Terms & Conditions
The 'ZestoftheRest' website ('Website') is operated by Prabhu Inc., a North Carolina Corporation. Your use of the website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out below ("Terms and Conditions"). The Terms and Conditions govern your use of the website and the materials and information accessible on or from the website. You should read the Terms and Conditions now. The Website reserves the right to amend the website and the Terms & Conditions at any time and from time to time without notice to you. Your continued use of the website after any amendment to the Terms and Conditions constitutes an agreement by you to abide and be bound by the Terms and Conditions, as so amended. Your use of the website means you accept these Terms and Conditions. You must not access, browse or use this website unless you agree to be bound by the Terms and Conditions set out below. If you do not agree with these Terms and Conditions you must not visit or use the website.
LIMITATION OF LIABILITY
The Website will in no way be liable for any direct, indirect, incidental, special or consequential loss or damage (including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss), resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorized access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if the Website or related entities of Prabhu Inc. have been advised of the possibility of such loss or damage.
You should not send any information or material that you consider to be confidential or proprietary, to the Website or any other person, through this website. Any information or material sent to the Website at or through this website is deemed to be not confidential. You are deemed to grant to the Website an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute all materials or information sent by you to or through this website. The Website is free to use any ideas, concepts, know-how or techniques that you send to the Website for any purpose.
Prabhu Inc. is the copyright owner of the content of the website or is licensed by the copyright owner to use the content on the website. You must not in any form or by any means:
1. Copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on this website.
2. Alter, decompile, disassemble, reverse engineer, or modify any material or information that you receive from this website or which can be accessed through this website.
3. Perform in public or transmit in any form by any process, including but not limited to graphic, electronic or mechanical, including further copying, recording or by a information storage and retrieval system, any of the information or material on this website without specific prior written consent of the Website.
4. Use or apply, for commercial purposes any material or information on this website, without the prior written consent of the Website.
All trademarks, brand names appearing on this website are the property of their respective owners. Nothing contained on this website is intended to grant any express or implied right to you to use or exploit any patent, copyright, trademark or trade secret information.
You agree that your access to, and use of, this website is subject to these Terms & Conditions and all applicable laws, and is at your own risk. While the information and material contained on the website is believed to be accurate and current, it is provided by the Website in good faith on an 'as is' basis. The Website and related entities of Prabhu Inc. and the directors, officers and employees of Prabhu Inc. accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained in the website. Any reference to products or services on this website is for information purposes only and does not constitute an endorsement or a recommendation of those products or services by the Website. The Website expressly disclaims any implied or express warranties or conditions of any kind, including warranties of quality, or non infringement of intellectual property rights relating to information or materials accessible from or on this website. The Website shall not be liable to you for any damages resulting from use of or reliance on the materials or information on this website or any other loss or damage whatsoever including, but without limitation, special, indirect, consequential or incidental loss or damage (including but not limited to loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use of any indirect, remote, abnormal or unforseeable loss), or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, even if the Website is expressly advised of the possibility of such loss or damage.
By using this website and agreeing to the Terms & Conditions, you agree to indemnify ZestoftheRest, Prabhu Inc. and its employees, officers, agents, shareholders and other persons involved in the creation of this website and hold Prabhu Inc. and it s employees, officers, agents, shareholders and other persons involved in the creation of this website harmless against all loss, actions, proceedings, costs (including legal costs), expenses, claims, penalties, fines, expenses and damages arising from or in relation to any breach by you of these Terms & Conditions, your access and/or use exploitation of the website or reliance on its content or information received through it by yourself or any person accessing any content through the website and as a result of any use or exploitation by you of any material posted by any third party or any other website, or both. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches.
LINKS AND THIRD PARTY STATEMENTS
The website contains links to websites not maintained, controlled or associated with ZestoftheRest. The Website makes no endorsements, representations or warranties about any other websites which you may access through this website ("Other Websites"). When you access one of the Other Websites, that other website is independent from this Website, and ZestoftheRest has no control over the content on that other website. Any link to any of the Other Websites is provided as a convenience to users of this website. Other Websites are not under the control of the Website, and the Website is not responsible for the accuracy of any information on any of the Other Websites. The Website does not monitor or review the content of any of the Other Websites. You must take your own precautions to ensure that any of the Other Websites that you access via links from this website is free from viruses, worms, Trojan horses and other material of a destructive nature.
The Website will not monitor or review statements made by persons other than ZestoftheRest ("Third Parties") on this website. Third Parties may post statements or information on some portion of this website, from time to time ("Third Party Posted Material"). The Website makes no representations to you in relation to about the accuracy, quality, legality, ownership or other aspect of any Third Party Posted Material. The Website expressly disclaims any liability to you for all Third Party Posted Material. Without limitation, the Website is not liable to you or any other person for any direct, indirect, special or other consequential damages arising out of any use of this website, the use of any other hyper linked website, the use of any of the Other Websites or any Third Party Posted Material, and including but without limitation, any loss of profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if the Website has been expressly advised of the possibility of such loss or damages.
You must indemnify and keep indemnified ZestoftheRest in respect of all loss and expense suffered by you as a result of any use or exploitation by you of any Third Party Posted Material or any Other Website, or both.
MALWARE & VIRUSES
The Website does not represent that any information (including any file) obtained from or through the website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. The Website will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on the Website, it shall be limited to the cost of re-supplying that information.
These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the state of North Carolina. You agree to submit to the non-exclusive jurisdiction of the courts of the state of North Carolina.
This website may be accessed throughout the United States of America and overseas. The Website makes no representation that the content of this website complies with the laws (including intellectual property laws) of any country outside USA. If you access this website from outside USA, you do so at your own risk and are responsible for complying with the laws in the place where you access the website.
LIMITATION ON USE
The Website may revise or alter these Terms & Conditions at any time. Revisions and alterations will be posted on this website. Users are responsible for reviewing this website from time to time to ensure compliance. If the Website makes a request to you to stop using this website or to promptly return or destroy copies of information provided on this website, you must immediately comply with that request, and confirm in writing to the Website within five (5) business days after that request, that you have done so.
Any indemnity, agreement, representation or promise provided by you to the Website as set out in these Terms & Conditions shall be taken to be an indemnity, agreement, representation or promise also provided by you to the employees, officers, agents and shareholders of Prabhu Inc. and any related entity of Prabhu Inc. in relation to this website.