Zato North America Corp.
Registered office: 1100 South Tower, 225peachtree Street NE, Atlanta, GA 30303
Employer Identification Number: 87-1389938;
Company Number: 21172531
Terms and Conditions
The following Terms and Conditions refer to the Italian web site www.zatonorthamerica.com. Access and surfing on the site constitute acceptance of such terms.
The contents of this web site are protected by copyright and no part of them may be duplicated in any form, nor used for different purposes, except with the explicit written authorisation of Zato North America Corp.
It is possible to print or download the text visible on the web site for personal and non-commercial purposes, including, but not limited to, structure, style sheets and program codes.
Zato North America Corp. declines any responsibility for possible errors and omissions on the web site www.zatonorthamerica.com. The design, specifications and prices may change without notice.
Article 2. Restrictions.
(b) Communications. The use of the Website is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications made through the Website. By posting information in or otherwise using any communications service, email address, chat room, message board, newsgroup, software library, or any other interactive service that may be available to you on or through the Website, you agree that you will not upload, submit, share, post, or otherwise distribute or facilitate, directly or indirectly, distribution of any content (including text, communications, software, images, sounds, or any other data or information whatsoever) that: (i) attempts to circumvent the security systems of the Website; (ii) contains viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful, or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, severs or other equipment; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, and any other form of unauthorized solicitation; (iv) is unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), indecent, objectionable or otherwise violates in any manner our rules or policies; (v) contains, or materially relates to, any software, device or routine that interferes or is intended to interfere with the normal operation of the Website; and/or (vi) infringes the rights of others or violates their privacy or publicity rights, including, among others, any infringement on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
Article 3. Intellectual Property & Third Parties’ Trademarks.
(b) Third Party Trademarks. Trademarks displayed on the Website not owned by us or our affiliated companies (the “Third Party Trademarks”) are property of their respective owners, who may or may not be affiliated with Zato. Nothing contained in the Website should be construed as granting any license or right to use any trademarks appearing on the Website, including any of the Third Party Trademarks, without the prior written consent of us or such third party that may own the Third Party Trademarks, as applicable.
(c) Posting and Submission. If you submit or post any content or intellectual property through the Website, you represent and warrant that your submission or posting does not infringe the rights of the owner of such content or intellectual property or any other third party.
(d) Submitted Information. We shall not be subject to any obligations of confidentiality regarding submitted information, unless agreed in writing by us executing a confidentiality agreement or as otherwise required by law.
Article 4. Disclaimer.
(a) Website Information. Any information provided on the Website, including, without limitation, quotes, charts, calculators, news, product offers, rates, terms and other information accessible on or through the Website (the “Website Information”) is intended for informational purpose only. The Website Information is believed to be reliable, but is not warranted to be accurate, complete, error free or up to date. Many factors unknown to us may affect the applicability of any statement or comment that we make on the Website to your particular circumstances.
(b) Use of the Website. YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU, AND NOT ZATO, ASSUME THE ENTIRE COST OF ANY AND ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE WEBSITE OR THE CONTENT.
(c) Functionality of the Website. WE CANNOT GUARANTEE THAT THE WEBSITE IS ERROR FREE AND ZATO MAKES NO REPRESENTATIONS ABOUT THE TECHNICAL ACCURACY OR FUNCTIONALITY OF THE WEBSITE. THE WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. FURTHER, YOU UNDERSTAND AND AGREE THAT TEMPORARY INTERRUPTIONS OF THE SERVICES AVAILABLE THROUGH THE WEBSITE MAY OCCUR AS NORMAL EVENTS. IN ADDITION, YOU UNDERSTAND AND AGREE THAT WE HAVE NO CONTROL OVER THIRD PARTY NETWORKS YOU MAY ACCESS WHILE USING THE WEBSITE, AND THEREFORE, ANY DELAYS AND DISRUPTION OF OTHER NETWORK TRANSMISSIONS ARE COMPLETELY BEYOND OUR CONTROL.
(d) Content Provided “As Is”. EACH CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES CONNECTED WITH, OR RELATED TO, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, COURSE OF DEALING OR USAGE OF TRADE, ACCURACY, ACCESSIBILITY, PERFORMANCE OF DURABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PRURPOSE.
(e) No Warranties. WITHOUT LIMITING SECTION 4(D), WE MAKE NO WARRANTY THAT: (I) THE CONTENT WILL MEET YOUR REQUIREMENTS; (II) THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (IV) THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (V) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE; AND/OR (VI) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THE ACQUISITION OF ANY CONTENT THROUGH THE WEBSITE, INCLUDING USE OF THE SERVICES, DOWNLOADING OR OTHER, IS DONE AT YOUR OWN DISCRETION AND RISK. WE MAY MAKE CHANGES TO OUR PRODUCTS AND SERVICES ON THE WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME AND WITHOUT NOTICE.
(f) Certain Exclusions and Limitations. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE LIMITATIONS SET FORTH IN THIS ARTICLE 4 MAY NOT APPLY TO YOU.
Article 5. Limitation of Liability and Indemnification.
(a) Limitation of Liability. NEITHER ZATO NOR ANY OF ITS AFFILIATES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATHSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER A CLAIM IS BASED IN CONTRACT LAW, TORT LAW (INCLUDING NEGLIGENCE, FAILURE TO WARN, STRICT LIABILITY OR OTHERWISE), OR ANY OTHER LEGAL THEORY, ARISING OUT OF, RELATING TO, OR CONNECTED WITH, THE USE, INABILITY TO USE, PERFORMANCE AND NON PERFORMANCE OF, THE WEBSITE, OR ANY PRODUCTS AND MATERIAL ON THE WEBSITE. IN ADDITION, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE WEBSITE, INCLUDIING WITHOUT LIMITATION, ANY ORDER PROCESSING.
(b) Certain Exclusions and Limitations. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SUCH LIMITATIONS SET FORTH IN SECTION 5(A) MAY NOT APPLY TO YOU.
(c) Indemnification. Upon a request by us, you agree to defend, indemnify, and hold Zato and any Affiliates, including their respective officers, directors, employees and agents, harmless from and against any and all claims, causes of actions, suits, proceedings, costs, fees, penalties, losses, liabilities, and expenses, including reasonable attorneys’ fees and litigation expenses, of any kind arising out of, relating to, or connected with your use of misuse of the Website, including any Content and Website Information.
Article 6. Governing Law; Contact Information; Final Provisions.
(a) Governing Law. Zato controls this Website from its offices within the State of Georgia in the United States of America. This Website can be accessed from any of the United States and from other countries worldwide. Since the laws of each state or country able to access the Website may differ, by accessing this Website you agree that the statutes and laws of the State of Georgia, without regard to choice of laws principles, will apply to all matters relating to use of the Website. Zato makes no representation that materials on the Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws.
(b) Notices. All notices to you shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of [-] at [-], if by email, or at Zato North America, Corp. email@example.com if by conventional mail. We may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.