Terms of Use - Z Living

Z Living welcomes you to this www.zliving.com website (the “Website”). The Website provides you with a variety of resources, including (i) sign up for multiplatform access to long form video content hosted by Z Living, (ii) your account information, (iii) the ability to communicate electronically with Z Living, and (iv) access to the Z Living website with health-related products, services, and information available on or through the Website. The following Terms of Use provides visitors with the policies and restrictions that govern access and use of this Website. We use the term “visitors” and/or “you” to include any person who accesses this website at any time.

Agreement to these Terms.
Agreement to Changes and Updates
Website Ownership
Restrictions on Use
Submissions
Copyright Protection
Permitted Uses and Users
Your Resources
Actions
No Endorsement
No Medical Advice
Disclaimers
Limitations of Liability
Protecting Information
Indemnification
Marks
Governing Law
Miscellaneous

AGREEMENT TO THESE TERMS.

This is a binding legal agreement between you and Z Living, a business unit of Asia TV USA Ltd. (collectively referred to as “Z Living”, “we”, “us” or “our”) governing your access and/or use of this website. You must read these terms in their entirety.
Your access or use of this Website constitutes your agreement to be bound by these Terms of Use, which include any restrictions posted on website pages and any changes that may exist when you re-access our website. If you do not agree with these Terms of Use do not use this site. Discontinuing use of this site shall not modify any Terms of Use that apply to prior uses.
Personal information that we collect over this Website will be governed by our Website Privacy Policy, which is incorporated in these Terms of Use by reference.

AGREEMENT TO CHANGES AND UPDATES

Z Living may, from time to time, and in our sole discretion, modify these Terms of Use without prior notice to you, including imposing charges for any features or services. The modified Terms of Use will be effective immediately upon posting on the Website. You agree to the new posted Terms of Use by continuing your use of the Services. You agree to review the Terms of Use whenever you access or re-access this site. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using the Services.

WEBSITE OWNERSHIP

This Website is owned and operated by Asia TV USA Ltd. Z Living, its parents, affiliated companies and parties that have granted us specific usage authorizations own the materials displayed on and contained within the website, including without limitation, information, content, editorial materials, advertisements, articles , images, text, tools, graphics, photographs, sound, illustrations, artwork, links, software, code, messages, communications, organization, designs, structures, compilations, libraries, magnetic translations, digital conversions, names, logos, trademarks, service marks, design elements, data, files, clips (audio and video clips), materials code and software (collectively, “Content”). Copyrights, trademarks, trade names, service marks and names and other proprietary rights and laws protect the Content.

RESTRICTIONS ON USE

Use of this Website or of any Content for any purpose not expressly permitted herein is prohibited. Visitors may not copy, download, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, store, re-use, adapt, incorporate or create a derivative work of, in any manner, any Content. Without limiting the restrictions in the preceding sentence, any copies that you make of the Content must retain all copyrights, trademarks, service marks and other proprietary notices and credit lines appearing with or on the site Content. Visitors may print or download the Content from this site only for personal, non-commercial use. Any use for commercial purposes is strictly prohibited. You do not acquire any ownership rights to any Content through your access to, or use of, this Website or the Content. You must comply with all applicable laws and regulations and all applicable copyright, trademark, and other legal notices, information, and restrictions contained in, attached to, or associated with, the Content.
You agree to use this Website and the Content only for their intended purposes, and you shall not:
Modify, decompile, reverse engineer, recreate, disassemble, or otherwise attempt to determine the makeup or source code of the Website or the Content, interrupt, destroy, alter, damage, delay or limit the functionality or integrity of this website or Content, including any associated software or hardware or make any unauthorized changes to the Website or the Content;
Embarrass, defame, slander, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Use the Website or the Content to publish, transmit, copy, reproduce, e-mail, post, upload, distribute, or disseminate any inappropriate, profane, vulgar, pornographic, sexually explicit, racist, libelous, false, defamatory, infringing, obscene, indecent, offensive, violent, hateful, disparaging, abusive, false or misleading, unlawful, or objectionable topic, name, material, or information;
Frame the Website or the Content, display the Website or the Content in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between Z Living and any third party or potentially deprive Z Living of revenue (including revenue from advertising, branding, or promotional activities);
Upload files that infringe on any patent, trademark, trade name, service mark or name, copyright, trade secret, rights of privacy of publicity, or other proprietary right;
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
Conduct or forward surveys, contests, pyramid schemes, chain letters, junk mail, spam, unsolicited e-mail, or any advertising, promotional, or unauthorized communication except to the extent expressly contemplated by the Services;
Run Maillist, Listserv, any form of auto-responder on, or with respect to, the Website or the Content, or any processes that run or are activated while you are not logged in;
Falsify or delete any author attributions, legal, or other proper notices or proprietary designations or labels of the origin or source of software, or other material contained in a file that is uploaded; or manipulate identifier or numeric information to disguise the origin of any visitor, device, material, Content or other information
Impersonate another person or entity or use any fake name or identity;
Allow any other person or entity to use your identification for posting or viewing comments;
Restrict or inhibit any other user from using and enjoying the Website or the Content;
Violate any code of conduct or other guidelines that may be applicable to the Website or the Content;
Harvest or otherwise collect information about others, without their prior, express, and written consent;
Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from anyone;
Use any part of the Website or the Content to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity;
Access or use the Website or the Content through an interface other than Z Living’s interface;
Link to the Website or the Content from another; or
Violate any applicable laws or regulations or rights, including intellectual property, privacy, or publicity rights.
You are responsible for all of your acts or omissions in connection with, relating to, and arising out of, the Website and the Content. You shall use the Website and the Content in a manner consistent with all applicable laws and regulations. Z Living shall have no duty to, and shall not investigate, your use or your right to use or access the Website or the Content.

