Users’ access to and use of the TtrTotter, LLC (“The Zest Lab”, “we”, “us”) website is subject to the following terms and conditions and all applicable laws. By accessing or using the website, you acknowledge that you have read this agreement and agree to be bound by this agreement and its terms. If you do not agree to be bound by the terms of this agreement then you are not permitted to use this website. We may revise these terms and conditions from time to time, which changes will be effective upon the posting of updated terms and conditions on this website. No other notice will be provided.
Communications with Us
All communications, including but not limited to information, remarks, suggestions, ideas, questions, or comments, transmitted to The Zest Lab via this website or Internet electronic mail (collectively, “Submissions”) become and remain the exclusive property of The Zest Lab. Any attempted retention of copyrights or other rights by the user in such Submissions shall be of no force or effect, and shall not bind or apply to The Zest Lab. The Zest Lab shall have no obligation to keep any Submissions confidential. THE ZEST LAB CAN NOT AND DOES NOT GUARANTEE THE CONFIDENTIALITY OF TRANSMISSIONS OVER THE INTERNET, INCLUDING ANY TRANSMISSION OF PERSONAL INFORMATION BY YOU TO THE ZEST LAB. The Zest Lab is entitled to use any information or communication submitted for any purpose without restriction (including but not limited to the reproduction, publication, disclosure, broadcast, posting, and compilation of such information or communication or developing products and services incorporating the same) or compensation to the person sending the submission. Each person sending Submissions affirms the ownership and the right to provide the Submissions to The Zest Lab, represents and warrants to The Zest Lab that no third person has any rights in the Submissions that would be violated by The Zest Lab use thereof, acknowledges the originality of any submission communicated to The Zest Lab, and accepts entire responsibility for its accuracy, appropriateness, and legality (including without limitation compliance with any federal or state intellectual property statutes, regulations, and common law rules).
The Zest Lab is not responsible for technical, hardware, or software failures of any kind; lost or unavailable network connections; incomplete, garbled, or delayed computer transmissions. The Zest Lab makes no warranty or guarantees that the contents of this website are error-free, that this website will operate in an uninterrupted or error-free manner, or that this website is or will be free of viruses or other harmful code. It is up to each user to take any and all precautions to ensure that the information accessed and used from this site or any hyperlinked website is free of such items as viruses, worms, trojan horses, and other destructive items. Changes may be made to the contents and software at this website, and the products and services described within or offered on this website, at any time without notice.
The Zest Lab strives to include accurate and up-to-date information on this website. ALL USERS AGREE, HOWEVER, THAT THIS SITE, ANY PRODUCTS OR SERVICES OFFERED ON OR THROUGH THIS SITE, ANY WEBSITE ACCESSED THROUGH THIS SITE, AND THE ENTIRE CONTENTS AND SOFTWARE OF THIS SITE AND SUCH OTHER SITE(S), ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
LIMITATION OF LIABILITY
BY USING THIS WEBSITE, YOU AGREE THAT The Zest Lab WILL NOT FOR ANY REASON OR CIRCUMSTANCE, AND REGARDLESS OF LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES, HOWEVER, CAUSED, AND REGARDLESS OF CHARACTER, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF The Zest Lab HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY APPLIES, BY WAY OF EXAMPLE BUT WITHOUT LIMITATION, TO ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH (i) YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THIS WEBSITE (INCLUDING ANY PRODUCT OR SERVICE OFFERED ON OR THROUGH THIS WEBSITE) OR ANY HYPERLINKED WEBSITE, OR (ii) ANY ERRORS OR OMISSIONS IN THE CONTENT OF, OR PERFORMANCE OF THE SOFTWARE ON, THIS WEBSITE (INCLUDING ANY PRODUCT OR SERVICE OFFERED ON OR THROUGH THIS WEBSITE) OR ANY HYPERLINKED WEBSITE. IN THE EVENT (i) THE EXCLUSION OF IMPLIED WARRANTIES OR OF CONSEQUENTIAL OR INCIDENTAL DAMAGES or (ii) ANY OTHER TERMS OR CONDITION STATED IN THIS WEBSITE IS HELD TO BE INAPPLICABLE OR UNENFORCEABLE IN WHOLE OR IN PART WITH RESPECT TO ANY USER OR JURISDICTION, ALL REMAINING LIMITATIONS AND EXCLUSIONS OF LIABILITY AND OTHER TERMS AND CONDITIONS STATED ON THIS WEBSITE SHALL CONTINUE TO APPLY WITH FULL FORCE AND EFFECT, AND THE EXCLUSIONS THAT HAVE BEEN HELD TO BE INAPPLICABLE OR UNENFORCEABLE SHALL BE AUTOMATICALLY DEEMED AMENDED AND SHALL BE ENFORCED TO PROVIDE THE MAXIMUM LIMITATION ON LIABILITY PERMITTED BY APPLICABLE LAW.
