Website Terms of Use
1. Acceptance of These Terms
This website, www.zerobreak.io (the "Site," including all subdomains), is acopyrighted work belonging to ZeroBreak Design LLC ("we," "us," and "our"). These terms ofservice (the "Terms ") govern your access to and use of the services available on this Site (the"Services"). Specific features of the Site may have additional rules and terms associated withthem, and such additional rules and terms will be prominently posted or otherwise madeavailable to each user ("you" and "your," including any entity you represent) and areincorporated herein by reference.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONSTITUTE A BINDINGLEGAL AGREEMENT BETWEEN YOU AND ZEROBREAK DESIGN LLC. BY USINGTHIS SITE AND THE RELATED SERVICES YOU UNCONDITIONALLY AGREE TO BEBOUND BY THESE TERMS, INCLUDING ALL EXCLUSIONS AND LIMITATIONS OFLIABILITY HEREIN, AND WARRANT THAT YOU HAVE FULL AUTHORITY ANDCAPACITY, LEGAL AND OTHERWISE, TO USE THE SERVICES. YOU MAY NOTACCESS OR USE THIS SITE OR THE SERVICES IF YOU DO NOT AGREE TO ANY PARTOF THESE TERMS.
THESE TERMS LIMIT THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTEAND REQUIRE THAT ALL DISPUTES BE RESOLVED THROUGH BINDINGARBITRATION. THIS MEANS THAT YOU AGREE TO RESOLVE DISPUTESINDIVIDUALLY ACCORDING TO THE ARBITRATION PROVISIONS BELOW RATHERTHAN IN A COURT OF LAW OR THROUGH A CLASS ACTION LAWSUIT.
If you are under 18 [eighteen] years of age, but no less than 13 [thirteen], you may use the Siteonly if you obtain prior parental or guardian consent or are an emancipated minor.
2. License to Use Website
This Site primarily operates as a(n) for-profit business website. Subject to these Terms, you aregranted a personal, worldwide, non-transferable, non-exclusive, royalty-free, limited license touse and access the Site. You must use this license only in the manner permitted by these Termsfor the sole purpose of using and enjoying the benefit of the Services provided by the Site.
3. Advertisements
The Services provided may include advertisements, some of which may be targeted based on thetype of information on the Site, queries made, or other information, whether submitted by you orothers. The types and amount of advertising on the Site or through the Services is subject tochange.
4. Cookies
This website uses cookies. Cookies store information related to visitors' preferences, browsertype, and other information in order to optimize their experiences. By using this Site youacknowledge your understanding of and consent to ZeroBreak Design LLC's use of cookies. Youmay delete cookies already on your computer by consulting the instructions for your filemanagement software. You may also disable future cookies in your browser settings. Please note,however, that disabling cookies may prevent or impair your ability to access and fully make useof certain Services and areas of the Site.
You also acknowledge that websites such as Google and other third-party vendors to our Sitemay use DART cookies to provide add-ons to our Site based upon visitors visiting our Site andother websites. Visitors may decline the use of DART cookies by visiting the Google ad andcontent network Privacy Policy at the following URL: http://www.google.com/privacy_ads.html.
5. Acceptable Use Policy
By using this Site you agree to use the Services in compliance with these Terms and allapplicable rules and regulations, including the local, state, national, and international laws thatapply to your jurisdiction. We are based in Nevada, United States. This Site is meant for use bypersons within the United States. It may be illegal for certain persons to use the Site in somecountries. We make no claim that the Site will be legal or accessible outside of the United States.Subject to these Terms, you may view, print, and use our content and Services as permitted onthe Site and only for your own personal, non-commercial use. You further agree andacknowledge that your use of this Site and the Services results in you sending electronicinterstate transmissions through our computer network, and such transmissions may include, butare not limited to, any searches, file uploads, posts, instant messages, or emails.