Submissions

By posting, uploading, inputting, providing, or submitting information or materials to or through the Website (collectively the “Submissions”), you represent and warrant that you own or otherwise control all of the rights to such Submissions (including the right to grant the rights granted by you in this section) and grant to Z Living and Z Living’s owners, parents, subsidiaries, affiliates, and partners an irrevocable, worldwide, transferable, perpetual, royalty-free, and fully paid-up license in and to the Submissions. Such permission includes the rights to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, repurpose, translate, and create derivative works of the Submissions in any form, media, software, or technology of any kind now known or developed in the future, including for the purpose or purposes of developing, manufacturing, and marketing products. You waive any moral rights you may have in or to the Submissions. No compensation shall be paid to you with respect to the Submissions.
You further represent and warrant that the Submissions do not infringe any rights whatsoever of any third party. Although Z Living has no obligation to monitor the Submissions, Z Living reserves the right to review the Submissions at any time and from time to time and to refuse to post and to remove any Submission or such other materials in Z Living’s sole discretion (regardless of the reason).

Copyright Protection

The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in this website in a way that may constitute copyright infringement, you may provide notice of your claim to the Designated Agent listed below. For your notice to be effective, it must include the following information:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) A description of the copyrighted work that you claim has been infringed upon;
(c) A description of where the material that you claim is infringing is located on this website;
(d) Information reasonably sufficient to permit the Service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
(e) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The General Counsel should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring in the Service. All other inquires to the General Counsel will not be answered.

Permitted Users and Uses

You represent and warrant that (i) you are at least 18 years of age, (ii) your use of the Website and the Content is legal in, and does not violate any laws or regulations of, the jurisdiction(s) in which you reside or from which you use or otherwise access the Website or the Content, (iii) you possess the legal right, power, authority, and ability to enter into these Terms of Use and to use the Website and the Content in accordance with these Terms of Use, (iv) your use of the Website and the Content shall be in accordance with these Terms of Use and with all applicable laws and regulations, (v) your use of the Website and the Content shall be for your own non commercial, personal use and not on behalf of any business or any other entity. You further represent and warrant that you have not and shall not (a) use the Website in any manner that could damage, disable, overload, or impair the Website or interfere with any other party’s use and enjoyment of the Website, (b) obtain, or attempt to obtain, any materials, information, or other content through any means not intentionally made available or provided for through the Website, or (c) circumvent, or attempt to circumvent, any security feature of the Website.
The Website and the Content are controlled from within the United States. Z Living does not make any representation that the Website or the Consent are appropriate or available for use in other locations. Anyone accessing the Website or the Consent from outside the United States does so on their own initiative and must bear all responsibility for compliance with local laws.

