Terms of Use
Please Read These Terms of Use Carefully
These Terms of Use describe rules for visitors to this ZYTO web site. This web site is owned and operated by ZYTO. ZYTO is the name we use to refer to our whole business, any of the companies that it controls, such as its subsidiaries and affiliates. When we use the words we or our, we mean ZYTO. ZYTO also operates other web sites. These Terms of Use do not apply to our other web sites. You should review the terms of use posted on those ZYTO web sites when you visit them.
These Terms of Use were last updated on January 3, 2008. We may change these Terms of Use at any time. Please review the Terms of Use each time you visit the web site. By using this web site, it means you accept the most recent version of the Terms of Use.
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About the Information on This Web Site.
Much of the information on this web site relates to products and services offered by ZYTO. The materials on this web site are for your general educational information only. Information you read on this web site cannot replace the relationship that you have with your health care professional. ZYTO does not practice medicine or provide medical services or advice and the information on this web site should not be considered medical advice. The technology developed by ZYTO and discussed on this website does not diagnose or treat any medical conditions. You should always talk to your health care professional for diagnosis and treatment.
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Our Copyrights and Trademarks.
The materials on this web site belong to or are licensed to us. The materials are protected by United States and foreign copyright laws. There are some important rules about copying these materials. You may e-mail, download, or print copies of the materials on this web site, but only for your personal, noncommercial use.
We also own the names we use for our products and services on this web site, and these names are protected by United States and foreign trademark laws. An ® following a name on our web site indicates that the trademark has been registered in the United States. A ™ following a name on our web site indicates that it is an unregistered trademark. All trademarks are the property of their respective owners.
There may be special rules for the use of materials provided on certain parts of this web site. These special rules will be posted near the materials.
If you use the materials or trademarks on this web site in a way that is not clearly allowed by these Terms of Use, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use this web site. Title to the materials remains with us or with the authors of the materials contained on this web site. All rights not expressly granted are reserved.
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Links to This Web Site and Use of ZYTO Marks.
You are hereby granted a non-exclusive, limited, and revocable license to link to this web site. ZYTO reserves the right to revoke this license generally, or your right to use specific links, at any time. If ZYTO revokes this license, you agree to remove and disable any and all of your links to this web site immediately.
You agree not to present the link to this web site in such a way that it is associated with advertising or appears to be an endorsement of any organization, product, or service. You agree that the link will not appear on a web site that a reasonable person may consider obscene, defamatory, harassing, grossly offensive, or malicious. Under no circumstances may you "frame" this web site or any of its content or copy portions of this web site to a server. You agree not to display or use the ZYTO logo or trademark in any manner without our prior written permission.
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Links to Other Web Sites.
This web site may contain links to web sites not operated by ZYTO. We provide these links for your convenience, but we do not review, control, or monitor the materials on any other web sites.
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Your Feedback, Comments and Ideas.
While we are pleased to receive feedback, comments and ideas from visitors to this web site, we want you to understand that any information that you submit through this web site will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Statement). If you transmit any ideas, information, concepts, know-how or techniques or materials to us through this web site, you hereby grant ZYTO an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that ZYTO is free to use them for any purpose.
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No Warranties.
ALL CONTENT ON THIS WEB SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. ZYTO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ZYTO MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEB SITE.
ZYTO MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEB SITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.
Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.
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Limitation of Liability.
YOU AGREE THAT NEITHER ZYTO NOR ANY PERSON OR COMPANY ASSOCIATED WITH ZYTO SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEB SITE OR THE MATERIALS ON THIS WEB SITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ZYTO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS MENTIONED ON THIS WEB SITE. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
THE TOTAL LIABILITY OF ZYTO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL ZYTO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEB SITE OR MATERIALS ARE EXCLUDED EVEN IF ZYTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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Other Rules About This Web Site.
In addition to the rules in these Terms of Use and the Privacy Statement, you may be subject to additional terms that may apply when you access particular services or materials on certain areas in this web site, such as when you purchase enhanced services, or by following a link from this web site. Please read our Privacy Statement to learn how we protect and use information that we gather through this web site.
Your obligations under this section and the sections called "Your Feedback", "No Warranties" and "Limitation of Liability" will survive termination of these Terms of Use.
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
If you violate these Terms of Use or the Privacy Statement in a way that causes harm to others, you agree to hold ZYTO harmless against any liability for that harm.
By using this web site, you agree that the only proper jurisdiction and venue for any dispute with ZYTO, or in any way relating to your use of this web site, is in the state and federal courts in the State of Utah, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving ZYTO or its affiliates, employees, officers, directors, agents, or suppliers.
These Terms of Use are governed by the internal substantive laws of the State of Utah, without respect to its conflict of laws principles, and the federal laws of the United States.
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Questions, Comments, and Notices.
ZYTO may deliver notice to you by electronic mail, a general notice on this web site, or by written communication delivered by First Class U.S. Mail to your address on record with ZYTO. You may deliver notice to ZYTO by using the Contact ZYTO feature, or at:
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