Please read these Terms and Conditions. If you do not agree to these Terms and Conditions, please leave this Website now.
Your use of this Website constitutes your terms to comply with these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this Website. Each time you use this Website, the current version of these Terms and Conditions will apply. Accordingly, when you use this Website, you should check the date of these Terms and Conditions (which appears at the end of these Terms and Conditions) and review any changes since the last version.
Zephyr may change these Terms and Conditions and any other rules that govern your use of this Website, and your use of this Website after such changes constitutes your terms to follow those revised Terms and Conditions. In addition to changes in these Terms and Conditions, Zephyr may change, edit, delete or revise portions of this Website at any time without notice.
Website Contents and Copyright Infringement
The text, images, graphics, video files and their arrangement on this Website are the property of Zephyr and are subject to copyright and other intellectual property protections. The Zephyr Content may not be copied for commercial use or distribution, nor may the Zephyr Content be modified or reposted to other sites. Access to and use of this Website are solely for your personal information, education and communication to Zephyr. Zephyr grants you a non-exclusive, non-sublicensable and non-transferable license to use the Zephyr Content for non-commercial use. You acknowledge that you shall acquire no rights to the Zephyr Content other than the license in accordance with these Terms and Conditions as set out herein. Except as specially set forth herein, Zephyr retains all rights, title and interests in the Zephyr Content and all other features of this Website.
It is our policy to terminate account privileges of any customer who repeatedly infringes the copyright rights of others. Without limiting the foregoing, if you believe that your work has been copied and posted on this Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on this Website; (iv) your address, telephone number, and email address; (v) a written statement that to your knowledge and belief the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information and any other information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Registration, Accounts and Passwords
If you create an account on this Website, you agree to be responsible for maintaining the confidentiality of passwords or other account identifiers which you choose and all activities that occur under such password or account identifiers. You agree to promptly notify Zephyr of (a) any loss of your password or account identifiers and (b) any unauthorized use of your password or account identifiers. Zephyr will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of these Terms and Conditions. If you create an account for Learning Lodge Navigator on this Website, you will automatically be registered for an account for Club Zephyr.
Limitations on Liability - Disclaimer
YOU ACKNOWLEDGE: (1) THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS WEBSITE; AND (3) THAT Zephyr OR ITS AFFILIATES OR SUPPLIERS, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THIS WEBSITE, INCLUDING WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF Zephyr HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Zephyr RESERVES THE RIGHT TO ALTER OR REMOVE THE CONTENT OF THIS WEBSITE OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, VTECH, ITS AFFILIATES', AGENTS', LICENSORS' AND SUPPLIERS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE CONTENT PROVIDED ON THIS WEBSITE IS PROVIDED "AS IS" AND VTECH MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO ITS USE, AVAILABILITY, ACCURACY OR PERFORMANCE. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR ITS USE OR NON-USE AND VTECH MAKES NO REPRESENTATION THAT THE VTECH CONTENT IS COMPATIBLE WITH YOUR COMPUTER OR FREE FROM ERROR OR VIRUSES. NO VTECH EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. VTECH DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH RESPECT TO THIS WEBSITE AND THE Zephyr CONTENT. Zephyr MAY REVISE OR DELETE THE Zephyr CONTENT, IN WHOLE OR IN PART, AT ANY TIME WITHOUT NOTICE.
YOU AGREE TO HOLD Zephyr HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSE, INCLUDING ATTORNEY FEES, INCURRED BY Zephyr AND ITS AFFILIATES AND SUPPLIERS ARISING FROM OR RELATED TO YOUR USE OF THIS WEBSITE.
Infringement Notices. Zephyr will promptly process, investigate and respond to all claims of intellectual property infringement and will take appropriate action under the Digital Millennium Copyright Act and other applicable intellectual property laws. Upon receipt of a notice that complies with the Digital Millennium Copyright Act, Zephyr will act to promptly remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and to any reference or link to material or activity claimed to be infringing.
These Terms and Conditions constitute the entire terms between you and Zephyr related to your use of this Website, and they supersede any prior terms or understandings not incorporated herein. If more than one version of these Terms and Conditions applies to any dispute related to this Website, the latest version of these Terms and Conditions will control.