The following uses of the Site are prohibited unless we have intended to provide you with accessor have provided you express written permission to the contrary:
a. Using the Site in a manner that causes, or may cause, damage to the Site or in a waythat impairs visitors' abilities to access or use the Site and Services, including using theSite in a manner or for a purpose that is unlawful or fraudulent;
b. Using the Site in order to copy, store, upload, publish, use, transmit, host, or distributeanything consisting of or linked to any computer virus, spyware, rootkit, worm,keystroke logger, or other malicious computer software or software that may destroy,damage, or alter a computer system;
c. Conducting any systematic or automated data collection on or related to the Site or itsusers without their consent, including, without limitation, data mining, data extraction,scraping, data harvesting, "framing," or article "spinning";
d. Using the Site to collect, harvest, or compile information or data regarding other usersof the Site without their consent;
e. Using software or automated agents or scripts to generate automated searches,requests, or queries on the Site or to mine data from the Site, provided, however, thatoperators of public search engines have our revocable permission to copy materials fromthe Site for the sole purpose of and only to the extent necessary for creating publicsearch indices, but not caches or archives of such materials, according to the parametersin our robots.txt file;
f. Transmitting or sending unsolicited communications, commercial or otherwise, orconducting any marketing activities, including using the Site to send spam, pyramidschemes, or chain letters;
g. Republishing (including on another website), duplicating, copying, redistributing,selling, leasing, transferring, hosting, renting, or licensing any part of the Site orotherwise commercially exploiting content, whether in whole or in part, on the Site;
h. Editing, modifying, making derivative works of, reverse engineering, or reversecompiling any information, content, systems, or Services on the Site;
i. Accessing the Site in order to create a similar or competitive business, product,service, or website;
j. Collecting, transmitting, distributing, uploading, or displaying any content orotherwise using the Site in a manner that (i) violates the rights of any third party,including any intellectual property rights or rights to privacy, (ii) is unlawful, tortious,threatening, vulgar, defamatory or libelous, pornographic, obscene, patently offensive,racist, or promotes physical harm or injury, (iii) causes or may cause harm to minors inany way, or (iv) impersonates another individual or organization or otherwisemisrepresents affiliation with another person or entity without permission;
k. Interfering with, disrupting, or overburdening servers or networks connected to theSite;
l. Gaining or attempting to gain unauthorized access by any means to any part of the Siteor to computers or networks connected to the Site; and
m. Harassing, stalking, harming, or otherwise interfering with or negatively affectinganother user's normal use and enjoyment of the Site.
6. International Use and Compliance
Due to the global nature of the internet, you understand and agree that it is your responsibility toensure that your use of the Site complies with all local, international, and other laws that mayapply. In addition, United States import and export control laws and the import regulations ofother countries may apply to the use of the Site. You agree not to export, upload, post, or transfer,directly or indirectly, any software, technical data, or technology acquired through us, the Site, orthe Services in violation of such export or import laws, including, but not limited to, the UnitedStates Export Administration Regulations (EAR) and the various United States sanctionsprograms.
7. Minors
We do not knowingly collect personal information or data from visitors under 13 years of age.You may not use this site if you are under the age of 13 [thirteen].
8. User Accounts
Visitors to the Site are permitted to create user accounts or profiles. Upon registering for ourServices, you are considered a "Member" of the Site. You represent that all information yousubmit when creating an account is true and accurate, and you promise to update and maintainthe accuracy of this information at all times. Each Member is the sole authorized user of his orher account. Members are responsible for keeping their passwords and account accessinformation confidential. Therefore, you should take measures to restrict access to your accountand to any devices from which you access your account. As a Member, you are responsible forall activities that occur under your account, and you acknowledge that ZeroBreak Design LLC isnot responsible for unauthorized access to your account that results from theft ormisappropriation of your account or password. Members are prohibited from assigning orotherwise transferring their accounts and passwords to others. You must notify us immediately ifyou know of or suspect that an unauthorized use or other breach of security of your account orthe Site has occurred. We may not be held liable for any loss or damage that may arise from yourfailure to maintain the security of your account. You may delete your account at any time and forany reason by following the instructions on the Site. We retain the right to suspend or terminateyour account at any time and for any reason, as further detailed below.
