Welcome to ZepInvest.com!
General. This Agreement governs your use and subscription to the services and content (hereinafter “Service”) offered by ZepFrog Corp. doing business as ZepInvest. Other terms and conditions may apply, as they pertain to each Publisher and/or Content Provider individually. If you are becoming a subscriber to our Service, modifying or renewing a subscription, please check the “I AGREE” box to indicate that you agree to be bound by the terms of this Agreement. To the extent you have access to, or are using, the Service without having completed our registration process and/or checked the “I AGREE” box, you are hereby notified that your continued use of the Service is subject to all the terms of this Agreement except where indicated otherwise.
As a subscriber, you agree to provide ZepInvest with complete and accurate billing and contact information. This information includes your name, street address, e-mail address, and name and telephone number of an authorized billing contact. You agree to keep your information current. Please note that your information may be stored and processed in the United States or any other country where ZepInvest, its affiliates, Publishers, Content Providers, service providers or licensors may have servers, offices, and by using ZepInvest, you consent to the transfer of information outside of your country. If you access ZepInvest using a password, you are solely responsible for maintaining the confidentiality of that password. ZepInvest will not be held responsible if your registration information including any passwords may become public for any reason. You are responsible for all activity occurring under your ZepInvest subscription account (hereinafter “Account”). Your Account is not transferable and you are not permitted to give someone else access to your Account. You agree to notify us promptly if you change your e-mail address, so we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your e-mail address shall be deemed sufficient notice. If you believe someone has accessed your Account without authorization express or implicit, you must notify us immediately. We reserve the right to delete your data for any reason.
Free Trial. If you access ZepInvest as part of a free trial or otherwise without becoming a subscriber, you are hereby notified that all of the terms and conditions of this Agreement except the sections labeled “Fees and Payments” and “Renewal” apply to your use and access of the Service. Each individual is strictly limited to one free trial.
Fees and Payments. As a subscriber, you agree to pay the subscription fees and any other charges incurred in connection with your use of our Service, including any applicable taxes, at the rates in effect when the charges were incurred. If your subscription includes access to areas or services not part of your subscription, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas. We will bill all charges automatically to your credit card. Subscription fees will be billed at the beginning of your subscription period or on any renewal. Unless we state in writing otherwise, all fees and charges are nonrefundable. Please note that we reserve the right to change fees, however, in such event the change will not affect your current subscription and the change will be effective upon renewal or upon a new subscription. You are responsible for any fees or charges you may incur to access ZepInvest through an Internet access provider or other third-party service providers.
Renewal. Your subscription will renew automatically, unless we terminate it or you notify us by e-mail of your decision to terminate it. For annual subscriptions, we will notify you of the pending renewal of your subscription at least 30 days prior to the date your subscription renews, except as otherwise required by law. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.
Termination or Suspension. Any right to use ZepInvest automatically terminates if you violate or abuse this Agreement or any other agreement, policy, rule or guideline found on ZepInvest. We may terminate your account for any reason at our sole discretion without any prior notice. If your subscription is suspended you may continue to be charged during the period of suspension. You agree that ZepInvest may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. If ZepInvest initiates termination of this Agreement, you will receive a refund pro-rated to the remaining time under your subscription calculated on a monthly basis.
Change of Service. From time to time we may change our Content Providers and/or Publishers and we reserve the right, in our sole discretion, to terminate or limit access to all or part of ZepInvest or to discontinue or change the Service for any reason, with or without notice. Any change in our Service shall not give right to a refund or claims of or to any other damages.
Limitations on Use.
Content. Please note that we republish content from various Publishers and/or Content Providers and as such we are not responsible for the content made available by and through such Publishers and/or Content Providers.
Third-Party Websites, Services and Software. We may link to, or promote, websites or services from other companies or offer you the ability to download software from other companies. You agree that we are not responsible for examining or evaluating the content of their websites, and we do not warrant the offering of any of those businesses or individuals, and do not control, those web sites, services and software. Furthermore, ZepInvest will not be held liable for any loss, damage, liability or expense that may accompany or result from linking, including but not limited to, any computer virus; technical, hardware or software failures of any kind; lost or unavailable network connections; or failed, incomplete, garbled or delayed computer transmissions. Once you leave ZepInvest website and link to an external site, the ZepInvest linking and other policies no longer apply and you will be subject to the new site’s policies. You should carefully review their privacy statements and other conditions of use.
