Terms and Conditions Of Use
Updated on October 15, 2012
ReadyForZero Inc. Terms and Conditions of Use
The following Terms and Conditions govern your use of this website. By using this website in any way, you acknowledge that you have read and understood these Terms and Conditions, and you agree to be bound by these Terms and Conditions. You also agree to comply with all applicable laws and regulations, including United States and foreign patent, trademark, service mark and copyright laws. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use this website or Portal (as defined below). YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. In some cases, your use of, or participation in, certain services (like ReadyForZero PLUS) may be subject to additional terms, and such terms will be presented to you for your acceptance when you sign up to use those services.
ReadyForZero Inc. ("ReadyForZero" or "us" or "we") intends to collect from you and to provide to you certain information (the "Information") via a password-protected portal (the "Portal") on our website www.ReadyForZero.com (the "Website") In consideration of the foregoing, and of other good and valuable consideration you and ReadyForZero agree to the following terms and conditions of use of the Website and Portal.
Except as otherwise indicated in this website, all right, title and interest in the works of authorship and other content contained in this Website, including but not limited to all design, text, and images, are owned, licensed, or controlled by ReadyForZero and its affiliates. All such content is protected by copyright, trademark and other forms of proprietary rights. You agree that you will not use any such content in any way that would be inconsistent with or in violation of such copyrights, trademarks and other proprietary rights.
Using the Content
Except as otherwise indicated with respect to a particular file or document provided on this Website, or with respect to any portion or section of this Website, you may view, print and make copies of the content and material presented on this Website only on your internal computer system and as part of your personal use of this Website. You may not otherwise copy, store, transmit, perform, broadcast, publish, reproduce, create a derivative work from, display, distribute, sell, license, rent, lease or otherwise transfer (either in printed or electronic format) to any third person outside of your family, company or organization any of the content or materials presented in this Website, whether for direct commercial or monetary gain or otherwise, without the prior written permission of ReadyForZero, except to the extent that such use constitutes "fair use" under the Copyright Act of 1976 (17 U.S.C. § 107).
System Requirements and Responsibility
To use this Website, you must have a personal computer or other communication device equipped with a modem or other Internet access device. You are responsible for the selection, installation, maintenance, and operation of your computer, devices and software. Neither ReadyForZero nor its affiliates is responsible for any errors, failures, or malfunctions of your computer or software. You are responsible for ensuring that your computer and software are compatible with this Website. ReadyForZero reserves the right to change the system requirements for using this Website.
Using the Website
You agree that you will not use this Website in any manner that could damage or overburden any equipment or software of ReadyForZero or its affiliates. You may not use any means of systematic retrieval of data or other content from this Website. You may not obtain, or attempt to obtain, access to any content, material or information on this Website that is protected by passwords, personal identification numbers or other required login identification through any means not expressly authorized by ReadyForZero.
Disclaimer and Limitation of Liability
ALL OF THE CONTENT AND MATERIAL ON THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED.
NEITHER READYFORZERO NOR ANY OF ITS AFFILIATES NOR ANY OF ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS OR THIRD-PARTY SERVICE PROVIDERS WILL BE LIABLE OR RESPONSIBLE TO YOU OR ANYONE ELSE FOR ANY LOSSES, INJURIES, DAMAGES, COSTS, EXPENSES OR CLAIMS CAUSED BY, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF READYFORZERO AND ITS AFFILIATES ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Neither ReadyForZero nor any of its affiliates nor any of its and their officers, directors, employees, agents, consultants, licensors and third-party service providers assume any responsibility or have any liability for the consequences of any intentional or unintentional error, omission, inaccuracy, incompleteness or untimeliness in or with respect to any of the content, information and material on this Website.
Some U.S. states and foreign countries may provide rights in addition to those above or may not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you or there may be state provisions that supersede the above. Any provision of this Disclaimer and Limitation of Liability that is inapplicable or declared invalid will be deemed severable from, and its inapplicability or invalidity will not affect the applicability, validity or enforceability of, the remainder of this Disclaimer and Limitation of Liability.