9. User Content
"User Content" means any material that you or other visitors submit or transmit in any mannerto the Site for any purpose, whether publicly posted or privately transmitted, and includes, but isnot limited to, any text, images, audio material, video material, and audio-visual material. ThisSite and the Services it provides may include multiple ways of submitting User Content,including, for example, through use of forums, chats, online bulletin boards, and similar toolsthat allow visitors to communicate with others or submit content. Unless we indicate thatparticular User Content you submit will be kept confidential, your User Content may be madeavailable for other visitors to view on the Site or through third-party services. You herebyrepresent and warrant that the User Content you submit does not violate our Acceptable UsePolicy stated herein.
You are prohibited from submitting any User Content that is illegal, unlawful, or infringes on thelegal rights of any third party. Furthermore, you may not submit User Content that has ever beenthe subject of any actual or threatened legal proceedings or any User Content that may give riseto a legal action under any applicable law, whether against you, us, or a third party.
You agree that you are solely responsible for any consequences that may result from submittingUser Content, including use of the User Content by other visitors of the Site and by our third-party partners. Unless we indicate that particular User Content you submit will be keptconfidential, your User Content may be distributed, published, broadcast, or syndicated by us orour third-party partners. You may be subject to liability if you submit User Content without theauthority to do so.
We do not monitor the submission or publication of User Content on the Site and are notresponsible for the User Content. We do not endorse or support any User Content or the opinionscontained therein and do not guarantee the truthfulness, accuracy, suitability, or reliability of anyUser Content or other communications submitted or published on the Site. You agree that we arenot responsible for any loss or damage you may incur as a result of interacting with others on theSite, and we are under no obligation to become involved in any such disputes. You may notrepresent that we have provided, endorsed, or supported the User Content you submit. Your useor reliance on any User Content is at your own risk. You assume all risks associated with theUser Content you submit, including any reliance on the User Content and the risk of disclosureof the User Content that may identify you personally to a third party. You understand and acceptthat by using the Services or Site you may be exposed to User Content that is offensive,inaccurate, deceptive, harmful, or otherwise inappropriate.
User Content may be subject to specific rules and limitations we post or communicate to you from time to time. You agree to only submit User Content conforming to such rules andlimitations.
We may remove, edit, or delete any User Content submitted, hosted, or stored on the Site or ourservers without providing you with prior notice. We are not obligated to store or back up anyUser Content. Therefore, you are responsible for creating backup copies of any User Content youwish to keep.
Under no circumstances may ZeroBreak Design LLC be held liable in any way for any UserContent, including, but not limited to, for any errors or omissions in the User Content or for anyloss or damage of any kind that may occur as a result of any User Content submitted, published,or otherwise made available on the Site, Services, or elsewhere.
10. User Content License
By submitting User Content you grant ZeroBreak Design LLC an irrevocable, non-exclusive,royalty-free and fully paid, worldwide license (with right to sublicense) to use, publish, copy,adapt, modify, process, reproduce, transmit, distribute, translate, publicly and privately displayand perform, incorporate into other works, prepare derivative works of, bring actions forinfringement of, and otherwise use and exploit your User Content in any and all media ordistribution methods now known or later developed. This license includes the right to provide theUser Content to our third-party partners for distribution, publication, syndication, and broadcaston other media, devices, and services subject to our terms and conditions for the use of such UserContent. Furthermore, you irrevocably waive any claims of moral rights or attribution regardingyour User Content. You represent and warrant that you have all rights, power, and authority togrant all the rights pertaining to User Content as stated in these Terms.
This means that you will always maintain ownership of the User Content you submit. However,we have the right to display the User Content and make various changes to it as are necessary inproviding our Services and to conform to the needs of different media, devices, services, andcomputer networks. At no time will you be entitled to any compensation for this license.
11. Enforcement of Acceptable Use Policy
We reserve the right to review and investigate your use of the Site and to take any appropriateaction against you that we determine is necessary in our sole discretion should you violate theseTerms or otherwise create liability, loss, or damage for us, our Site visitors, or a third party. Suchaction may include, but is not limited to, restricting your account privileges or terminating youraccount, initiating proceedings to recover any losses and reporting you to law enforcementauthorities.
