgo logo or other proprietary graphic, trademark or service mark as part of a link without express written permission from ZebraGinkgo.  You agree that you will not use the Site in any manner that is inconsistent with applicable law or that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.  You agree not to reproduce, duplicate, copy, sell, resell, or exploit the Site or any portion of the Site.

Trademarks and Copyrights
The Site and all materials incorporated by ZebraGinkgo on the Site (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the characters, logos or other images incorporated by Zebra Ginkgo Group LLC on the Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by or others (“Trademarks”). Zebra Ginkgo Group LLC respects the intellectual property rights of others and asks you to do the same.

Your Use of Material

Your right to make use of the Site and any Material or other content appearing on it is subject to your compliance with these Terms. Modification or use of the Material or any other content on the Site for any purpose not permitted by these Terms may be a violation of the Copyrights and /or Trademarks and is prohibited.

You may access and display Material and all other content displayed on the Site for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on the Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by Zebra Ginkgo.  Any authorization to copy Material granted by Zebra Ginkgo in any part of the Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on the Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

External Link Disclaimer
The site may contain links to external, third party web sites.

By providing links to other sites, ZebraGinkgo does not guarantee, approve or endorse the information , products, or services available at these sites, nor does a link indicate any association with or endorsement by the linked site to the Site.

ZebraGinkgo does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor does it represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.

You assume sole and complete responsibility and risk your access or use of any external sites.  You acknowledge that ZebraGinkgo is not liable or responsible for any damage or loss caused, or alleged to be caused, by or in connection with your access or use of any content, products, or services available on or through any external site.  You should direct any concerns regarding any external link to its site administrator or webmaster.

Comments and Discussion Groups Terms of Use
In order to make our Comments interesting and informative for our users, you must adhere to the follow guidelines when posting and/or viewing comments:

* If a comment is made using your identity it will be deemed to have been posted by you.
* Do not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material.
* Do not intentionally make, false or misleading statements.
* Do not offer to sell or buy any product or service.
* Do not post material that infringes copyright.
* Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.
* Do not question why a previous comment was removed.
* Keep all comments relevant and ‘on topic’ to the particular posting open for comments.
* ZebraGinkgo will not accept responsibility for information posted in the Comments.

If ZebraGinkgo receives notice that any posting is not in keeping with these terms and conditions or the intended use of the Comments, ZebraGinkgo may remove that posting and/or any other related postings.

Notification of Changes
Whenever ZebraGinkgo changes these Terms, it will post those changes to these Terms, and other places we deem appropriate to make users aware of such changes.

Disclaimer of Warranties
YOUR USE OF THE SITE IS AT YOUR OWN RISK. ZEBRAGINKGO AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ZEBRAGINKGO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ZEBRAGINKGO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ZEBRAGINKGO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ZEBRAGINKGO MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT ON THE SITE WILL NOT INFINGE THE RIGHTS OF OTHERS AND ZEBRAGINKGO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability

ZEBRAGINKGO DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE,  THE SITE OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF CRACKHOSPITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT CRACKHOSPITAL) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Forums
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THE SITE (“FORUMS”) ARE NOT NECESSARILY THOSE OF ZEBRAGINKGO OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. ZEBRAGINKGO DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF ZEBRAGINKGO. ZEBRAGINKGO MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.

Indemnification

You agree to indemnify, defend and hold harmless ZEBRAGINKGO, its parent and affiliated companies, its and their licensees, successors and assigns, and each of its and their officers, agents and employees from any and all claims, damages, expenses (including reasonable attorneys’ fees), allegations, losses and liabilities arising from or relating to (a) your violation of these Terms, (b) your use of the Site, (c) User Submissions that you submit, post to, or transmit through the Site, (d) ZEBRAGINKGO’s exercise of the rights granted herein, (e) your access to or use of linked sites, or (f) any dealings between you and any third parties advertising or promoting via the Site.

Void Where Prohibited

ZEBRAGINKGO controls, operates, and administers the Site from the United States of America.  Although the Site may be accessible worldwide, not all features are appropriate for use outside the United States.  If you choose to access the Site from outside the United States, you do so on your own initiative, and you are responsible for complying with applicable local laws.

Governing Law and Venue

All Matters relating to your access to and use of the Site are governed in all respects by the laws of the State of Missouri without reference to conflict of law provisions.  You agree that any action at law or in equity arising out of or relating to these Terms or arising out of your use of this Site will be brought before a court of competent jurisdiction in St. Louis County, Missouri.

General

If any portion of these Terms is deemed unenforceable, then that portion will be enforced to the maximum extent possible so as to effect the parties’ intent as reflected by that provision, and the remaining portions of these Terms will be given full effect.  ZEBRAGINKGO’s failure to act in a particular circumstance, including any failure by ZEBRAGINKGO to enforce or exercise any provision of these Terms, does not waive the ability to act with respect to that circumstance or similar circumstances in the future.  ZEBRAGINKGO will be excuse for any failure to perform to the extent that its performance is prevented by any reason outside of its reasonable control.  No agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms.  These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by ZEBRAGINKGO without restriction.  These Terms, in addition to any other written agreement between you and ZEBRAGINKGO, constitute the entire agreement between ZEBRAGINKGO and you with respect to your access to or use of the Site, superseding any prior version of these Terms.  If an express conflict exists between these terms and a written agreement between you and ZEBRAGINKGO, such written agreement supersedes these Terms.

Updated January 26, 2013

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