Terms Of Use

Last Updated: July 3, 2024

Terms of Use

This website is created, owned, and provided by Zasio Enterprises, Inc. (“we” or “Zasio”). This website allows you to engage in a variety of activities related to Zasio’s products and services. These include gathering information, accessing support services, and accessing Zasio blog articles and webinars. This website includes information created and published by Zasio and third parties, including images, graphics, written content, and audio and video (collectively, “Website Materials”).

These Terms of Use (these “Terms”) are the terms under which you may access and use this website. Accordingly, we ask that you please read these Terms carefully.

Acceptance of Terms

These Terms form a legally binding agreement between Zasio and you (either individually or the organization on whose behalf you are entering into these Terms). By accessing or using this website, you acknowledge and accept these Terms. If you do not agree to these Terms, you must not access this website. If you violate any of these Terms, Zasio may terminate your right to access and use this website.

By accessing or using this website, YOU HEREBY CERTIFY THAT YOU ARE OF LEGAL AGE TO ENTER INTO THESE TERMS AND AGREE TO BE BOUND BY THESE TERMS, including the warranty disclaimers, indemnity, and liability limitations below.

These Terms and any Zasio Products and Services

Your purchase of any Zasio products and services require you to enter into a separate agreement. Accordingly, these Terms are in addition to any other agreements you or your organization may have with Zasio.

Zasio May Modify These Terms from Time to Time

We do this to reflect changes to our business, our products and services, applicable law, or for other reasons we think are necessary. Unless legally prohibited, all updates to these Terms will apply as soon as they are posted. To stay up to date on any changes, we recommend you regularly review these Terms. If you do not agree to any changes, you must stop accessing Zasio’s website.

Class Action Waiver

You and Zasio agree that each party is waiving the right to participate in any purported class, collective, consolidated, or representative proceeding, including in any arbitration. The parties may bring claims against the other only in their individual capacities, and not as a plaintiff or a class member in any purported class, collective, consolidated, or representative proceeding.

30-Day Right to Opt Out. You have the right to opt out and not be bound by the class action waiver above by sending written notice to:

• By email to legal@zasio.com
• By mail to PO Box 2089, Eagle, Idaho 83616

Your opt-out notice must be sent within 30 days of the latter of the: (i) effective date of these Terms, or (ii) first date you used this website under any terms containing a class action waiver. All opt-out notices must contain your full name, address, and signature, and include the subject line “Mandatory Class Action Waiver Opt-Out.”

Changes to Class Action Waiver. If we change this class action waiver after the date you first agreed to these Terms or to any subsequent changes, you may reject any such change by providing notice per the above within 30 days of the effective date of such change.

User Restrictions

When accessing this website, you are prohibited from:

1. using any extraction, navigation, or search tools, except for a normal web browser as used by an individual;
2. accessing or attempting to access information not intended for you;
3. disrupting any part of this website, its related servers, or any server, computer, or database connected to this website;
4. except for commercial search engines, using this website in a manner that crawls, scrapes, or spiders any page, data, or portion relating to, this website;
5. attacking this website, such as through any form of denial-of-service (DoS) attack;
6. in excessive communications such as spamming ;
7. using this website to gather information (i) to compete with Zasio, or (ii) for benchmarking or similar purposes; or
8. utilizing this website in any manner that is likely to damage, disable, overburden, impair, or interfere with another party’s use of this website.

Intellectual Property

We own or are the licensee of all intellectual property rights on this website, including all Website Materials. All Website Materials are protected by United States copyright or trademark laws as well as international intellectual property laws and treaties. Use of this website and any Website Materials beyond what is expressly authorized under these Terms is prohibited unless you have first obtained Zasio’s express written consent or, in the case of third-party Website Materials, consent from the Website Materials’ owner. Other than those limited rights expressly granted by these Terms, these Terms and Zasio’s website do not provide you with any intellectual property rights, including any license or right under any copyright, trade secret, patent, or trademark, whether by implication, estoppel, or otherwise.

Assignment of Modifications and Derivative Works

You hereby agree to and do assign to Zasio (and Zasio accepts such assignment) any modifications or derivative works of any Zasio underlying works made by you in violation of these Terms and without any remuneration.

Ownership and Restrictions of Use

This website and all Website Materials are provided for informational and promotional purposes only and may not be copied, reproduced, republished, modified, uploaded, used to prepare derivative works, posted, transmitted, distributed, or otherwise used for any commercial purpose without Zasio’s express prior written consent, except:

• You may download, print, distribute and use pages from this website (including Website Materials) for your informational purposes.
• Any copies of documents or pages from this website must remain unaltered and include the following copyright notice: “© Zasio Enterprises, Inc. All Rights Reserved.”

You may link to this website only if you do not suggest or imply Zasio endorses or is affiliated with you or the site to which this website has been linked.

If you violate any of these Ownership and Restrictions of Use terms, your permission to use the Website Materials will automatically terminate and you must immediately destroy all copies of Website Materials that have resulted from your access and use of this website.

