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Legal Notice
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.
Terms of use
The website www.zatonorthamerica.com (the “Website”) is provided by Zato North America, Corp. (hereinafter referred to as “Zato”, “we”, “our” or “us”). The terms, conditions, and notices contained or referenced herein tells you the terms on which you make use of the Website (the “Terms of Use”) whether as a guest or a registered user. Please read the Terms of Use carefully.
Article 1. Acceptance of the Terms of Use and User’s Acknowledgment.
(a) Acceptance of the Terms of Use. By accessing the Website, you agree to be bound by the Terms of Use.
(b) Changes of the Terms of Use. We reserve the right to add to, delete, or change the Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Terms of Use from time to time and to familiarize yourself with any amendments. Your continued use of the Website after such amendments shall constitute acknowledgement of the modified Terms of Use. If you do not agree to or abide by any or all of the terms stated herein at any time, please discontinue your use of the Website.
(c) Website. We reserve the sole right to either stop, modify or discontinue the Website, including any of the sites features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to the Terms of Use.
(d) Membership Termination. We may at any time, and at our sole and absolute discretion, terminate your membership, account, or other affiliation with the Website without prior notice to you for any reason, including, without limitation, breach of the Terms of Use. Further, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating any suspected criminal violations. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on the Website immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of, relating to, or connected with, any termination or suspension or any other actions taken by us in connection with such termination or suspension.
(e) Privacy Policy. All information we collect on the Website is subject to our privacy policy (the “Privacy Policy”). By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
(f) Access to the Website. You are solely responsible for making all arrangements needed for you to have access to the Website, ensuring that all persons who access the Website through your internet connection are aware of the Terms of Use, and that they fully comply with them. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
(g) Account Security. You are solely responsible for maintaining the confidentiality of your username and password and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that no third parties gain access to your username and password. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of the Terms of Use.
Article 2. Restrictions.
(a) General Restrictions. You may not use the Website for any purposes other than those intended by Zato, as determined in accordance with the Terms of Use. By using the Website, you agree that you will not: (i) use the Website in any way that violates any applicable local, federal or international law or regulation; (ii) do or attempt to do anything that could, whether directly or indirectly, disable, overburden, damage, or impair the Website or interfere with any Website’s users; (iii) co-brand or frame the Website, directly or indirectly, without the express prior written permission of an authorized representative of Zato; (iv) monitor, gather or copy any material or service included on the Website such as text, graphics, logos, videos, images, photographs, audio clips, sounds, music, digital downloads, data compilations or software (hereinafter, severally and jointly referred to as the “Content”); (v) engage in any activities that seek to attempt to harm minors; (vi) use your account to breach security of another account or attempt to gain unauthorized access to another network or server; (vii) interfere with anyone’s use and enjoyment of the Website; and/or (viii) use or try to use any robot, spider or other automatic device, process or means to access the Website for any unlawful purpose or in violation of the Terms of Use.
(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.
(a) Proprietary Information. You should assume that all Content is proprietary information protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Zato and/or Zato’s owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, including, without limitation, all parties involved in creating, producing, and/or delivering this site and/or its contents (the “Affiliates”). Nothing posted on the Website grants any license to any intellectual property rights, whether by implication, estoppel or otherwise. You are only permitted to use the Content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, in whole or in part, any Content, in any form or by any means or manners, without the prior written permission from us or the specific content provider, and you are solely responsible for obtaining such permission before reusing any copyrighted material that is available on the Website. Any unauthorized use of the Content or any other materials appearing on the Website, may violate copyright, trademark and other applicable laws and/or regulations, and could result in criminal or civil penalties. If you print off, copy or download any or part of the Content in breach of the Terms of Use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, the Website will not infringe the rights of third parties.
(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. info@zatonorthamerica.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.
(c) Contact Information. Except as explicitly noted, the services available through the Website are offered by Zato North America Corp located at 1100 South Tower, 225 Peachtree Street NE, Atlanta GA 30303. Our telephone number is +1 706 710 8845. If you notice that any user is violating the Terms of Use, please contact us at info@zatonorthamerica.com.
(d) Other Agreements. The Terms of Use apply exclusively to your access to, and use of, the Website and do not alter in any way the terms or conditions of any other agreement you may have with Zato for products, services or otherwise.
(e) Severability. If any provision of the Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
(f) No Waiver. Any failure by Zato to enforce or exercise any provision of the Terms of Use or related rights shall not constitute a waiver of that right or provision.
(g) Entire Agreement. The Terms of Use sets forth the entire understanding and agreement between you and us with respect to the subject matter and supersedes, terminates and replaces any previous agreement, whether written or oral, entered into by the you and us with respect to the Website.
