THE ONE AND ONLY CORPORATION

 

TERMS AND CONDITIONS OF USE

 

Please read the following Terms and Conditions of Use (the "Terms") carefully before using any products, services, websites or mobile applications of The One and Only Corporation, brand name Zeer℠ ("we", "us", or "our"), including, but not limited to, the website located at www.zeersafe.com (the "Site"), our mobile application (the "Mobile App"), or any related tools, applications, data, software and other services provided by The One and Only Corporation currently or in the future (collectively, the "Web Properties"). 

 

By accessing or using the Web Properties, you agree to the following Terms.  If you do not agree to any portion of these Terms, you should not access or otherwise use the Web Properties. 

 

You should review these Terms regularly as they may change at any time in the sole discretion of The One and Only Corporation.  If you do not agree to any portion of these Terms, you should not access or otherwise use the Web Properties.  "Content" refers to any data, comments, suggestions, feedback, information, text, software, sounds, photographs, audio, audiovisual, video, documents, images, logos, artwork, graphics, designs, messages and other materials of any nature.

 

1.       SITE USE AND CONTENT.  You may view, copy or print pages from the Web Properties solely for personal, non-commercial purposes.  You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Web Properties without the express, prior, written consent of The One and Only Corporation.  At any time, we may, without further notice, make changes to the Web Properties, to these Terms and/or to the services that we provide.  We will make an effort to update this page with any changes to these Terms and/or to the services that we provide.

 

2.        USER ACCOUNT, PASSWORD AND SECURITY. 

 

            (a)      USER ACCOUNT.  For certain types of features available through the Web Properties, we require the use of encryption technologies provided for your protection and/or your use of a User ID and password after setting up a User Account.  We use reasonable precautions to protect the privacy of your User ID, password and User Account information by utilizing a Secure Socket Layer ("SSL") connection.  Accordingly, your User ID, password and User Account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Web Properties.  You, however, are ultimately responsible for protecting your User ID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies.  You agree to immediately notify The One and Only Corporation of any unauthorized use of your User ID, password or User Account, or any other breach of security.  While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the internet is secure, or that such transmissions are free from delay, interruption, interception or error.

 

            (b)      ACCURATE INFORMATION.  In creating and using your User Account for the Web Properties, you agree to: 

(i) provide true, accurate, current and complete information about yourself on any registration form required to use any         

service available on or through the Web Properties (such information being the "Registration Data"); and (ii) maintain and   

promptly update the Registration Data to keep it true, accurate, current and complete.  If you provide any information that is

untrue, inaccurate, not current or incomplete, or if The One and Only Corporation has reasonable grounds to suspect that 

such information is untrue, inaccurate, not current or incomplete, then we have the right to suspend or terminate your User 

Account and refuse any and all current or future use of your User Account. 

 

           (c)      NON-TRANSFERABILITY OF USER ACCOUNT.  User Accounts and User IDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Web Properties with their User ID and password.

 

3.       DISCLAIMERS

 

            (a)      NO WARRANTIES.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB PROPERTIES IS AT YOUR SOLE RISK.  THE WEB PROPERTIES AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.  THE ONE AND ONLY CORPORATION MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEB PROPERTIES OR ANY SERVICES PROVIDED ON, THROUGH OR IN CONNECTION WITH THE WEB PROPERTIES ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE PAGES IN THE WEB PROPERTIES OR THE SERVERS USED IN CONNECTION WITH THE WEB PROPERTIES ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.  THE ONE AND ONLY CORPORATION DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB PROPERTIES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE ONE AND ONLY CORPORATION WILL HAVE ADEQUATE CAPACITY FOR THE WEB PROPERTIES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.  UNLESS THE ONE AND ONLY CORPORATION OTHERWISE AGREES IN A WRITING SIGNED BY AN AUTHORIZED OFFICER OF THE ONE AND ONLY CORPORATION, THE ONE AND ONLY CORPORATION'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICE OR PRODUCT PROVIDED ON OR THROUGH THE WEB PROPERTIES WILL BE THE REFUND OF THE FEES THAT YOU PAID TO THE ONE AND ONLY CORPORATION DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE ON WHICH YOUR CLAIM AROSE. 

 

            (b)      INDEMNIFICATION.  You agree to defend, indemnify and hold harmless The One and Only Corporation and its directors, officers, employees and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys' fees) assessed or incurred by The One and Only Corporation, directly or indirectly, with respect to or arising out of:  (I) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; and/or (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties.

 

4.       LIMITATION OF LIABILITY.  THE ONE AND ONLY CORPORATION'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEB PROPERTIES AND/OR ANY PRODUCTS OR SERVICES PROVIDED ON, THROUGH OR IN CONNECTION WITH THE WEB PROPERTIES WILL BE THE CANCELLATION OF YOUR USER ACCOUNT.  IN NO EVENT WILL THE ONE AND ONLY CORPORATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEB PROPERTIES AND/OR ANY PRODUCTS OR SERVICES PROVIDED ON, THROUGH OR IN CONNECTION WITH THE WEB PROPERTIES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEB PROPERTIES AND/OR ANY PRODUCTS OR SERVICES PROVIDED ON, THROUGH OR IN CONNECTION WITH THE WEB PROPERTIES.  BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE ONE AND ONLY CORPORATION'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. 

