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Terms and Conditions
Updated: May 24th, 2009
By clicking on the 'submit' button displayed on the sign-up page, you and any additional users that you create, agree to the following 'Terms & Condition' for using ProjectMgr.net. If you do not agree to these "Terms & Condition', do not proceed.
ProjectMgr.net reserves the right to update and change the Terms of Service from time to time without notice.
ProjectMgr.net is owned and operated by Zartech, Inc.
The following terminology applies to these Terms and Conditions, Privacy
Statement and Disclaimer Notice and any or all Agreements:
"Client", “You” and “Your” refers to you, the person accessing this website and
accepting the Company's terms and conditions. "The Company", “Ourselves”, “We”
and "Us", refers to our Company -Zartech, Inc. “Party”, “Parties”, or “Us”,
refers to both the Client and ourselves, or either the Client or ourselves. All
terms refer to the offer, acceptance and consideration of payment necessary to
undertake the process of our assistance to the Client in the most appropriate
manner, whether by formal meetings of a fixed duration, or any other means, for
the express
purpose of meeting the Client's needs in respect of provision of the Company's
stated services/products, in
accordance with and subject to, prevailing US Law. Any use of the above
terminology or other words in the singular, plural, capitalization and/or he/she
or they, are taken as interchangeable and therefore as referring to same.
Privacy Statement
We are committed to protecting your privacy. Authorized employees within the
company on a need to know basis only use any information collected from
individual customers. We constantly review our systems and data to ensure the
best possible service to our customers. There are specific offences for
unauthorized actions against computer systems and data. We will investigate any
such actions with a view to prosecuting and/or taking civil proceedings to
recover damages against those responsible
Confidentiality
Client records are regarded as confidential and therefore will not be divulged
to any third party, other than if legally required to do so to the appropriate
authorities. Clients have the right to request sight of, and copies of any and
all Client Records we keep, on the proviso that we are given reasonable notice
of such a request.
We will not sell, share, or rent your personal information to any third party
or use your e-mail address for unsolicited mail. Any emails sent by this Company
will only be in connection with the provision of agreed services and products.
Disclaimer
Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To the fullest
extent permitted by law, this Company:
◙ excludes all representations and
warranties relating to this website and its contents or which is or may be
provided by any affiliates or any other third party, including in relation to
any inaccuracies or omissions in
this website and/or the Company's literature; and
◙ excludes all liability for damages arising
out of or in connection with your use of this website. This includes, without
limitation, direct loss, loss of business or profits (whether or not the loss of
such profits was foreseeable, arose in the normal course of things or you have
advised this Company of the possibility of such potential loss), damage caused
to your computer, computer software, systems and programs and the data thereon
or any other direct or indirect, consequential and incidental damages. The above
exclusions and limitations apply only to the extent permitted by law. None of
your statutory rights as a consumer are affected.
License Grant & Restriction
Your login may only be used by one person – a single login shared by multiple
people is not permitted. You may create separate logins for as many people as
your plan allows.
Payment
Personal Cheque, all major Credit/Debit Cards are all acceptable methods of
payment. Our Terms are payment in full within thirty days.
The Service is billed in advance
on a monthly basis and is non-refundable.
Cancellation Policy
You are solely
responsible for properly canceling your account. You can cancel your account at
any time by going to the 'Contact Us' page and letting us know using the email
form. If you cancel the Service before the end of
your current paid up month, your cancellation will take effect immediately and
you will not be charged again.
Termination of Agreements and Refunds Policy
Both the Client and ourselves have the right to terminate any Services Agreement
for any reason, including the ending of services that are already underway.
Please note: All of your Content will be immediately deleted from the Service
upon cancellation. This information can not be recovered once your account is
cancelled.
Availability
The Company does not warrant that the service from this site will be
uninterrupted, timely or error free, although it is provided to the best
ability. By using this service you thereby indemnify this Company, its
employees, agents and affiliates against any loss or damage, in whatever manner,
howsoever caused.
Log Files
We use IP addresses to analyze trends, administer the site, track user's
movement, and gather broad demographic
information for aggregate use. IP addresses are not linked to personally
identifiable information. Additionally, for systems administration, detecting
usage patterns and troubleshooting purposes, our web servers automatically log
standard access information including browser type, access times/open mail, URL
requested, and referral URL. This information is not shared with third parties
and is used only within this Company on a need-to-know basis. Any individually
identifiable information related to this data will never be used in any way
different to that stated above without your explicit permission.
