ZyNex is provided to you by ZyNex Plumbing & HVAC Specialist LLC (P.O. Box 186, Gilbertsville, PA 19525), also referred to below as "ZyNex," "we," or "us." By accessing the website at https://zynexplumbinghvac.com/ (the "Website") (the Website and any associated services and tools together constitute the "Services"), you agree to be bound by this Website Terms of Use (these "terms"). If you do not agree to all of the terms, please do not access or use the Services.
Certain features of the Services may require you to register for an account or otherwise provide personal information in order to access or use those features of the Services. The Privacy Notice found at https://zynexplumbinghvac.com/privacy-policy/ applies to your use of the Services and tells you how we use and protect the information we may collect from you.
BY USING, REGISTERING WITH OR OTHERWISE ACCESSING OUR SERVICES, YOU GIVE US EXPLICIT CONSENT FOR THE COLLECTION, USE, DISCLOSURE AND RETENTION OF YOUR PERSONAL INFORMATION BY US, AS DESCRIBED IN THESE TERMS AND IN OUR PRIVACY NOTICE. IF YOU DO NOT AGREE TO OUR POLICIES AND PRACTICES AS SET FORTH IN OUR PRIVACY NOTICE, PLEASE DO NOT USE, REGISTER WITH OR OTHERWISE ACCESS OUR SERVICES.
Terms of Use
Use of the Services
We grant you the nonexclusive right to use the Services only for your personal use, subject to these terms. You are solely responsible for all content and other information that you submit via the Services (including any communications you make through the Services) and any consequences that may result from your content and other information. You must comply with applicable third party terms of agreement when using the Services (e.g. your wireless data service agreement). Your right to use the Services will terminate immediately if you violate any provision of these terms.
Restrictions on Use
As a condition of your use of the Services, you agree that you will not:
- modify, copy, publish, license, sell, or otherwise commercialize the Services or any information or software associated with the Services (including, but not limited to, underlying technology, content, or source code);
- rent, lease or otherwise transfer rights to the Services;
- use the Services in any manner that could impair any of our websites or applications in any way or interfere with any party's use or enjoyment of any such site or application;
- violate any contracts or laws, including intellectual property law;
- infringe any third-party right;
- distribute a virus, worm, contaminated file, Trojan horse, or any other technologies that may harm the Services or the interests or property of Services users;
- impose an unreasonable load on our infrastructure or interfere with the proper working of the Services;
- bypass measures used to prevent or restrict access to the Services.
Fees and Services
We may charge a fee for certain Services. If the Service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you purchase. Our fees are quoted in US Dollars, and we may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.
Our fees are non-refundable, and you are responsible for paying them when they are due. If you do not, we may limit your ability to use the Services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.
Intellectual Property & Content
We own, or are the licensee to, all right, title and interest in and to the Services, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the Services and you will not remove, obscure or alter our copyright notice, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with or by the Services.
Content displayed on or via the Services is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute, modify, reproduce, copy, sell, resell, or exploit for any purposes any aspect of the Services (other than your own content) without our express written consent.
When providing us with content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and other intellectual property rights you have in the content, in any media known now or developed in the future, for any purpose, including, but not limited to, use in marketing materials or posting on social media channels. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights or any other intellectual property or publicity rights against us, our sublicensees, or our assignees.
We have adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe copyrights or other intellectual property rights of ours and/or others.
Disclaimer of Warranties
WE DISCLAIM RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE SERVICES. THE SERVICES, INCLUDING OTHER SERVICE(S) ACCESSED BY THE APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE". WE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES. YOU ACCESS THE WEBSITE AND USE THE SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR HARDWARE DEVICE(S) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE WEBSITE OR USE OF THE SERVICES. WE CANNOT GUARANTEE CONTINUOUS, ERROR-FREE OR SECURE ACCESS TO THE SERVICES OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NOTIFICATION FUNCTIONALITY IN THE APPLICATION MAY NOT OCCUR IN REAL TIME. SUCH FUNCTIONALITY IS SUBJECT TO DELAYS BEYOND OUR CONTROL, INCLUDING WITHOUT LIMITATION, DELAYS OR LATENCY DUE TO YOUR PHYSICAL LOCATION OR YOUR WIRELESS DATA SERVICE PROVIDER'S NETWORK.
Limitation of Liability
We are not liable to you or any user for any use or misuse of the Services. This exclusion: (a) includes direct, indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised of the possibility of such damages); (b) applies whether damages arise from use or misuse of and reliance on the Services, from inability to use the Services, or from the interruption, suspension, or termination of the Services (including any damages incurred by third parties); and (c) applies notwithstanding a failure of the essential purpose of any limited remedy and to the fullest extent permitted by law.
Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether based on contract, tort, negligence, strict liability or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, or (b) $100 US dollars.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so the disclaimers in the preceding section and the above limitations and exclusions of liability may not apply to you.
Indemnification
You agree that you will indemnify and hold harmless us (ZyNex), our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents, against and from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your conduct, your use of the Services, any alleged violation of these terms, and any alleged violation of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.
Security
We reserve the right at our discretion to take whatever action we find necessary to preserve the security, integrity and reliability of our network and back-end applications.
Changes to the Services or Terms of Use
We reserve the right to make changes to the Services and/or these terms from time to time. Any material changes will take effect when you next use the Services or after 30 days, whichever is sooner. If you do not agree to any change, please discontinue your use of the Services. No other amendment to these terms will be effective unless made in writing, signed by users and by us. We may discontinue the Services at any time, in our sole discretion, with or without notice to you.
Feedback
You hereby agree that any testimonials, comments, ideas, suggestions or similar feedback that you provide to us through any medium regarding the Services ("Feedback") may be used by us for any purpose, and that we may use, reproduce, distribute, publicly perform, publicly display, modify, maintain, support and create derivative works from your Feedback without limitations. You agree to assign and hereby assign to us all rights in and to the Feedback (including intellectual property rights, artist's rights, or moral rights), and waive any and all claims and rights of any nature whosoever (including moral rights) that you may have with respect to the Feedback. In the event any rights you may have in the Feedback cannot be assigned or waived, you hereby unconditionally and irrevocably grant to us an exclusive, worldwide, fully-paid, royalty-free, sublicenseable, transferable, assignable and perpetual license to use, reproduce, distribute, publicly perform, publicly display, modify, maintain, support, and create derivative works of such Feedback in any medium or format.
Compliance with Certain Laws
Our Application or its underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Cuba, Iraq, Iran, Libya, North Korea, Syria or any other country subject to United States embargo; or (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; and you will not export or re-export this Application to any prohibited country, person, end-user or entity specified by US Export Laws.
Miscellaneous Provisions
These terms and the other policies posted on or accessed by the Services constitute the entire agreement between you and us regarding the subject matter of these terms, superseding any prior agreements relating to that subject matter. To the extent permitted by applicable law, these terms shall be governed and construed in all respects by the laws of the State of Pennsylvania without regard to principles of conflict of laws. You agree that any claim or dispute you may have against us must be resolved by a state or federal court located in Montgomery County, Pennsylvania. You and ZyNex agree to submit to the personal jurisdiction of the courts located within Montgomery County, Pennsylvania for the purposes of litigating all such claims or disputes. If we do not enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign these terms in our sole discretion in accordance with the notice provision below. Any section which, by its nature, should survive termination or expiration of these terms, will survive any such termination or expiration. Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to:
ZyNex Plumbing & HVAC Specialist LLC
P.O. Box 186, Gilbertsville, PA 19525
User Inquiries: We will send notices to you via: (a) the Services, (b) the personal information you provide, or (c) registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.