TERMS AND CONDITIONS OF USE

ZARTECH TERMS AND CONDITIONS OF USE

Date of Last Revision:  May 10, 2016

Please read these Terms and Conditions of Use (the “Terms”) carefully before using this website.  These Terms set forth the legally binding terms and conditions for your use of the website at www.zartech.com (the “Site”) owned and operated by Zampell Advanced Refractory Technologies, Inc. (d/b/a “Zar-Tech”) (“ZARTECH”).

By using the Site in any manner, including simply browsing or accessing the Site, you agree to be bound by these Terms.

ACCEPTANCE OF TERMS

The Site, including its content, is offered subject to acceptance of all of the terms and conditions in these Terms, the Privacy Policy (available at https://zartech.com/privacy-policy/) and all other policies and requirements that may be posted by ZARTECH on the Site, from time to time (collectively, the “Other Policies”), each of which are expressly incorporated into, and made a part of, these Terms by this reference.

ZARTECH reserves the right to revise any of these Terms (including any of the Other Policies), at any time and in its sole discretion, without notice, by posting the revised Terms (or such Other Policies) on the Site.  Continued use of the Site, following that posting constitutes your acceptance of the revised Terms (or such Other Policies).  It is your responsibility to check these Terms and Other Policies periodically to understand the terms and conditions that apply.

If ZARTECH makes any change directly to these Terms, it will update the “Date of Last Revision” above.

ZARTECH reserves the right to modify, suspend or discontinue the Site (or any features of the Site), or impose limits on, or restrict access to, all or any portion of the Site, at any time for any reason, without notice or liability.

As used in these Terms, the following words have the following meanings:

  • “content” means all content, including videos, photographs, images, logos, artwork, graphics, audio clips, data, text, software, scripts, other material, data and information, and associated trademarks and copyrightable works that are made available or accessible through, by or on the Site, other websites, email or other media;
  • “partners” means all of ZARTECH’s licensors, suppliers, vendors and service providers; and
  • “representatives” means, with respect to any person or entity, its affiliates (including owners or parent or subsidiary entities), directors, officers, employees, independent contractors and agents.

TERMS OF ACCESS AND USE

You agree that the Site is provided for informational purposes only.  By accessing or using the Site, you agree NOT to use or access the Site, for any illegal, unlawful or inappropriate purpose, including to:

  • publish or share content or communication that (1) is pornographic, obscene or indecent, (2) is abusive, threatening or harassing, (3) advocates bigotry, religious, racial or ethnic hatred, (4) is false, deceptive, misleading, (5) is designed to defraud any person or entity, or (6) infringes or violates any intellectual property, privacy, publicity or other rights of any person or entity;
  • send unsolicited or unauthorized communications, promotions or advertisements, or spam, or send or upload any content or communications that contains any viruses, malware, Trojan, or other computer code designed to interrupt, destroy, overload, or limit the functionality of the Site, or intercept or expropriate any data or personal information;
  • attempt (or actually) circumvent, disable, violate, interfere with, or probe, test or scan the vulnerability of, the security or integrity of the Site or its operation;
  • place any link to the Site on any other website or location on the internet, without the prior written consent of ZARTECH, or to embed the Site as an “iframe” or “frame” from within another application or site;
  • co-brand the Site (or any portion thereof) or attribute ownership or any rights in or to the Site or content to any person or entity other than ZARTECH;
  • harvest, collect, scrape, create abstracts from, modify or, except as expressly permitted by these Terms, use or disclose, any content or information from the Site;
  • use or launch any automated system, including “robots”, “spiders” or “offline readers”, that access the Site or its content, including related links, in any manner; or
  • access or use the Site or any ZARTECH content for any competitive purpose (including to build a competitive site, products or services).

You acknowledge that you are solely responsibility for any of your actions, omissions, conduct or information that violates these Terms (including any of the Other Policies).

INFORMATION THAT YOU PROVIDE

Certain sections of the Site allow you to contact ZARTECH by making a submission through the Site, including under the “Contact Us” and “Employment Listings” sections.  The Site also provides information for contacting ZARTECH by other means (including email or fax).

You acknowledge that: (1) the Site is hosted on a third-party server and uses the Internet for data transfer, (2) ZARTECH uses Internet-connected servers to store data and while it uses commercially reasonable security measures with respect to its servers, no security measures are 100% effective, (3) Internet communications have inherent insecurities, and (4) as such, ZARTECH cannot make any representation or warranty that the security of any information that you provide will not be compromised.  For example, if you elect to provide your resume or submit your employment inquiry to ZARTECH (including by submitting your inquiry through the Site), you should be mindful about the types of information that you choose to include on your resume and should never include sensitive data (such as your social security number).