Cookies
Like most interactive web sites this Company's website [or ISP] uses cookies to
enable us to retrieve user details for each visit. Cookies are used in some
areas of our site to enable the functionality of this area and ease of use for
those people visiting.
Links to this website
You can create a link only to the home page of this website. You may not create
a link to any page of this website without our prior written consent. If you do
create a link to a page of this website you do so at your own risk and the
exclusions and limitations set out above will apply to your use of this website
by linking to it.
Links from this website
We do not monitor or review the content of other party's websites which are
linked to from this website. Opinions expressed or material appearing on such
websites are not necessarily shared or endorsed by us and should not be regarded
as the publisher of such opinions or material. Please be aware that we are not
responsible for the privacy practices, or content, of these sites. We encourage
our users to be aware when they leave our site & to read the privacy statements
of these sites. You should evaluate the security and trustworthiness of any
other site connected to this site or accessed through this site yourself, before
disclosing any personal information to them. This Company will not accept any
responsibility for any loss or damage in whatever manner, howsoever caused,
resulting from your disclosure to third parties of personal information.
Copyright Notice
Copyright and other relevant intellectual property rights exists on all text
relating to the Company's services and the full content of this website.
Communication
We have several different e-mail addresses for different queries. These, & other
contact information, can be found on our Contact Us link on our website or via
Company literature or via the Company's stated telephone, facsimile or
mobile telephone numbers.
The corporate office of this company is located at:
Zartech, Inc.
2203 Longview Rd.
Irving, TX 75063
USA
Force Majeure
Neither party shall be liable to the other for any failure to perform any
obligation under any Agreement which is due to an event beyond the control of
such party including but not limited to any Act of God, terrorism, war,
Political insurgence, insurrection, riot, civil unrest, act of civil or military
authority, uprising, earthquake, flood or any other natural or man made
eventuality outside of our control, which causes the termination of an agreement
or contract entered into, nor which could have been reasonably foreseen. Any
Party affected by such event shall forthwith inform the other Party of the same
and shall use all reasonable endeavors to comply with the terms and conditions
of any Agreement contained herein.
Waiver
Failure of either Party to insist upon strict performance of any provision of
this or any Agreement or the failure of either Party to exercise any right or
remedy to which it, he or they are entitled hereunder shall not constitute a
waiver thereof and shall not cause a diminution of the obligations under this or
any Agreement. No waiver of any of the provisions of this or any Agreement shall
be effective unless it is expressly stated to be such and signed by both
Parties.
Arbitration
Any controversy or claim arising out of or relating to the Terms shall be
settled by binding arbitration in accordance with the commercial arbitration
rules of the American Arbitration Association. Any such controversy or claim
shall be arbitrated on an individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other party. The decision of
the arbitrator shall be final and unappealable.
General
The laws of United States govern these terms and conditions. By accessing this
website [and using our services/buying our products] you consent to these terms
and conditions and to the exclusive jurisdiction of the US courts in all
disputes arising out of such access. If any of these terms are deemed invalid or
unenforceable for any reason (including, but not limited to the exclusions and
limitations set out above), then the invalid or unenforceable provision will be
severed from these terms and the remaining terms will continue to apply. Failure
of the Company to enforce any of the provisions set out in these Terms and
Conditions and any Agreement, or failure to exercise any option to terminate,
shall not be construed as waiver of such provisions and shall not affect the
validity of these Terms and Conditions or of any Agreement or any part thereof,
or the right thereafter to enforce each and every provision. These Terms and
Conditions shall not be amended, modified, varied or supplemented except in
writing and signed by duly authorized representatives of the Company.
Notification of Changes
The Company reserves the right to change these conditions from time to time as
it sees fit and your continued use of the site will signify your acceptance of
any adjustment to these terms. If there are any changes to our privacy policy,
we will announce that these changes have been made on our home page and on other
key pages on our site. If there are any changes in how we use our site
customers' Personally Identifiable Information, notification by e-mail or postal
mail will be made to those affected by this change. Any changes to our privacy
policy will be posted on our web site 30 days prior to these changes taking
place. You are therefore advised to re-read this statement on a regular basis
These terms and conditions form part of the Agreement between the Client and
ourselves. Your accessing of this website and/or undertaking of an Agreement
indicates your understanding, agreement to and acceptance, of the Disclaimer
Notice and the full Terms and Conditions contained herein. Your statutory
Consumer Rights are unaffected.