Your Resources

You are responsible for obtaining and maintaining all resources needed to connect to, access and use the Website and the Content, including hardware devices, software, and other Internet, wireless, broadband, phone, or other communication devices and connection services (collectively the “Resources”). You are also responsible for, and Z Living makes no representations, warranties, guarantees, or assurances as to, the compatibility of your Resources with the Website and the Content and for charges incurred in connection with your use and possession of the Resources. You should check with your applicable carriers to determine whether any limitations shall preclude or otherwise affect your use of the Website or the Content. You acknowledge and agree that, depending on your Resources and/or Resource provider(s), some or all of the Website and Content may not be available to you. Z Living shall not be responsible for any damage to, or loss of, any Resource. You shall ensure that the Resources do not interfere with the operation of the Website or Content. Z Living reserves the right to disconnect and terminate the Website and the Content if any Resource is found to be causing any such interference. You are responsible for enabling features and functions of the Resources that are required to use some or all of the Website and the Content.

Actions

Z Living may take any of the following actions in Z Living’s sole discretion at any time and for any reason without giving you prior notice:
(a) Restrict, suspend, or terminate your access to the Website and the Content at any time for any reason or for no reason. In particular, and without limitation, Z Living may restrict, suspend, or terminate your access to the Website and the Content upon your non-compliance (or threatened non-compliance) with these Terms of Use or if you violate (or threaten to violate) Z Living’s rights or the rights of any other party;
(b)Change, modify, suspend, or discontinue the Website and the Content and the Website’s and the Content’s respective features and functionality, in whole or in part;
(c)Deactivate your accounts (if any) and delete all related information and files in your accounts (if any);
(d)Provide information concerning you and your activities to comply with applicable laws and regulations or respond to a court order, subpoena, or other lawful request, or if Z Living believes doing so would protect your safety or that of another person or protect the security of the Website or the Content, or as otherwise described in the Privacy Policy.
Z Living shall not be liable to you or any third party for taking any of the actions in this section and Z Living shall not be limited to the remedies described in this section if you violate these Terms of Use or threaten to violate these Terms of Use.

No Endorsement of Third Party Sites

This Website may contain links to or reference third party websites, resources, and advertisers (collectively “Third Party Sites”). Your linking to such Third Party Sites is at your own risk. Z Living is not responsible for the accuracy or reliability of any content, data, opinions, advice, statements, or other information made on the Third Party Sites. Z Living also is not responsible for the availability of these Third Party Sites, nor is Z Living responsible for the aesthetics, appeal, and suitability to taste or subjective quality of informational content, advertising, products, or other materials made available on or through such Third Party Sites. No endorsement of any third party content, information, data, opinions, advice, statements, goods, services, or products is expressed or implied by any information, material, or content of any third party contained in, referred to, included on, or linked from or to, the Website. Under no circumstances shall Z Living or any affiliated providers be held responsible or be liable, directly or indirectly, for any loss, injury, or damage caused or alleged to have been caused to you in connection with the use of, or reliance on, any content, information, data, opinions, advice, statements, goods, services, or products available on such Third Party Sites. You should direct any concerns to the respective Third Party Site’s administrator or webmaster. Any links to Third Party Sites do not imply that Z Living is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in, or accessible through, such links or that any linked Third Party Site is authorized to use any trademark, trade name, logo, or copyright symbol of Z Living. You may be subject to terms and conditions, which are in addition to these Terms of Use, that apply when you access any Third Party Site.

No Medical Advice

This Website and the Content are provided for informational purposes only and are not meant to substitute for the advice provided by a doctor or other health care professional, and should not be construed to be the rendering of medical or related advice. You are, instead, responsible for obtaining your own competent medical advice from qualified providers at your own expense. You must not use the information available on or through the Website (including information that may be provided on the Website by wellness, healthcare or nutrition professionals employed by, or contracting with, Z Living) for diagnosing or treating a health problem or disease or for prescribing any medication. INFORMATION PROVIDED ON OR THROUGH THE WEBSITE OR THE CONTENT AND THE USE OF ANY PRODUCTS OR SERVICES PURCHASED FROM OR THROUGH THE WEBSITE OR THE CONTENT BY YOU DOES NOT CONSTITUTE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ANY OF THE HEALTHCARE OR NUTRITION PROFESSIONALS EMPLOYED OR AFFILIATED WITH Z LIVING OR THE WEBSITE. You agree and understand that information and statements regarding dietary supplements have not been evaluated by the United States Food and Drug Administration or by any other applicable governmental agency, that such information and statements are not intended to diagnose, treat, cure, or prevent any disease, and that all product packaging should be read carefully prior to use.