Leaving the Website
When you leave this Website, whether via a link contained on this Website or through the use of any navigational tool, the content, material and information you view after you leave this Website may not be provided by ReadyForZero or its affiliates. Except for this Website and the websites of its affiliates, ReadyForZero is not responsible for, nor has it developed or reviewed, the content on any other websites. ReadyForZero and its affiliates make no guarantees, representations or warranties as to, and will have no liability or responsibility for, any content or material provided by any third party on or through this Website, including, without limitation, the accuracy, subject matter, quality or timeliness of any such content or material. ReadyForZero and its affiliates disclaim any responsibility for the information available on any third party website that may be reached by links from this Website.
Changes to Terms and Conditions
ReadyForZero reserves the right to revise these Terms and Conditions at any time without prior notice to you. Each time you use this Website, you will be bound by these Terms and Conditions as they appear on this Website at the time you are using the Website. You should check these Terms and Conditions periodically as you use this Website to make certain you are aware of the most current Terms and Conditions.
Access Restrictions and Liability for Access
Your access to and use of the Portal will be only through the password(s) and username(s) assigned to you. You will not permit any unauthorized person or entity to access or use the Portal with any password or username assigned to you. You are solely responsible for, and you will be liable to us and to any affected third parties for, all damages, losses, fines, penalties or other costs or expenses resulting from or relating to all access to and use of the Portal by means of your computer equipment or network or by means of the username and password assigned to you, whether or not you have knowledge of or authorize such access or use.
You will promptly notify us in the event of the loss, theft or unauthorized disclosure or use of any username or password associated with your access to and use of the Portal. You will not use any device, software, or routine that interferes or attempts to interfere with the proper working of the Portal or the Website. You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure or operations of the Portal or the Website.
Grant of Limited License
We grant you a limited, non-exclusive, non-transferable license to use the Website and Portal to provide and access Information for your personal use only. You agree that you will not sublicense or provide access to the Portal or to Information from the Portal to third parties without our prior written consent. We reserve the right, in our sole discretion and without prior notice or any liability to you, to discontinue or alter the Portal or any features of the Portal including, without limitation: (a) restricting the time of availability; (b) restricting the availability and/or scope of the Portal for certain types of computers, operating systems, and/or domain names; (c) restricting the amount of access or use permitted; (d) restricting or terminating your or any other user’s right to access and use the Portal or the nature of the Information available through the Portal; and (e) changing system hardware and software.
Violations of Terms and Conditions
You acknowledge that any unauthorized access to the Portal or any unauthorized use or disposition of Information could cause irreparable harm and significant injury to us in such a way that which may be difficult to ascertain and for which we may not be adequately compensated in damages in an action at law. Accordingly, you agree that we will have the right to seek an immediate injunction in the event of any breach of these Terms and Conditions, in addition to any other remedies that may be available to us at law or in equity. In the event of any legal action brought by us to enforce the provisions of these Terms and Conditions, we will be entitled, if we prevail and in addition to any other relief granted, to recover from you the costs and expenses of such enforcement, including reasonable attorney fees.
ReadyForZero and its affiliates reserve the right to seek all remedies available at law and in equity for any violations of these Terms and Conditions, including the right to block access from particular Internet addresses to this Website.
We might place Internet cookies on your hard drive. Internet cookies are small files placed on your hard drive for record-keeping purposes. Cookies are used to (a) remind us of who you are in order to deliver you better service; (b) estimate our audience size by determining repeat usage of the Website to help target advertisements based on user interests and behavior; (c) track your progress and entries in promotions and contests; and (d) measure certain traffic patterns for use as a research tool to understand how our users' habits are similar or different from one another. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. By not accepting cookies, some web pages may not display properly or you might not be permitted to access certain information or take advantage of certain services. We also collects IP addresses (the Internet address of a computer) to track a user's session while the user remains anonymous. We analyze this data for certain trends and statistics, such as which parts of our Website users are visiting and how much time they spend there. In general, we do not link your IP addresses to anything personally identifiable to you. In those limited cases where session information is not anonymous, we will provide notice of the practice and an opportunity to "opt out." Advertising networks that serve ads onto the Website might also use their own cookies. The content of those cookies and the use of the information they contain is controlled by the third party advertising network placing them, not by us.