 

5.       PRIVACY.  Personal information that you provide about yourself will be handled in accordance with The One and Only Corporation's Privacy Policy [www.zeersafe.com/privacy-policy]. Children under the age of thirteen (13) are prohibited from submitting any personally identifiable information.  Parents of minors have authority to input personal information about their child to utilize our services.  If we learn that a user under the age of thirteen (13) is publicly posting or sharing personally identifiable information on or through the Web Properties, then we will use commercially reasonable efforts to block that user from using the Web Properties.

 

6.       THIRD-PARTY CONTENT.  The One and Only Corporation may provide hyperlinks to other websites maintained by third parties, or The One and Only Corporation may provide third party content in the Web Properties by framing or other methods.  THE LINKS TO THIRD-PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY.  THE CONTENT ON ANY LINKED WEB PROPERTIES IS NOT UNDER THE ONE AND ONLY CORPORATION'S CONTROL AND THE ONE AND ONLY CORPORATION IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITE, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD-PARTY WEBSITE.  IF YOU DECIDE TO ACCESS ANY OF THE THIRD-PARTY WEBSITES LINKED TO THE WEB PROPERTIES, YOU DO SO ENTIRELY AT YOUR OWN RISK. 

 

7.       COPYRIGHT AND TRADEMARKS.  The One and Only Corporation is the copyright owner or authorized licensee of all text and all graphics contained in the Web Properties.  The trademarks, service marks and logos used and displayed in the Web Properties are The One and Only Corporation's, or its subsidiaries' or affiliates', registered and unregistered trademarks.  All trademarks and service marks of The One and Only Corporation, or its subsidiaries or affiliates, that may be referred to in the Web Properties are the property of The One and Only Corporation, or one of its subsidiaries or affiliates.  Other parties' trademarks and service marks that may be referred to in the Web Properties are the property of their respective owners.  Nothing in the Web Properties should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of The One and Only Corporation's, or its subsidiaries' or affiliates', trademarks, service marks or copyrights without The One and Only Corporation's prior written permission.  The One and Only Corporation aggressively enforces its intellectual property rights.  Neither the name of The One and Only Corporation, its subsidiaries or affiliates, nor any of The One and Only Corporation other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Web Properties or otherwise, without The One and Only Corporation's prior written permission.

 

8.       SUBMISSIONS.  Unless you enter into a separate written agreement with The One and Only Corporation, The One and Only Corporation does not claim ownership in any videos, information, software, photos, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles, stories about yourself, or any other content of any kind whatsoever, including, but not limited to, postings in chat rooms, on bulletin boards or otherwise that you upload or post to the Web Properties or that you otherwise submit to Zeer (collectively, the "Submissions").  You represent to The One and Only Corporation that you have the right to submit any Submissions to The One and Only Corporation on or through the Web Properties. The One and Only Corporation will not release or distribute any Submissions to any third party, including, but not limited to, law enforcement, without your consent, unless we are required to do so by law, court order or other legal process. 

 

9.       TERMINATION OF SERVICE.  We may terminate your account or right to access secured portions of the Web Properties at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Web Properties, to The One and Only Corporation, to its partners, to the business of the website's service provider, or to other information providers. 

 

10.      GOVERNING LAW.  These Terms will be governed by the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of laws.  By using or accessing the Web Properties, you agree that any action at law or in equity arising out of or relating to your use of the Web Properties or these Terms will be filed only in the state or federal courts sitting in Philadelphia, Pennsylvania, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

 

11.      LOCAL LAWS.  The One and Only Corporation makes no representation that content or materials in the Web Properties are appropriate or available for use in jurisdictions outside the United States, or that the use of our services is lawful in all jurisdictions.  Access to the Web Properties and use of our services from jurisdictions where such access is illegal is prohibited.  If you choose to access the Web Properties or use our services from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws.  The One and Only Corporation is not responsible for any violation of law.  You may not use or export any content or materials in the Web Properties in violation of U.S. export laws and regulations.  You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).

 

12.      PROHIBITED USES. You may use the Service only for lawful purposes and in accordance with these Terms of Use. You must not use the Service: In any way that violates any applicable federal, state, local, or international law or regulation (including any laws regarding the export of data or software to and from the US or other countries); For engaging in activity that will compromise the safety and privacy of others, including eavesdropping, recording, or streaming video of third-party bystanders; To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or that, as determined by Us, may harm the Company or users of the Service or expose them to liability

 

13.      CUSTOMER COMMENTS.  We welcome the submission of comments, information or feedback through the Web Properties.  By submitting information through the Web Properties, you agree that the information submitted will be subject to The One and Only Corporation's Privacy Policy [www.zeersafe.com/privacy-policy].

 

Your Consent To This Agreement

 

By accessing and using the Web Properties, you consent to and agree to be bound by the foregoing Terms.  If we decide to change these Terms, we will make an effort to post those changes on this page so that you will always be able to understand the terms and conditions that apply to your use of the Web Properties and our services.

 

If you have additional questions or comments of any kind, or if you see anything in the Web Properties that you think is inappropriate, please let us know by email [[email protected]] or by sending your comments to:

 

The One and Only Corporation 

303 Park Heights Blvd 

Hanover, PA 17331

[email protected]

www.zeersafe.com 

Copyright © 2020.  The One and Only Corporation.  All Rights Reserved.

Effective as of: ____November 9, 2020

Last updated: ____  November 8, 2020