12. Third-Party Resources
The Site may contain links and advertisements to third-party websites and services (collectively,"Third-Party Resources"). You agree and acknowledge that Third-Party Resources are notunder our control and we are not responsible for the content, products, or services they provide.We provide access to Third-Party Resources only as a convenience to you and do not monitor,endorse, warrant, or make any representations regarding Third-Party Resources. It is your soleresponsibility to exercise appropriate caution and discretion when using Third-Party Resources,and you acknowledge that you assume all risks that arise from such use.
13. Modification of Site
We reserve the right to modify, add to, suspend, or terminate all or part of the Site or Services atany time with or without providing prior notice to you. This includes the right to create limits onour visitors' use of Services and data storage. You agree that we are not liable for using orenforcing the rights stated in this paragraph. Unless we indicate otherwise, any futuremodifications to the Site are subject to these Terms.
14. Support or Maintenance
Although we may choose to provide customer support or website maintenance, you acknowledgeand agree that we are under no obligation to do so.
15. Restricted Access
Some parts of the Site may be restricted to certain visitors. If you have permission to accessrestricted parts of the Site, you agree to not share your access information and password withthird parties. We may change the restricted parts of the Site from time to time. If you do not haveaccess to restricted parts of the Site, you agree not to use another user's account to gain suchaccess or otherwise attempt to gain improper access to the restricted parts of the Site.
16. Privacy
We manage the collection, use, and security of your personal information according to our Privacy Policy, incorporated herein by reference. By using this Site you consent to our collectionand use of your personal information as set forth in the Privacy Policy.
At times we may need to send you communications related to the Site or the Services. Suchcommunications are considered part of the Services, and you may not be able to opt out ofreceiving them.
We reserve the right to access and disclose the information and User Content you submit to theSite if required to do so by law or if we have a reasonable, good-faith belief that doing so isnecessary for (i) responding to requests for customer service, (ii) addressing fraud, security, ortechnical issues, (iii) protecting the rights, property, and safety of ZeroBreak Design LLC, itsusers, and the public, (iv) responding to legal claims and processes, or (v) enforcing these Terms,including investigating potential violations.
17. ZeroBreak Design LLC Rights and Ownership
Unless otherwise stated, ZeroBreak Design LLC and its permitted licensors own all intellectualproperty rights in the Site and its contents, excluding User Content. These rights include, but arenot limited to, ownership of all text, graphics, images, logos, copyrighted material, trademarks,patents, software, and other distinctive brand features displayed on the Site or Services, includingthe compilation of any of the foregoing items. Except for the limited rights granted by theseTerms, neither these Terms nor your use or access to the Site give you or any third party anyintellectual property rights. We reserve all rights not explicitly granted by these Terms, which donot grant any implied licenses. All copyrights, trademarks, and other intellectual property noticeson the Site or Services must be retained on all copies thereof. You may not publish, reverseengineer, modify, distribute, transmit, sell, create derivative or plagiaristic works of, or use orexploit for any commercial reason, whether in whole or in part, any of the content on the Site orServices other than your own User Content without our express prior written consent or theconsent of any third-party owners of the content. Site content is not for resale under anycircumstances.
18. Copyright Policy
We expect you to respect the intellectual property rights of others when using the Site andServices. We will respond to any notices of copyright infringement that we receive that complywith applicable law and are properly submitted to us (pursuant to 17 U.S.C. 512(c)). In order tosubmit a notice of infringement of your copyrighted material, please provide us with thefollowing information:
a. A physical or electronic signature of the copyright owner or a person authorized to acton their behalf;
b. Identification of the copyrighted work or works claimed to have been infringed;
c. Identification of the material that is claimed to be infringing or to be the subject ofinfringing activity and that is to be removed or access to which is to be disabled, andinformation reasonably sufficient to permit us to locate the material;
d. Your contact information, including your address, telephone number, and an emailaddress, if available;
e. A statement by you that you have a good-faith belief that use of the material in themanner complained of is not authorized by the copyright owner, its agent, or the law;and
f. A statement that the information in the notification is accurate, and, under penalty ofperjury, that you are authorized to act on behalf of the copyright owner.