12.Disclaimers

Z Living, and each of its licensors, service providers and suppliers, disclaim all liability for any inaccurate, delayed or incomplete information, and for any actions taken in reliance thereon. The information contained on the Z Living Website provided by any third party, including, without limitation, the information obtained through any link, has been supplied without verification by us. Z Living does not guarantee the accuracy, integrity, or quality of any Submissions or other user content or that such content will be entirely free of illegal, offensive, or otherwise inappropriate material or that users of the Website will not encounter inappropriate or illegal conduct from others.
Z LIVING DOES NOT WARRANT OR GUARANTEE THAT (i) THE WEBSITE OR THE CONTENT, OR ANY OF THEIR RESPECTIVE FEATURES OR FUNCTIONS, SHALL BE UNINTERRUPTED OR ERROR-FREE, (ii) DEFECTS SHALL BE CORRECTED, (iii) THE WEBSITE THE CONTENT OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE, (iv) THE WEBSITE, THE CONTENT, OR THE INFORMATION AVAILABLE THROUGH THEM SHALL CONTINUE TO BE AVAILABLE, OR (v) ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE OR THE CONTENT. Z LIVING DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING RELATING TO ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. THE WEBSITE AND THE CONTENT, AND ALL FEATURES AND FUNCTIONS MADE AVAILABLE ON, ACCESSED THROUGH, OR SENT FROM, THE WEBSITE AND THE CONTENT, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” AND MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS.
YOUR ACCESS TO, AND USE OF, THE WEBSITE AND THE CONTENT IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE AND THE CONTENT. IN NO EVENT SHALL ASIA TV BE LIABLE FOR ANY LOSS OR CORRUPTION OF DATA, AND Z LIVING HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY INFORMATION OR DATA AND OTHER COMMUNICATIONS OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OR THROUGH THE WEBSITE OR THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES WHICH ARISE OUT OF, OR RELATE TO, Z LIVING’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, PROGRAM, OR CONTENT OWNED OR CONTROLLED BY Z LIVING, INCLUDING THE WEBSITE AND THE CONTENT (INCLUDING THOSE INCORPORATING YOUR SUBMISSIONS).
YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE § 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

Limitations of Liability

NEITHER Z LIVING NOR Z LIVING’S OWNERS, PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, SHAREHOLDERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, INFORMATION PROVIDERS, SUPPLIERS, AGENTS, REPRESENTATIVES, OR ATTORNEYS SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE OR HAVE RESPONSIBILITY FOR ANY LOSS, HARM OR DAMAGE THAT RESULTS OR OCCURS FROM (i) USE OF OR ACCESS TO THIS WEBSITE OR CONTENT POSTED ON THIS SITE; (ii)ANY FAILURE OR INTERRUPTION OF THIS SITE; (iii) Any act or omission of any service provider or agent involved in making this Website or the content available to visitors (iv) any other cause related to a visitor’s access or use, or inability to access or use, any portion of this Website or content;(v) any content, materials, information, advice or opinions posted or uploaded on this Website, including any visitor reliance on such information; (vi)any security breach or any virus, bug, tampering, unauthorized intervention, fraud, error, inaccuracy, defect or technical malfunctions or (viii) any visitor’s failure to comply with these terms, whether or not the circumstances giving rise to such cause may have been within the control of Z Living. In no event will Z LIVING NOR Z LIVING’S OWNERS, PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, SHAREHOLDERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, INFORMATION PROVIDERS, SUPPLIERS, AGENTS, REPRESENTATIVES, OR ATTORNEYS BE LIABLE TO ANY VISITOR FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING THOSE ARISING FROM ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE WEBSITE OR CONTENT OR THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT (OR A THIRD PARTY SITE LINKED TO THE WEBSITE), OR ANY OTHER CAUSE; AND EVEN IF CAUSED BY THE NEGLIGENCE OF Z LIVING OR BY THE NEGLIGENCE OF Z LIVING’S RESPECTIVE LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS, AND EVEN IF ANY OF THEM HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.
THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY.

