The Member Agreement below is effective for all members Last Updated on May 21, 2018
Unhalt LLC, Doing business as Zeeker, User Terms and Conditions
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.zeeker.com website or “Zeeker” Chrome extension (the "Service") operated by Unhalt LLC, a company organized under the laws of the state of Delaware, doing business as Zeeker ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.
In using the Service, you must behave in a civil and respectful manner at all times. Further, you will not:
Zeeker has the right, but not the obligation, to monitor all conduct on and content submitted to the Service.
Our Service may contain links to third-party websites or services that are not owned or controlled by Zeeker. Zeeker has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Zeeker shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Zeeker respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in our Copyright and DMCA Policy, which is incorporated into this Agreement. For other intellectual property claims, please send us a notice at legal@Zeeker.com.
You agree to defend, indemnify and hold harmless Zeeker and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on and through the Service.
In no event shall Unhalt LLC doing business as Zeeker, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. To the fullest extent permitted by law we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses.
Your use of the Service is at your sole risk. Zeeker reserves the right to modify the Service. Zeeker reserves the right to monitor content for obscenity but is not required to. By using the Service, you acknowledge that you may encounter obscenity in the Service and that Zeeker is not responsible for any harm or injury that may result therefrom. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Service. We have no obligation to screen or monitor any content or users and do not guarantee that any content available on the Service complies with this Agreement or is suitable for all users. The Service is provided on an "AS IS" and "AS AVAILABLE" basis and is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. Additionally, Zeeker does not promote, endorse or warrant anyone who uses the Service and any other user. Zeeker, its subsidiaries, affiliates, and its licensors do not warrant that a) the Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service are free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. Zeeker makes no representations or warranties regarding the following:
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Service, and no warranties shall apply after such period.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Zeeker ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Zeeker or any person for whom Zeeker is responsible, and even if Zeeker has been advised of the possibility of such loss or damage being incurred.
This Agreement shall be governed by the laws of the state of Delaware and the United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply. In any action arising out of or relating to the Agreement or your use of the Service, Zeeker and you irrevocably waive any right to a trial by jury.
Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Zeeker in exercising any right hereunder will waive any further exercise of that right. Zeeker’s rights and remedies hereunder are cumulative and not exclusive.
This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Zeeker’s prior written consent. No third party shall have any rights hereunder.
This Agreement may not be modified except by a revised Terms of Service posted by Zeeker on the Site, through the extension, or a written amendment signed by an authorized representative of the Company. A revised Terms of Service will be effective as of the date it is posted on the Site.
The notice should be sent to email@example.com.
Zeeker reserves the right to review the allegedly infringing material and independently determine whether it is infringing.
We may display a copy of your DMCA notice in place of the removed content.
If you believe material you posted to or through Zeeker’s site was not infringing, you can submit a counter-notice.
A counter-notification must include the following:
A scanned physical signature or a valid electronic signature is fine.
The notice should be sent to firstname.lastname@example.org.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. If you are concerned about protecting your anonymity, please consult with an attorney about other options.
Please also be advised that in appropriate circumstances we terminate repeat infringers.
You consent to receive all communications including notices, agreements, disclosures, or other information from Zeeker electronically. Zeeker may provide all such communications by email or by posting them on the Service. For support-related inquiries, you may contact us. You may send notices of a legal nature to Zeeker at email@example.com or the following address:
55 E Monroe, Suite 3800, Chicago, IL-60603
Nothing herein shall limit Zeeker’s right to object to subpoenas, claims, or other demands.
This Agreement constitutes the entire understanding between Zeeker and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
BY CONTINUING TO USE OUR SITE, YOU AGREE TO ABIDE BY THESE SITE TERMS.