General Use Restrictions
All information, documents, products and services provided on this Site, including trademarks, logos, graphics and images that are not Submissions (as defined below) (the “Materials”) are provided to you by Near Zero or Near Zero’s licensors or partner entities, as applicable.
Near Zero grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials displayed on this Site, provided that such display, copy or download is solely for your personal or internal informational use (that is, not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast in any media). You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any electronic or printed Materials.
Except as stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis, without the advance written authorization of Near Zero.
Third Party Content
Links To Third Party Sites
Trademarks and Copyrights
The trademarks, service marks, brands, names, logos and designs (collectively, "Trademarks") of Near Zero or others used on this Site are the property of Near Zero or their respective owners. You may not remove or alter any Trademark. You may not use any Trademark without the express prior written permission of Near Zero or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppel or otherwise, any right to use such Trademarks. All of the Materials appearing on this Site, including but not limited to, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, are the sole property of Near Zero, Copyright © 2006-2007, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
You agree to defend, indemnify and hold harmless Near Zero and its affiliates, representatives, partners, agents and employees from and against any and all liabilities, claims, costs and expenses, including attorneys' fees, that arise out of or in connection with your use of the Site or breach of these Terms.
Disclaimer of Warranty
You acknowledge and agree that this Site may include certain errors, omissions, and/or outdated information that may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by Near Zero, and agree that Near Zero does not warrant the accuracy or timeliness of the Materials and further agree that Near Zero has no liability for any errors or omissions in the Materials, whether provided by Near Zero or its licensors.
NEAR ZERO, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND “WHERE-IS” BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
Limitation of Liability
NEITHER NEAR ZERO NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE, OR ANY EXTERNAL WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR ANY INFORMATION ON THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF NEAR ZERO WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
Near Zero controls and operates this Site from its headquarters in the United States and makes no representation that the Materials are appropriate or will be available for use in locations other than the United States. If you use this Site from outside the United States, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials. These Terms will be governed by California law and United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to these Terms or in connection with this Site only in the federal and state courts located in Santa Clara County, California. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Near Zero to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Near Zero in writing. The Terms comprise the entire agreement between you and Near Zero and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.
Information Collection and Use
You can generally visit our Site without revealing any personally identifiable information about yourself. However, in certain sections of this Site, we may invite you to respond to questions and provide your subjective judgments, or invite you to contact us with questions or comments. Due to the nature of some of these activities, we may collect personally identifiable information such as your name, address and e-mail address and other contact information that you voluntarily transmit with your communication to us. We also may collect information about you and your use of our Site and/or our services through your use of our Site and/or services. We may use your personally identifiable information to contact you to deliver certain services or information you have requested, improve the content and general administration of the Site and/or our services.
Near Zero recognizes the privacy interests of children, and we encourage parents and guardians to take an active role in their children’s online activities and interests. This Site is not intended for children under the age of 13. Near Zero does not target its services or this Site to children under 13. Near Zero does not knowingly collect personally identifiable information from children under the age of 13.
The Site may track the total number of visitors to our Site, the number of visitors to each page of our Site, browser type, IP addresses and External Web Sites (defined below) linked to, and we may analyze this data for trends and statistics in the aggregate, but such information will be maintained, used and disclosed in aggregate form only and it will not contain personally identifiable information. We may use such aggregate information to analyze trends, administer the Site, track users’ movement, and gather broad demographic information for aggregate use.
We will disclose your personally identifiable information if we reasonably believe we are required to do so by law, regulation or other government authority. We will not sell your personally identifiable information to any company or organization.
Links to Third Party Sites
We may employ procedural measures, consistent with industry practice, that are reasonably designed to help protect your personally identifiable information from loss, unauthorized access, disclosure, alteration or destruction. Near Zero may internally restrict who in Near Zero has access to your personally identifiable information to help prevent unauthorized access to your personally identifiable information.
Removal from Email Distribution List and Updating/Deleting Personally Identifiable Information