We may remove any content that is alleged to be infringing at our sole discretion without priornotice and without liability to you. We also reserve the right to take other appropriate actionagainst infringers, such as terminating the user's account if the user is determined to be a repeatinfringer. Please send any notice of alleged copyright infringement to our designated copyrightagent at the following address:
ZeroBreak Design LLC
Attn: Copyright Agent 1887
Whitney Mesa Dr 8876
Henderson, Nevada 89014
Note that pursuant to 17 U.S.C. 512(f), any material misrepresentation in a written notificationthat content is infringing or that allegedly infringing content was removed by mistake ormisidentification automatically subjects the complaining party to liability for damages, includingcosts and attorney's fees incurred by the alleged infringer, by any copyright owner or copyrightowner's authorized licensee, or by us, if injured by such misrepresentation.
19. Disclaimer
THIS SECTION ONLY APPLIES TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LAW. THE SITE IS PROVIDED TO YOU ON AN "AS-IS" AND "ASAVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIESWITH REGARD TO THE CONTENT PROVIDED ON THE SITE. WE, OURSUBSIDIARIES, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES,PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS EXPRESSLY DISCLAIM ANYAND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS,IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIETENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. THIS INCLUDES, WITHOUTLIMITATION TO THE FOREGOING, NO WARRANTY THAT THE SITE, ITS CONTENT,OR THE SERVICES WILL BE CONSTANTLY AVAILABLE OR AVAILABLE AT ALL,UNINTERRUPTED, USEFUL, TRUE, ACCURATE, NON-MISLEADING, TIMELY,
RELIABLE, COMPLETE, ERROR-FREE, FREE OF OMISSIONS, SECURE, FREE OFVIRUSES OR OTHER HARMFUL CODE, LEGAL, OR SAFE. NO INFORMATION,WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SITE ORSERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOUR USE OF THIS SITE AND THE SERVICES IS AT YOUR SOLE RISK AND WEASSUME NO RESPONSIBILITY FOR HARM TO YOUR COMPUTER SYSTEM, LOSS OFDATA, THE DELETION OF INFORMATION YOU TRANSMIT ON THE SITE, OR THEDELETION OR FAILURE TO STORE OR TRANSMIT USER CONTENT ORPERSONALIZATION SETTINGS THAT MAY RESULT FROM YOUR ACCESS TO OR USEOF THE SITE AND SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS ANDCAUSES OF ACTION THAT MAY CAUSE DAMAGE TO YOUR COMPUTER ORINTERNET ACCESS.
THIS SITE AND ITS CONTENTS ARE PROVIDED FOR INFORMATIONAL PURPOSESONLY. NOTHING ON THIS SITE CONSTITUTES, IS MEANT TO CONSTITUTE, OR MAYBE USED AS ADVICE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LEGAL,FINANCIAL (INCLUDING TRADING OR INVESTMENT PURPOSES), OR MEDICALADVICE. WE ENCOURAGE YOU TO CONSULT THE APPROPRIATE PROFESSIONALSHOULD YOU REQUIRE LEGAL, FINANCIAL, MEDICAL, OR OTHER PROFESSIONALADVICE.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE,ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROMTHE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIEDWARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOMEJURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIEDWARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVEWHICH MAY NOT BE LAWFULLY LIMITED.
20. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZEROBREAKDESIGN LLC, INCLUDING ITS SUBSIDIARIES, OFFICERS, EMPLOYEES,CONTRACTORS, AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS,MAY NOT BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS ORREVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OFDATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i)
YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii)THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES; (iii) ANY CONDUCTOR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUTLIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHERUSERS OR THIRD PARTIES; (iv) ANY CONTENT OBTAINED FROM THE SERVICES; (v)UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS ORCONTENT; OR (vi) OTHER MATTERS RELATED TO THE SITE OR SERVICES. THESELIMITATIONS APPLY EVEN IF WE HAVE BEEN EXPRESSLY ADVISED OF THEPOTENTIAL LOSS OR LIABILITY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NOEVENT MAY OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONEHUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID US, IF ANY, INTHE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THEEXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOUAGREE THAT OUR AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, AND LICENSORSWILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO YOURUSE OF THE SITE OR SERVICES. YOU FURTHER AGREE NOT TO BRING ANY CLAIMPERSONALLY AGAINST OUR SUBSIDIARIES, OFFICERS, EMPLOYEES,CONTRACTORS, AGENTS, AFFILIATES, PARTNERS, SUPPLIERS, OR LICENSORS.
THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OFLIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE),WARRANTY, STATUTE, OR OTHERWISE.
NOTE THAT SOME JURISDICTIONS PROHIBIT THE LIMITATION OR EXCLUSION OFLIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORETHE LIMITATIONS AND EXCLUSION ABOVE MAY NOT APPLY TO YOU. THEFOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED ORLIMITED UNDER APPLICABLE LAW.
21. Indemnity
You agree to indemnify, defend, and hold harmless ZeroBreak Design LLC and its subsidiaries,officers, employees, contractors, agents, affiliates, partners, suppliers, and licensors, including,but not limited to, costs and attorney's fees, from any claim or disputes by a third party arisingout of your use of the Site, violation of these Terms, violation of applicable law, or your posting,modifying, or otherwise transmitting User Content through the Site or Services. We reserve theright, at your expense, to assume exclusive control over the defense of any claim or dispute forwhich you must indemnify us. You agree to cooperate fully with us in defending such claims ordisputes, and you agree not to settle any such claims or disputes without our prior writtenconsent. We will make a reasonable effort to provide you with notice of any such claim ordispute once we receive notice.
22. Release
In the event you have a dispute arising out of, directly or indirectly, these Terms or your use ofthe Site or Services, you hereby release and forever discharge us, including our subsidiaries,officers, employees, contractors, agents, affiliates, partners, suppliers, and licensors, from allrelated claims, actions, demands, disputes, damages, and liabilities, whether past, present, orfuture. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIACIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICHSTATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THECREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THETIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUSTHAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
23. Termination
We may suspend or terminate your access to the Site at any time and for any reason or no reasonat all, with or without notice, at our sole discretion. This may result in deletion of informationassociated with your account. You may also terminate your account by deactivating it or bysubmitting a termination request and discontinuing your use of the Services. Your account maybe deactivated if it experiences a prolonged period of inactivity. Your User Content may also bedeleted in the event your access is terminated. Where applicable, all rights and responsibilities ofthe parties under these Terms will survive the termination of this agreement, including, withoutlimitation, intellectual property ownership, warranties, disclaimers, and limitations of liability.
24. Modification of These Terms
We may modify or update these Terms from time to time at our sole discretion. All updates willbe effective from the time and date that they are posted. We recommend checking this pageregularly for any updates. Your continued use of the Site and Services signifies your acceptanceof the updates that occur. We may send you notice of updates to these Terms, including, but notlimited to, by email, posting on the Site, or other reasonable means.
25. Violations of These Terms
Should you breach these Terms, we may take any and all actions we deem appropriate in our solediscretion under the circumstances, including, but not limited to, suspending, blocking, orterminating your access to the Site and Services and your account. We may also choose toremove your User Content.
26. Dispute Resolution
Unless both parties agree otherwise, you and ZeroBreak Design LLC agree that any dispute,claim, or controversy you may have arising out of or relating to the Site, Services, or these Termswill be resolved through mandatory binding arbitration administered by the American ArbitrationAssociation (AAA) in accordance with its Commercial Arbitration Rules, and the judgment of itsarbitrator(s) may be entered by any court of competent jurisdiction. You further agree that theU.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, andTHE PARTIES FURTHER AGREE THAT EACH IS WAIVING ITS CONSTITUTIONALRIGHT TO A TRIAL BY JURY AS WELL AS THE RIGHT TO BRING OR PARTICIPATE INA CLASS ACTION OR MULTI-PARTY ACTION. ALL CLAIMS AND DISPUTESRELATED TO YOUR USE OF THE SITE OR SERVICES OR ARISING UNDER THETERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOTON A CLASS BASIS. ANY DISPUTE, CLAIM, OR CAUSE OF ACTION THAT YOU MAYHAVE ARISING OUT OF OR RELATING TO THE SITE, SERVICES, OR THESE TERMSMUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE ACCRUES;OTHERWISE, SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED. Thisprovision will survive the termination of this agreement and the termination of your account.
