Terms of Use

Please read and review our terms of use.

Last Updated:  MARCH 20, 2017

ACCEPTANCE OF TERMS

This site is owned and operated by ZERGWIRE.com ("ZERGWIRE.com"). By accessing the ZERGWIRE.com website at https://zergwire.com, you are agreeing to be bound by these terms of service in a legal agreement between you ("YOU", "YOUR") and ZERGWIRE.com. YOU are responsible for compliance with any and all applicable international, country, state and/or local laws and regulations. If YOU do not agree with any of these terms, YOU are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

DISCLAIMER

The materials on the ZERGWIRE.com website are provided on an 'as is' basis. ZERGWIRE.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, ZERGWIRE.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

LIMITATIONS

In no event shall ZERGWIRE.com or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the ZERGWIRE.com website, even if ZERGWIRE.com or a ZERGWIRE.com authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to YOU.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless ZERGWIRE.com and its agents, vendors and/or suppliers from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to YOUR use or misuse of the ZERGWIRE.com website, including, without limitation, your violation of these Terms and Conditions, the infringement by YOU, or any other subscriber or user of your account, of any intellectual property right or other right of any person or entity.

PERMITTED USES

You may use the the ZERGWIRE.com website for the sole purpose of sharing and exchanging ideas with other Users. You may not use the the ZERGWIRE.com website to violate any applicable local, state, national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, federal and state securities laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any U.S. laws, rules, and regulations governing the export and re-export of commodities or technical data.

NON-PERMITTED USES

You may not upload or transmit any material that infringes or misappropriates any person's copyright, patent, trademark, or trade secret, or disclose via the the ZERGWIRE.com website any information the disclosure of which would constitute a violation of any confidentiality obligations you may have.

You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the ZERGWIRE.com website's network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the ZERGWIRE.com website.

You are strictly prohibited from communicating on or through the ZERGWIRE.com website any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

You are expressly prohibited from compiling and using other Users' personal information, including addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on the ZERGWIRE.com website, for the purpose of creating or compiling marketing and/or mailing lists and from sending other Users unsolicited marketing materials, whether by facsimile, email, or other technological means.

You also are expressly prohibited from distributing Users' personal information to third-party parties for marketing purposes. The ZERGWIRE.com website shall deem the compiling of marketing and mailing lists using Users' personal information, the sending of unsolicited marketing materials to Users, or the distribution of Users' personal information to third parties for marketing purposes as a material breach of these Terms and Conditions of Use, and the ZERGWIRE.com website reserves the right to terminate or suspend your access to and use of the ZERGWIRE.com website and to suspend or revoke your membership in the consortium without refund of any membership dues paid.

Unauthorized use of Users' personal information in connection with unsolicited marketing correspondence also may constitute violations of various state and federal anti-spam statutes. ZERGWIRE.com reserves the right to report the abuse of Users' personal information to the appropriate law enforcement and government authorities, and ZERGWIRE.com will fully cooperate with any authorities investigating violations of these laws.

USE OF PERSONALLY IDENTIFIABLE INFORMATION

Information submitted to the ZERGWIRE.com website is governed according to the ZERGWIRE.com current Privacy Policy and the stated license of this website.

You agree to provide true, accurate, current, and complete information when registering with the ZERGWIRE.com website. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provides any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and to refuse any and all current and future use of the ZERGWIRE.com website.

Although sections of the ZERGWIRE.com website may be viewed simply by visiting the ZERGWIRE.com website, in order to access some Content and/or additional features offered at the ZERGWIRE.com website, you may need to create an account. If you create an account on the ZERGWIRE.com website, you may be asked to supply your name, address, a username and password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access the ZERGWIRE.com website using your account or username. You grant ZERGWIRE.com and all other persons or entities involved in the operation of the ZERGWIRE.com website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the ZERGWIRE.com website and in the provision of services to you. ZERGWIRE.com cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using website. To learn more about how we protect the privacy of the personal information in your account, please visit our Privacy Policy.

USER SUBMISSIONS

ZERGWIRE.com does not want to receive confidential or proprietary information from YOU through the ZERGWIRE.com website. Any material, information, or other communication you transmit or post ("Contributions") to the ZERGWIRE.com website will be considered non-confidential.

You retain the rights to your copyrighted content and/or information ("YOUR CONTENT") that you submit to the ZERGWIRE.com website except as described below.

By submitting YOUR CONTENT to the ZERGWIRE.com website, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display your YOUR CONTENT in any medium and for any purpose, including commercial purposes, and to authorize others to do so.

You agree that you have the right to submit anything you post, and that your YOUR CONTENT does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party.

We take no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any YOUR CONTENT submitted by you to the ZERGWIRE.com website.

MODERATION

Without advance notice and at any time, we may, for violations of this agreement or for any other reason we choose: (1) suspend YOUR access to ZERGWIRE.com, (2) suspend or terminate YOUR account, and/or (3) remove any of YOUR user content from ZERGWIRE.com.

