Terms and conditions

Zest Security (“Company”) – Website – Terms of Use

Last updated: March __, 2024

1. Applicability. These terms of use (“TOU“) and the privacy policy, available at https://zestsecurity.io/privacy-policy  (“PP” together with the TOU, the “Terms“) govern the website available at zestsecurity.io of Zest Security Inc. and its affiliates (“Company“), and any content (“Content”, together with the Site, the “Services”) which is made available to you (“User“) through the Site. These Terms constitute the entire and only agreement between Company and User. By attempting to use and/or by using the Services, or any part thereof, User agrees to fully comply with and be bound by the Terms. If User does not accept the Terms, or any part thereof, User must not access and use the Services, or any part thereof, and immediately stop any use of the Services.
2. Representations. By using the Services User represents that (i) User is not under 18 years of age; (ii) User is authorized to use the Services, (iii) User agrees to be bound by the terms of the TOU, and (iv) User’s use of the Services does not conflict any law applicable to User.
3. Modification; Termination. Company may, from time to time modify these TOU. Any amended TOU will come into effect when posted on the Site. If User does not agree to the TOU, as amended, User must stop using the Services, otherwise User will be deemed to have accepted the TOU, as amended. Without limiting any rights of Company under this TOU, it shall be clarified that Company is entitled to always, in its sole discretion, without notice, block User’s access to the Services or terminate or disable User’s use of the Services. Further, Company reserves the right to terminate or modify the Services, in whole or in part, in any manner at Company’s sole discretion, without notice. Company will not be liable if, for any reason, all or any part of the Services are unavailable at any time or for any period of time.
4. Restrictions. User shall not: (i) copy, modify, display or disclose create derivative works of any Content; (ii) disrupt servers or networks connected to the Site; (iii) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Site; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Site.
5. Ownership. All title, ownership rights, and intellectual property rights (including all copyrights, patents, trade secret rights and trademarks) in and to the Content (except for the Third Party Content, as defined below), shall remain the sole and exclusive property of Company, its affiliates, or their respective licensors, if any. User agrees that nothing contained in the Services shall be construed as transferring any ownership right and/or granting a license to any intellectual property right, unless otherwise explicitly set forth herein.
6. Third Party Content. The Site and the Content may contain certain content, icons and links to third party websites, as well as other content from third parties (collectively, “Third Party Content“). The inclusion of Third Party Content within the Services does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Company is under no obligation to review and/or monitor such Third Party Content and is in no way responsible for any Third Party Content. Company has no control over the terms of use and privacy policies of any third party websites and User accesses any such third party website at User’s own risk.
7. Indemnity. User agrees to indemnify, defend, and hold Company and its affiliates, licensors, officers, directors, employees, consultants, agents and representatives (collectively, “Indemnified Party”) harmless from any and all claims, losses, damages, liabilities, actions, or demands, and associated costs and expenses (including without limitation attorneys’ fees) arising out of User’s: (i) use of the Services; (ii) use of any Third Party Content and/or any other interaction with third parties through the Services; (iii) violation of the terms hereof; or (iv) violation of any third party’s rights. Company reserves the right, at such User’s expense, to assume the exclusive defense and control of any matter of indemnification by User hereunder. User shall cooperate fully as reasonably required in the defense of any claim.
8. Disclaimer and Warranties. USER UNDERSTANDS AND AGREES THAT USER’S USE OF THE SERVICES ARE AT USER’S OWN RISK. COMPANY’S SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 
9. Limitation of Liability. IN NO EVENT SHALL COMPANY BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, COMPANY’S AGGREGATE LIABILITY TO USER OR ANY THIRD PARTY HEREUNDER SHALL NOT EXCEED US$100. 
10. Miscellaneous.
    1. To the extent that the Services, or any portion thereof, conflict with the TOU, the TOU shall prevail. 
    2. Company’s failure to enforce any provision of the TOU shall not be deemed a waiver of such provision nor of the right to enforce such provision. 
    3. Company’s rights under the TOU shall survive any expiration or termination of the TOU.
    4. The TOU shall be governed by the laws of the State of New York without regard to the principles of conflict of law. The courts of the State of New York shall have exclusive jurisdiction to adjudicate any dispute arising out of the TOU.