Protecting Information

The go.zliving.com Website has reasonable security measures in place to protect against the loss, misuse, and interception by third parties of the information under our control. However, complete confidentiality and security is not yet possible over the Internet. Z Living assumes no liability for any damages you may suffer as a result of interception, alteration, or misuse of any information transmitted over the Internet.

Indemnification

You shall indemnify, defend, and hold Z Living and Z Living’s owners, parents, subsidiaries, affiliates, partners, shareholders, members, managers, directors, officers, employees, contractors, agents, information providers, suppliers, agents, representatives, and attorneys harmless from and against any and all claims, liabilities, damages, losses, costs, and expenses, including court costs and reasonable attorneys’ fees, resulting from, relating or attributable to, or arising out of, (i) your failure to comply with any of these Terms of Use, (ii) your access to, or use of, the Website or the Content (including third party claims relating to content downloaded by you from the Website), (iii) your Submissions, and (iv) all use of, and activities that occur under, your account (if any) and other identification information (including any login Information) and any actions that take place through your access to the Website or the Content (whether conducted by you or another). Z Living has no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating or attributable to, or arising out of, these Terms of Use, the Website or the Content or your use of, or access to, the Website or the Content.

Marks

The Z Living names, designs, service marks, logos, trademarks, and other marks, and all third party names, designs, service marks, logos, trademarks, and other marks, appearing on the Website or on or through the Services or the Content are and shall remain the property of Z Living and their respective owners (as applicable). The use of any names, designs, service marks, logos, trademarks, trade dress, slogans, screen shots, or other brand features or marks owned by Z Living or any third party is prohibited without the prior written consent of Z Living or the applicable third party. If you are seeking permission to use names, designs, service marks, logos, trademarks, trade dress, slogans, screen shots, or other brand features or marks owned by Z Living, please contact Z Living by email at info@zliving.com or by mail at Z Living, 85 Broad Street, 18th Floor, New York, NY 10004 attn: GENERAL COUNSEL

Governing Law

These Terms of Use shall be governed by, and construed and enforced in accordance with, the laws of the State of New York, without regard to its conflict of laws provisions. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms of Use or your use of the Website or the Content reside in federal or state courts located in New York County, New York. You further expressly agree to submit to the personal jurisdiction of the courts located in New York County, New York for the purpose of litigating any such claim or action.

Miscellaneous

Except as otherwise provided in these Terms of Use (including with respect to modifications to these Terms of Use or modifications to the Website or the Content), Z Living may deliver notices to you via electronic mail or by prepaid certified mail, return receipt requested, at the address maintained in Z Living’s database; any such notice shall be deemed effectively given upon delivery. You may give notice to Z Living by prepaid certified mail, return receipt requested, at the following address: Z Living USA, 85 Broad Street, 18th Floor, New York, NY 10004 attn: General Counsel, and any such notice shall be effective upon receipt by Z Living.
These Terms of Use constitute the complete, final, and exclusive understanding between Z Living and you relating to the subject matter of these Terms of Use and govern your use of the Website and the Content, superseding all prior or contemporaneous understandings, agreements, and/or communications with respect to such subject matter.
The provisions of these Terms of Use are severable, and in the event any provision of these Terms of Use is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. Z Living’s waiver of a breach of any provision of these Terms of Use by you shall not operate or be construed as a waiver by Z Living of any subsequent breach by you.
Z Living may assign Z Living’s rights and delegate Z Living’s duties and obligations under these Terms of Use to any party at any time without notice to you. These Terms of Use are not assignable, transferable, or sub-licensable by you without Z Living’s prior, express, and written consent.
No agency, partnership, joint venture, or employment is created as a result of these Terms of Use, and you do not have any authority of any kind to bind Z Living in any respect whatsoever.
In the interpretation of these Terms of Use, except where the context otherwise requires, (i) “including” or “include” does not denote or imply any limitation, (ii) the singular includes the plural, and vice versa, and each gender includes each other gender, and (iii) captions and headings are only for reference and are not to be considered in interpreting these Terms of Use.
This Section titled “Miscellaneous” and the sections titled “Intellectual Property” (except for the licensed granted therein, which shall not survive), “Submissions,” “Permitted Users and Uses,” “Your Resources,” “Access and Features,” “No Medical Advice,” “Disclaimers of Warranty,” “Limitation of Liability,” “Indemnification,” “Marks,” and “Governing Law” shall survival termination of these Terms of Use and/or your right to access or use the Website and the Content.