Information on this website includes descriptions of products and services that may be acquired from The Zest Lab. The sale of any such products or services shall be governed exclusively by the agreement between the purchaser and The Zest Lab, which shall supersede any conflicting terms and conditions stated on this website. In the absence of a statement to the contrary in any such agreement, any sales by The Zest Lab made through this website shall be governed by and interpreted pursuant to the laws of the Commonwealth of Virginia, United States of America, without giving effect to any conflicts of laws principles that would cause the laws of another jurisdiction to be applied, and venue shall rest exclusively in the courts situated in the Commonwealth of Virginia. You must bring any claim or cause of action arising from or relating to this agreement, the website, or the content within two (2) years from the date on which such claim or action arose.
Change or Deny Access
The Zest Lab reserves the right, at any time with or without prior notice, to change the website, limit access to the website, or shut down the website.
No Consultant – Client Relationship
Receipt of information from www.thezestlab.com, use of the site, or any email sent to The Zest Lab, or its consultants, through www.thezestlab.com will not create a consultant-client relationship. No relationship exists until a formal contract is agreed to in writing by both parties.
When you visit the website or send e-mails or other digital communications to The Zest Lab, you are communicating with The Zest Lab electronically. You consent to receive communications from The Zest Lab electronically. The Zest Lab may communicate with you by e-mail, short message service, or by posting notices on the website or any of its digital channels. You agree that all agreements, notices, disclosures, and other communications that The Zest Lab provides to you electronically satisfy any legal requirement that such communications be in writing. You may be given the option to “opt-out” of receiving digital communications.
Data Collection Processes
Users are prohibited from doing any of the following data collection processes on the Site:
- article spinning
- data extraction
- data harvesting
- data mining
This Site and all information, documentation, and other content (“Content”) posted in or on this Site are subject to copyright belonging to The Zest Lab. All rights reserved. Unless stated to the contrary, all content presented on this website belongs to The Zest Lab. The appearance of this Site, including icons and graphics, are The Zest Lab property. By making this Content available on this site, The Zest Lab is not waiving any proprietary rights (including copyrights or trademarks) in such Content and is not transferring its rights to the user or any third party. The Content is protected to the fullest extent provided by the U.S. and international copyright laws. All users of this website agree (i) not to copy, reproduce, retransmit, publish or other disseminate any information contained on this website except as permitted by applicable copyright or other laws; and (ii) that in the event any permitted use of information from this website is made, the user shall not remove the copyright or other notices from any content you may be copied, taken or derived from this Site. Without limiting any rights of The Zest Lab, Users are expressly prohibited from selling republishing or copying any content from this Site without the prior written consent of The Zest Lab, except for the user’s individual use. To share information contained on this website with other persons, users are advised to send the applicable URL to enable the other persons to access directly the desired page(s) of this website.
As a convenience to the user, this website may provide portals or links to other websites. The Zest Lab makes no representations about the content of, and does not endorse, any such third-party sites.
Trademarks and Servicemarks
The product and service names and logos used on this website are servicemarks/trademarks or registered servicemarks/trademarks of The Zest Lab. Other products, services, and company names mentioned on this website are the trademarks of their respective owners. Unauthorized use is prohibited.
Questions & Contact Information
If you have any questions regarding the use of the site please contact us at firstname.lastname@example.org.