We collect the following information regarding all visits to our website, including visits by those who do not become registered users of ReadyForZero’s services: the URL address of the computer from which the visit is made; information regarding the pages, links, banners, icons, advertisements and other parts of the website that are accessed or clicked on during a visit to the website; information regarding the date, time and duration of the visit; and information volunteered by visitors, such as survey information.
Information Provided By You
The information that you provide - including name, address, email, and any information about your financial situation - is not sold to third parties. Some of your information - such as name, address, and financial information (including payment history, credit card debt, checking and other financial data) - is retained in encrypted form so that our software can continuously identify viable options for you using our software and proprietary algorithm. We may use your name and email information to send you service related notifications, including any notices required by law. You can control the receipt of service related messages on the "Account Settings" page after logging in.
Sharing of User Data
As part of our business, we may pass to our service partners some information regarding visits and visitors to the Website. Our service partners may use this information solely for purposes of service fulfillment and customer identification and verification. We will not disclose contact or demographic information of any individual Website visitor to advertisers or any other outside organization without the express permission of the individual. We do not sell or rent our customer lists. We may share information you provide, as described above, with some of our business partner and trusted service providers to provide a service you requested, to comply with legal requirements, or to provide you with additional offers from our trusted partners that may interest you. However, we will never share your credit information with anyone without your explicit written permission. In case of mergers, business dissolution, purchase or sale of business assets, we may share customer, email and visitor information needed to complete such transactions.
Non-Personally Identifiable Information
We may share non-personally identifiable information - such as website usage, visitors, number of clicks, bounce rates from certain landing pages and referring URLs - with interested third parties to help them understand the usage statistics of our site. In these cases, we will not provide personally identifiable information.
Privacy and Security Policy
We regard your privacy and security with the utmost importance, and we are committed to safeguarding any information that you share with us. In order to provide our services to you, we must obtain the Information, which includes personal information regarding your accounts and financial relationships. We collect only the information you knowingly provide to us or specifically authorize us to obtain on your behalf. Our priority is to keep this information secure and to use it only as you authorize.
All of your personal and financial information will be placed on a secure portion of our Website. We have multiple levels of security that have been designed especially for us. For a complete statement of our privacy practices, please see our Privacy Notice (http://privacy-policy.truste.com/verified-policy/www.readyforzero.com).
Gathering email addresses from ReadyForZero through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other users is prohibited. Inquiries regarding a commercial relationship with ReadyForZero should be directed to: firstname.lastname@example.org
You will indemnify, defend, protect and hold harmless ReadyForZero Inc. and its successors, owners, officers, employees, affiliates and agents from and against any losses, liabilities, damages, penalties, fines, forfeitures, judgments, fees, costs and expenses, including, without limitation, attorneys’ fees, relating to any claim, demand, defense, allegation or assertion, including by any third party, based on or grounded upon, resulting from or relating to (a) your access to and use of the Website and Portal, (b) a breach by you of these Terms and Conditions, or (c) your failure to perform your obligations, duties or agreements in compliance with these Terms and Conditions.
We may immediately suspend or terminate your access to this Website and the Portal for any reason or no reason without any prior notice to you.
Monitoring of Use
Your use of the Portal may be monitored by us or by service providers or vendors retained by us for such purpose, and that we may use all of the information regarding your use of the Portal for our internal business purposes or in accordance with the rules of any applicable regulatory or self-regulatory organization.
These Terms and Conditions and your use of this Website are governed by and will be construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of laws.
If any portion of these Terms and Conditions is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms and Conditions as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms and Conditions that is unlawful, void or unenforceable shall be stricken from these Terms and Conditions. You agree that if ReadyForZero does not exercise or enforce any legal right or remedy which is contained in these Terms and Conditions (or which ReadyForZero has the benefit of under any applicable law), this will not be taken to be a formal waiver of ReadyForZero’s rights and that those rights or remedies will still be available to ReadyForZero. All covenants, agreements, representations and warranties made in these Terms and Conditions shall survive your acceptance of these Terms and Conditions.