No Advice. We DO NOT give or endorse tax, investment or any other financial advice or advocate the purchase or sale of any security, investment or any other financial vehicle. You should always seek the assistance of a professional for any tax and investment advice. The Content is distributed with the understanding that it is for information purposes only. Neither ZepInvest or Content Providers are engaged in rendering legal, accounting, or other professional services. Under no circumstances is the Content to be used or considered as an offer to buy or sell a security. The information is solely for subscribers who must recognize that the investment advice and investments referred to within the Content might not be suitable based on individual circumstances. The value of securities mentioned in the Content can go down as well as up and there is no assurance that you will get back the full amount of the original investment or subsequent investments. Subscribers are expected to make their own investment decisions without reliance on Content, having considered whether all or any of the investments covered are suitable for themselves. If there is doubt about the investment, the subscriber is advised to consult an independent advisor or seek additional research. Investments in securities that are denominated in a currency other than the US dollar have additional risk that changes in foreign exchange rates may have an adverse effect on the value of the investment. ZepInvest and Content Providers and their officers shall have no liability whatsoever for any direct and/or consequential loss arising from the use of its content.
Trademarks and Service Marks and Patents. Logos of ZepInvest and ZepFrog or Logos of other companies appearing on ZepInvest are trademarks, service marks or registered trademarks of their respective companies and may not be copied, used or imitated, in whole or in part, without the prior written permission. You may not use meta tags or any other “hidden text” using any of the above-referenced marks without ZepInvest’s permission. Additionally, all page headers, graphics, icons, and scripts are service marks, trademarks, and/or trade dress of ZepInvest, may not be copied, imitated, or used, in whole or in part, without ZepInvest’s prior written permission. All other logos or names mentioned on the ZepInvest website, or any other trademarks, registered or otherwise, are the property of their respective owners. References made to any products, services, processes or other information, by trademark, trade name, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by ZepInvest. Portions of ZepInvest and ZepFrog may be protected by patents granted or patents pending.
Copyright and License. All copyrighted and copyrightable materials on ZepInvest, including but not limited to the text, design, logos, slogans, manuals, product or service information, graphics, video, images, pictures, sounds, design, organization and the selection, compilation, arrangement, look and feel, advertising and all other protectable intellectual property thereof (hereinafter collectively “Content”) are Copyright © 2008 of ZepFrog Corp, its affiliates, Publishers, Content Providers and/or licensors.
Furthermore, you are not given any other right or license, by implication, estoppel or otherwise, in or under any patent, trademark, or proprietary right of ZepInvest or any third-party. Any unauthorized use of the ZepInvest website will terminate the permission or license granted by ZepInvest to you under this Agreement and may violate applicable state, federal or international laws, including but not limited to copyright laws, trademark laws including ‘trade dress’, and communications regulations and statutes.
Procedures for Making Claims of Copyright Infringement. We respect the intellectual property of others. If you believe that your work has been copied and is accessible on ZepInvest in a way that constitutes copyright infringement, please provide the ZepInvest’s agent (listed below) the following information, in writing:
Prior to sending such information, please check if your company has a licensing arrangement with ZepInvest.
ZepInvest’s copyright agent for notice of claims of copyright infringement can be contacted at:
Via mail: ZepInvest, 99 1st Street, Cambridge, MA 02141
or by E-mail: copyright@ZepInvest.com
DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT AVAILABLE THROUGH THE SERVICES IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ZEPINVEST AND ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, PUBLISHERS, CONTENT PROVIDERS, LICENSEES AND LICENSORS (“THE ZEPINVEST PARTIES”) SHALL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THESE EXCLUSIONS APPLY TO ANY AND ALL CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING FROM YOUR ACCESS, FAILURE TO ACCESS, USE OR FAILURE TO USE OR RELIANCE UPON THE SERVICE FOR ANY REASON INCLUDING BY NOT LIMITED TO OUR OR A THIRD-PARTY’S SERVER MALFUNCTION.
AS SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE ZEPINVEST PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF ZEPINVEST. IN NO EVENT SHALL OUR LIABILITY OR THE LIABILITY OF OUR PARENT COMPANY, AFFILIATES, CONTENT PROVIDERS OR LICENSORS FOR ANY AND ALL CLAIMS RELATING TO THE USE OF ZEPINVEST EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION FEES THAT YOU PAID US FOR THE SPECIFIC SERVICE AT ISSUE.
International Use. We make no representation that Content on ZepInvest is appropriate or available for use in locations outside the United States, and accessing it from territories where the Content is illegal is prohibited. If you choose to access ZepInvest from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.
Indemnification. Upon a request by us, you agree to defend, indemnify, and hold harmless us, our affiliates other Publishers, Content Providers and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of ZepInvest. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Electronic Delivery and Your Consent. You agree that we may electronically provide you with any required notices, agreements and other information concerning ZepInvest. We will post the notices on the home page of our website or on the relevant web page. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of ZepInvest.
General. This Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. If any part of the User Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect and binding to the benefit of ZepInvest. We may discontinue or change the Service, or their availability to you, at any time and without notice. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, United States of America. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in Massachusetts. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. ZepInvest may freely assign this Agreement without consent or prior notice.