You agree that all information that you provide to ZARTECH (whether submitted through the Site or such other means) will be treated as non-confidential, except as otherwise set forth in ZARTECH’s Privacy Policy, and non-proprietary.  You may not provide to ZARTECH (whether through the Site or such other means) any confidential or proprietary information (unless ZARTECH has provided you with its prior written consent to such submission) or any unsolicited ideas or proposals under any circumstance.  By providing any such information or other materials to ZARTECH, you hereby (1) grant to ZARTECH, its partners and the respective representatives of ZARTECH and each such partner, an unlimited, unrestricted, irrevocable, non-exclusive, world-wide, royalty free, fully-paid, assignable and sublicensable license to use such information and materials in connection with the operation of the Site or ZARTECH’s other business purposes, including a right to sell, copy, distribute, transmit, modify, publicly display, publicly perform, reproduce, edit, translate, delete, reformat and otherwise fully exploit any such information and materials; and (2) agree that ZARTECH is free to use any ideas, concepts, designs or know-how that you provide to ZARTECH (whether through the Site or such other means).

THIRD-PARTY SITES, CONTENT AND SERVICES

Certain third-party websites, content, information, documents, software, materials, products, services or resources may be, from time to time, accessible by hyperlink from, or otherwise available on or from using, the Site or websites linking to the Site (collectively, “Third Party Resources”).  These Third Party Resources are not under the control of ZARTECH, and ZARTECH has not reviewed the content, function, accuracy, legality, security, appropriateness or any other aspect of such Third Party Resources.  When you leave the Site, you should be aware that ZARTECH’s terms and policies no longer govern.  You should review the applicable terms and policies, including privacy and data gathering, use or disclosure practices, of any website to which you navigate from the Site, including any Third Party Resources.

DISCLAIMER OF WARRANTIES

THE SITE AND CONTENT INCLUDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR GUARANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY REPRESENTATIONS, WARRANTIES OR GUARANTIES (1) AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE OR NON-INFRINGEMENT OR (2) IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE.  ZARTECH, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTIES.

WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ZARTECH NOR ITS PARTNERS, NOR ANY REPRESENTATIVES OF ZARTECH OR ANY OF ITS PARTNERS, MAKES ANY REPRESENTATION, WARRANTY OR GUARANTY THAT: (1) USE OF THE SITE WILL BE UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (2) THE SITE OR ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SITE, IS OR WILL BE MISTAKE OR ERROR FREE, ACCURATE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (3) THE SITE WILL MEET ANY OF YOUR REQUIREMENTS.

ANY USE OF THE SITE (OR RELIANCE ON STATEMENTS MADE ON, OR CONTENT INCLUDED ON, THE SITE) IS SOLELY AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZARTECH MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES REGARDING ANY THIRD PARTY RESOURCE OR TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH ANY SUCH THIRD PARTY RESOURCE, AND YOU UNDERSTAND AND AGREE THAT ALL SUCH THIRD PARTY RESOURCES OR TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK.

LIMITATION OF CERTAIN RIGHTS AND LIMITATION OF LIABILITY

YOU HEREBY AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WHETHER ARISING UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY:

  • ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST BE COMMENCED BY YOU AGAINST ZARTECH WITHIN ONE YEAR AFTER THE DATE OF YOUR FIRST ACCESS OR USE OF THE SITE, OR SHALL BE FOREVER BARRED;
  • YOUR exclusive remedy, and ZARTECH’S entire liability, if any, for any claims arising out of these TERMS, INCLUDING THE OTHER POLICIES, OR THE SITE, shall be limited to ONE HUNDRED U.S. DOLLARS ($100.00);
  • In NO EVENT SHALL ZARTECH, ANY OF ITS PARTNERS, OR ANY REPRESENTATIVES OF ZARTECH OR ANY OF ITS PARTNERS, BE RESPONSIBLE OR LIABLE TO YOU FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, LIQUIDATED, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR ANALOGOUS DAMAGES, INJURIES, LOSSES, COSTS OR EXPENSES OF ANY KIND WHATSOEVER, INCLUDING ANY LOSS OF PROFITS, PRIVACY, USE OR DATA, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • IN NO EVENT SHALL ZARTECH OR ANY OF ITS REPRESENTATIVES, BE RESPONSIBLE OR LIABLE IN ANY WAY FOR OR IN CONNECTION WITH ANY THIRD PARTY RESOURCES.

THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS OR DISCLAIMERS OF IMPLIED WARRANTIES OR CERTAIN LIMITATIONS OF RIGHTS OR LIABILITY, AND IF THESE LAWS APPLY, THEN CERTAIN OF THE ABOVE LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.

INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless each of ZARTECH, its partners, and the respective representatives of ZARTECH and each such partner, from and against any and all actual or alleged liabilities, damages, losses, claims, costs and expenses, including attorneys’ fees and court costs, that arise out of or relate to (1) your use or misuse of the Site or any content available on the Site or provided by ZARTECH, (2) your violation of these Terms (or any of the Other Policies), or (3) any violation by you of applicable law.

INTELLECTUAL PROPERTY RIGHTS

Copyright © 2016 Zampell Advanced Refractory Technologies, Inc. (d/b/a “Zar-Tech”).  All Rights Reserved.  The ZARTECH logo, “ZAR-TECH”, and “WE CAN TAKE THE HEAT” are registered trademarks of ZARTECH.  All other logos or trademarks are the property of their respective owners.  Notwithstanding anything to the contrary in these Terms, nothing in these Terms grants you any right to use, copy or modify any trademark, logo or the name of ZARTECH.

You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site.

Subject to these Terms, including the Other Policies, ZARTECH grants to you a limited, non-exclusive, revocable, terminable, non-sublicensable, non-assignable and non-transferable license to use a single copy of the content available on the Site solely for your informational and non-commercial use only.  Use of any such content, except for this informational and non-commercial use, and any copying, reproduction, modification, distribution, republishing, uploading, posting, public performance, displaying, transmitting or storage of any such content for any purpose or use, is strictly prohibited.  All rights not expressly granted to you are reserved by ZARTECH and its partners.

INTERNATIONAL USE

ZARTECH controls and operates the Site from the United States of America, and all information on the Site is processed within the United States.  Although the Site may be accessible worldwide, ZARTECH does not represent that the Site or any content on the Site, is appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.  Those who choose to access the Site from other locations, do so on their own initiative and are responsible for compliance with local laws.  Any offer for any product, service and/or information made in connection with the Site is void where prohibited.

APPLICABLE LAW, INTEGRATION, SEVERABILITY, CONSTRUCTION AND ELECTRONIC COMMUNICATION

These Terms (including the Other Policies) and any use of the Site is governed by and construed according to the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act.  By using the Site, you hereby (1) consent and agree to submit to personal jurisdiction and exclusive venue in the state and federal courts located in Boston, Massachusetts, and (2) irrevocably waive any right you may have to a trial by jury in any dispute, action or proceeding.  You further agree that the Site is deemed a passive website that does not give rise to personal jurisdiction over ZARTECH or its representatives, successors or assigns, in any jurisdiction other than the Commonwealth of Massachusetts.

The failure of ZARTECH to enforce any right or provision of these Terms (including any of the Other Policies) shall not constitute a waiver of such right or provision.  In the event any provision of these Terms (including any of the Other Policies) is found to be unenforceable, invalid, void, or illegal, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms or Other Policies, as the case may be, will otherwise remain in full force and effect and enforceable.  Any reference in these Terms to (1) any words of gender shall include each other gender, including the neuter, unless the context requires otherwise, and (2) “including” shall mean and be a reference to “including without limitation”.  Any provision of these Terms which should, by its nature, survive termination is deemed to do so, including any provisions addressing the ownership or use of intellectual property, and indemnity, warranty and limitation on liability provisions.

You (1) acknowledge and agree that when visiting the Site or sending emails to ZARTECH, you are communicating with ZARTECH electronically, (2) hereby consent to receive communications from ZARTECH electronically, (3) acknowledge and agree that ZARTECH may communicate with you by email or by posting notices on the Site, and (4) agree that all agreements, notices, disclosures and other communications that ZARTECH provides electronically satisfy any legal requirement that such communications be in writing.

Nothing in these Terms shall prohibit, in any way, ZARTECH from complying with applicable laws and regulations.

QUESTIONS AND COMMENTS

Thank you for reading and agreeing to these Terms.  Please direct any questions or comments regarding these Terms by email to joseph.sousa@zampell.com.