You and ZeroBreak Design LLC agree that we may seek injunctive or other appropriate relief inthe appropriate state or federal court should you violate or threaten to violate the intellectualproperty rights of us or our subsidiaries, affiliates, partners, suppliers, or licensors, and youconsent to exclusive jurisdiction and venue in such courts.
27. General Terms
a. Entire Agreement
These Terms and our Privacy Policy represent the entire and exclusive agreementbetween you and ZeroBreak Design LLC regarding your use of the Site and Services,superseding and replacing all previous agreements. You may also be subject to additionalterms and conditions or separate agreements regarding specific Services we provide,partner or affiliate services, use of Third-Party Resources, or any purchases you maymake through the Site.
In the event that these Terms are translated into other languages and there is adiscrepancy between the two language versions, the English language version willprevail in all cases to the extent that such discrepancy is the result of an error intranslation.
b. Waiver and Severability
Our failure to enforce any right or provision of these Terms will not operate as a waiverof such right or provision.
If any provision of these Terms or the application thereof is held to be invalid orunenforceable for any reason and to any extent, that provision will be consideredremoved from these Terms; however, the remaining provisions will continue to be validand enforceable according to the intentions of the Parties and to the maximum extentpermitted by law. If it is held that any provision of these Terms is invalid orunenforceable, but that by limiting such provision it would become valid andenforceable, then such provision will be deemed to be written, construed, and enforcedas so limited.
c. Assignment
Your rights and obligations under these Terms, including any accounts, profiles, orpersonalization settings you may have, may not be assigned, subcontracted, delegated, orotherwise transferred by you without our prior written consent, and any attempt to do sowill be null and void. We may freely assign these Terms and our rights and obligationshereunder without notice to you, and these Terms will continue to be binding onassignees.
d. Cumulative Rights
The rights of all parties under these Terms are cumulative and will not be construed asexclusive of each other unless otherwise required by law.
e. Law and Jurisdiction
These terms shall be governed by, and will be construed under, the laws of Nevada,United States, without regard to or application of its conflict of law principles or yourstate or country of residence. All claims, disputes, and legal proceedings related to orarising out of these Terms or your use of the Site or Services will be brought exclusivelyin the federal or state courts located in Nevada, and you hereby consent to and waive anyobjection of inconvenient forum as to such jurisdiction.
28. Electronic Communications
Electronic communications occur whenever you use the Site or Services, you send us emails, wesend you emails, and we post notices on the Site. You consent to receive such electroniccommunications and agree that the electronic communications, including, without limitation, allnotices, terms, disclosures, and agreements, has the same legal effect and satisfy any legalrequirement that such communications would satisfy if provided to you in a written hardcopy.
29. Feedback and Complaints
You hereby assign to us all rights in any feedback or complaints you provide us concerning theSite or Services and agree that we have the right to use and fully exploit all such feedback orcomplaints in any manner we wish, commercial or otherwise. We will treat all such feedback orcomplaints as non-confidential and non-proprietary. Do not provide us with any feedback orcomplaints that you consider confidential or proprietary.
If you are a California resident, you may report complaints to the Complaint Assistance Unit ofthe Division of Consumer Product of the California Department of Consumer Affairs bycontacting them in writing at 400 R Street, Sacramento, CA 95814 or by telephone at (800) 952-5210.
30. Contact Information
Please report any violations of these Terms to us. If you require any more information or haveany questions about these Terms, you may contact us as follows:
ZeroBreak Design LLC
1887 Whitney Mesa Dr 8876
Henderson, Nevada 89014
