Terms Of Service

Last Update: 10/20/2024

Changes

Z9 Promo reserves the right at any time to modify these Terms of Service and to impose new or additional terms or conditions on Client's use of Z9 Promo products and services. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms of Service. Your continued use of the Z9 Promo products or services will be deemed acceptance thereof.
 

Contact Information

Client agrees to provide Z9 Promo with a valid email address(es) for important and legally required communications. Client agrees to update Z9 Promo as needed to ensure communication and further agrees that Z9 Promo is not responsible for undelivered email, out of date email addresses, changed email addresses, changed systems or any other issue that may prevent email from being delivered. Z9 Promo's e-mail communications will be considered received by the Client when they are transmitted by Z9 Promo.


Service Level Commitment

For Z9 Promo hosted services, Z9 Promo aims to provide a high quality reliable service based on its own infrastructure of servers and software and will use its best efforts to provide 100% uptime. Scheduled and non-scheduled server maintenance and upgrades can take the system off-line which will make the system unavailable (collectively referred to as "server maintenance events"). Z9 Promo will use its best efforts to notify Client of these server maintenance events, but it may not always be practical to do so. In addition Z9 Promo may from time to time use third party suppliers and Z9 Promo is unable to predict or guarantee service level commitments in respect to third party suppliers. Z9 Promo hosted services contain many variables, including the use of third party services, that can affect performance and uptime and therefore Z9 Promo can not guarantee service.


Use of Client's Information and Content

For Z9 Promo hosted services, during the term of this Agreement, the Client hereby grants Z9 Promo a non-exclusive license to use the Client provided information and content, including Client's trademarks and copyrights, as needed in order for Z9 Promo to provide the hosted service.


Client Duties and Obligations

For Z9 Promo hosted services, Client represents and warrants that:

  • Clients content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation.
  • Clients content does not infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person.
  • Client owns its content and all proprietary or intellectual property rights therein, or has express written authorization from the owner to copy, use and display the content on and within its Web Site.
  • Client warrants that its content will not be used in connection with any illegal activity.
  • Client warrants that it shall not engage in any harmful activities, including, but not limited to, traffic bursting.
  • Client warrants that its content will not contain any abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious content.


Liability Limitations

The products and services provided by Z9 Promo are provided as is, without warranty of any kind to Client or any third party, including, but not limited to, any express or implied warranties of: 1) merchantability; 2) fitness for a particular purpose; 3) effort to achieve purpose; 4) quality; 5) accuracy; 6) non-infringement; and 7) title. Client agrees that any efforts by Z9 Promo to modify licenses, products or services shall not be deemed a waiver of these limitations, and that any Z9 Promo warranties shall not be deemed to have failed of their essential purpose. Client further agrees Z9 Promo shall not be liable to Client or any third party for any loss of profits, loss of use, interruption of business, or any direct, indirect, or consequential damages of any kind whether under this agreement or otherwise, even if Z9 Promo was advised of the possibility of such damages or was grossly negligent. Modifications made to Client's web site by Client or any third party voids any remaining express or implied warranties. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to Client. In such jurisdictions, Z9 Promo's liability is limited to the greatest extent permitted by law. Acceptance of delivery of products or services shall constitute a waiver and release of Z9 Promo by Client for any claim for damages, setoff, discount or other liability on account of delay.
 

Governing Law and Jurisdiction

The construction, validity and performance of this Agreement shall be governed by, and construed in accordance with, the laws of the State of Michigan. The parties agree that venue and jurisdiction for any litigation arising out of, related to, or regarding the validity of, this Agreement shall lie in the County of Oakland, State of Michigan. In the event of litigation the prevailing party shall be entitled to an award of attorney's fees and costs, including expert witness fees.

 

Entire Agreement

This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the matters stated herein, and this Agreement contains all of the covenants and agreements between the parties with respect thereto.

 

Severability

In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement, and further agree to substitute for the invalid provision a valid provision which most closely resembles the intent and economic effect of the invalid provision.

 

Cancellation Policy

By Client: All accounts can be canceled by the Client at any time by emailing support@z9promo.com. Client will receive a return email confirming account cancellation. No refunds for payments already received will be given to the Client.

By Z9: All accounts can be canceled by Z9 Promo at any time by sending an email only to the email address provided by the Client. No refunds for payments already received will be given to the Client.

 

Right to Suspend or Terminate Services

Z9 Promo reserves the right to, without notice, suspend or terminate any Service at any time for any reason. Reasons for suspension or termination include, but are not limited to:

  • Late Payment
  • Harassing, threatening, abusing, offending Z9 employees or agents.