Prohibited Use

You agree not to use this website to publish, upload, post, transmit, or otherwise make available any content that:

1. you do not have the right to make available;
2. is harmful, false, inaccurate, vulgar, obscene, hateful, threatening, abusive, or racially, ethnically, sexually, or otherwise objectionable;
3. infringes on any intellectual property rights;
4. includes any unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, or any other form of solicitation;
5. contains any file or code designed to (i) interrupt, destroy, damage, or limit the functionality of this website, or any computer hardware, software, or other property; or (ii) harvest, collect, or store personal information or data of other users; or
6. violates any applicable laws or regulations.

Links to Third-Party Sites

This website may contain links to third-party websites (“Linked TP Sites”). The Linked TP Sites are made available by third parties and thus are not under Zasio’s control. Accordingly, your access to any Linked TP Sites is at your own risk.

Any Linked TP Sites are only for your convenience. Zasio is not responsible for (and does not endorse) the content or any links in any Linked TP Sites. Your access to any Linked TP Site is governed by the terms of use and other policies under which the Linked TP Site is being provided.

Reliance on Website Materials

THE INFORMATION CONTAINED IN THIS WEBSITE IS FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL OR OTHER PROFESSIONAL ADVICE OR SERVICES. ACCORDINGLY, YOU MUST NOT RELY ON THIS WEBSITE FOR PERSONAL, PROFESSIONAL, LEGAL, FINANCIAL, OR OTHER DECISIONS, AND YOU SHOULD CONSULT THE APPROPRIATE PROFESSIONAL FOR ADVICE TAILORED SPECIFICALLY TO YOUR SITUATION.

Warranty Disclaimer

THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. ZASIO EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER ZASIO NOR ANYONE INVOLVED IN THE CREATION, PRODUCTION, OR DISTRIBUTION OF THIS WEBSITE WARRANT THAT FUNCTIONS CONTAINED IN WEBSITE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ZASIO, THIS WEBSITE, ANY WEBSITE MATERIALS, OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ZASIO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, RELIABILITY, USE OR THE RESULTS OF THE USE OF THIS WEBSITE OR WEBSITE MATERIALS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZASIO, AS WELL AS ZASIO’S SUPPLIERS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR OR RELATED TO (i) LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEBSITE; (ii) DELAY OR INABILITY TO USE THIS WEBSITE OR RELATED SERVICES; (iii) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR RELATED GRAPHICS OBTAINED THROUGH THIS WEBSITE; OR (iv) OTHERWISE ARISING OUT OF THE ACCESS OR USE OF THIS WEBSITE. THESE EXLUSIONS APPLY REGARDLESS OF THE LEGAL THEORY OR THEORY OF RECOVERY  UPON WHICH THEY HAVE BEEN BASED, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ZASIO, OR ANY OF ITS SUPPLIERS, HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.

YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIRS, OR CORRECTIONS RESULTING FROM ANY LOSS OR DAMAGE ARISING FROM THE ACCESS OR USE OF THIS WEBSITE OR WEBSITE MATERIALS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE, WEBSITE MATERIALS, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE AND ALL WEBSITE MATERIALS.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. If any applicable authority holds any portion of this section or these Terms unenforceable, then the liability will be limited to the fullest extent permitted under applicable law.

Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN 1 YEAR AFTER THE CAUSE OF ACTION ACCRUES OR ELSE IT SHALL BE PERMANENTLY BARRED.

Indemnification

Except where prohibited by law, you agree to defend, indemnify, and hold harmless Zasio (including its affiliates, officers, employees, directors, representatives, suppliers, or other agents) from any third-party claims, including all costs and reasonable attorneys’ fees in any way arising out of or in connection with your access or use of this website (including these Terms).

Export Control Laws

Your access and use of this website and all Website Materials must comply with United States export control laws and executive orders. This website and all Website Materials must not be accessed or used by (i) any national or certain countries or groups against which the United States has instituted sanctions; (ii) Specially Designated Nationals; or (iii) any other proscribed persons who are listed on the Denied Parties list.

Information About You

We collect and process information about you in accordance with our Privacy Notice. By providing us with information through your access and use of Zasio’s website, you consent to our processing of this information and represent the information you provide is accurate. You also represent you have lawful grounds to provide us with the information.

User Content License

By submitting content to this website, you hereby grant Zasio a worldwide, royalty-free, non-exclusive, sublicensable, and transferable, license to use, reproduce, distribute, prepare derivative works of, and display the content for Zasio’s internal business purposes.

International Users

Zasio is a company in the United States and our website is based in the United States. When collected through our website, our information is transferred to servers in the United States, and the United States currently does not have uniform data protection laws. If you access or use this website or Website Materials outside of the United States, in addition to these Terms, you are responsible for compliance with the laws and regulations applicable to your jurisdiction.

Severability

If any part of these Terms is held invalid, then the remaining parts shall not be affected.

Applicable Law

Idaho law, without regard to its conflicts of law provisions, shall govern all disputes arising from or related to your access and use of this website, including Website Materials and these Terms (a “Dispute”). An adversarial proceeding to resolve a Dispute must be brought only in the state or federal courts in Ada County, Idaho and you agree either of these courts would be a convenient forum.