USER DISCUSSIONS

ZERGWIRE.com may, but is not obligated to, monitor or review any content or areas on the ZERGWIRE.com website where users transmit or post communications or communicate solely with each other. ZERGWIRE.com, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. ZERGWIRE.com and its agents may edit or remove content on the the ZERGWIRE.com website at their discretion at any time.

TERMINATION

These Terms and Conditions of Use are effective until terminated by either party. If you no longer agree to be bound by these Terms and Conditions, you must cease use of the ZERGWIRE.com website. If you are dissatisfied with the ZERGWIRE.com website, their content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using the ZERGWIRE.com website. ZERGWIRE.com reserves the right to terminate or suspend your access to and use of the ZERGWIRE.com website, or parts of the ZERGWIRE.com website, without notice, if we believe, in our sole discretion, that such use (i) is in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where ZERGWIRE.com or its agents have reason to believe that you are in violation of these Terms and Conditions of Use.

WARRANTY DISCLAIMER

THE ZERGWIRE.COM WEBSITE AND ASSOCIATED MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ZERGWIRE.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENTOF INTELLECTUAL PROPERTY. ZERGWIRE.COM MAKES NO REPRESENTATIONS OR WARRANTY THAT THE ZERGWIRE.COM WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE ZERGWIRE.COM WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ZERGWIRE.COM MAKES ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ZERGWIRE.COM WEBSITE. ZERGWIRE.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ZERGWIRE.COM WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE ZERGWIRE.COM WEBSITE.

IN NO EVENT SHALL ZERGWIRE.COM OR ANY OF ITS AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE ZERGWIRE.COM WEBSITE, EVEN IF ZERGWIRE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ZERGWIRE.COM WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. ZERGWIRE.COM SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE ZERGWIRE.COM WEBSITE. YOUR PARTICIPATION IN THE ZERGWIRE.COM WEBSITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZERGWIRE.COM OR THROUGH ITS AGENTS, THEIR EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE THE ZERGWIRE.COM WEBSITE, THAT YOUR USE OF THE ZERGWIRE.COM WEBSITE IS AT YOUR SOLE RISK.

LIABILITY LIMITATION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL ZERGWIRE.COM OR ANY OF ITS AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE THE ZERGWIRE.COM WEBSITE OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE ZERGWIRE.COM WEBSITE OR FOR ANY INFORMATION OBTAINED THROUGH THE ZERGWIRE.COM WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ZERGWIRE.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

ZERGWIRE.COM'S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE ZERGWIRE.COM WEBSITE WILL NOT EXCEED FIVE U.S. DOLLARS ($5.00). USER AGREES AND ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT ZERGWIRE.COM WOULD NOT PROVIDE THE ZERGWIRE.COM WEBSITE ABSENT SUCH LIMITATION.

GENERAL

The ZERGWIRE.com website is hosted in the United States. ZERGWIRE.com make no claims that the Content on the ZERGWIRE.com website is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the ZERGWIRE.com website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The provisions of the UN Convention on Contracts for the International Sale of Goods will not apply to these Terms. A party may give notice to the other party only in writing at that party's principal place of business, attention of that party's principal legal officer, or at such other address or by such other method as the party shall specify in writing. Notice shall be deemed given upon personal delivery or facsimile, or, if sent by certified mail with poschannele prepaid, 5 business days after the date of mailing, or, if sent by international overnight courier with poschannele prepaid, 7 business days after the date of mailing. If any provision herein is held to be unenforceable, the remaining provisions will continue in full force without being affected in any way. Further, the parties agree to replace such unenforceable provision with an enforceable provision that most closely approximates the intent and economic effect of the unenforceable provision. Section headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section. The failure of ZERGWIRE.com to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit ZERGWIRE.com's rights with respect to such breach or any subsequent breaches. Any action or proceeding arising out of or related to this Agreement or User's use of the ZERGWIRE.com website must be brought in the courts of Belgium, and you consent to the exclusive personal jurisdiction and venue of such courts. Any cause of action you may have with respect to your use of the ZERGWIRE.com website must be commenced within one (1) year after the claim or cause of action arises. These Terms set forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties, as to their subject matter. The waiver of a breach of any provision of this Agreement shall not be construed as a waiver of any other or subsequent breach.

LINKS TO OTHER SITES OR MATERIALS

The ZERGWIRE.com website may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. The fact that ZERGWIRE.com offers such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site, its content or the companies or products referenced therein, and ZERGWIRE.com reserve the right to note its lack of affiliation, sponsorship, or endorsement on the ZERGWIRE.com website. If you decide to access any of the third party sites linked to by the ZERGWIRE.com website, you do this entirely at your own risk. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, ZERGWIRE.com cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites, and you hereby irrevocably waive any claim against us with respect to such sites.

NOTIFICATION OF POSSIBLE COPYRIGHT INFRINGEMENT

In the event you believe that material or content published on the ZERGWIRE.com website may infringe on your copyright or that of another, please Contact Us.

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