Terms & Conditions of Use (Last revised, May 13, 2019).
Welcome to Zenith Performance Solutions (“ZPS”)! This Terms & Conditions of Use (“Terms of Use”), effective as of May 13, 2019 (the “Effective Date”), governs how ZPS, a Colorado (United States) Limited Liability Company, conducts its business and operations. It tells you how ZPS services are delivered to you, ZPS policies toward things like refunds, and strictures ZPS places upon the use of its websites and services.
If you have any questions about these Terms of Use, please contact ZPS at [email protected]. You may also call us at +1.970.409.4013.
1. Generally.
This Terms of Use applies to all ZPS websites (“ZPS Websites”), content, courses, and services (the “Services”). Because this Terms of Use governs some key parts of your relationship with us, please read through them periodically. This will ensure that you become aware of any amendments we may make to this Terms of Use, which we may make at anytime and with or without notice to you.
a. Acceptance.
By using ZPS websites or Services, you agree to become legally bound by these Terms of Use. If you would not like to become bound by these Terms of Use, please do not use ZPS Websites or Services.
b. Age.
ZPS Websites and Services are intended for use by persons older than eighteen (18) years of age. ZPS does not knowingly collect any information from persons under 18. By using ZPS Websites or Services, you represent that you are at least eighteen (18) years of age. If you are not at least eighteen (18) years of age, please do not use ZPS websites or Services.
2. Site Access.
a. Equipment.
A laptop, desktop, mobile device, tablet, or other computer is required to properly use ZPS Services. ZPS makes no guarantees that ZPS Services will work with your devices, and it is your sole responsibility to ensure that your device or browser is compatible with the ZPS Services you purchase.
b. Communications.
You agree that ZPS may contact you at the information you provide as is reasonably necessary to provide you with ZPS Services, advertise, or respond to your inquiries. For an overview and explanation of the ways ZPS may contact you from time-to-time, please refer to our Privacy Policy.
c. Third-Party Links.
You may come across third-party links on ZPS Websites. ZPS is not responsible for the content you may encounter by clicking on such third-party links. ZPS is in no way affiliated with these third parties.
3. Model.
a. ZPS Learning Exchange.
We provide ZPS Services through the ZPS Learning Exchange. The ZPS Learning Exchange is a place where we focus and tailor your e-learning experience. While using the ZPS Learning Exchange, you will be able to peruse a selection of ZPS Services currently available and purchase the ones you would like.
b. Payment Procedures.
When you purchase ZPS Services, payment is due immediately. After you pay, you will be able to access the specific ZPS Services you paid for. ZPS may also offer free courses. That a ZPS course is provided free-of-charge shall not prevent this Terms of Use from applying in full force and effect.
c. Refunds.
ZPS does not offer refunds. You receive the benefit of ZPS Services upon purchase, because you may access, download, and learn the content therein. It is not possible for you to return the knowledge you attain from ZPS Services in exchange for a refund.
d. Prohibited Activities.
There are some kinds of activities we do not allow or materials we prohibit from being posted, used, uploaded, or otherwise displayed on ZPS Websites or in connection with ZPS Services. Some examples of activities or materials we do not allow (“Improper Activities or Materials”) include, but are not limited to, the following:
- Phishing, scamming, spamming, spoofing;
- Pornography, lewd and lascivious materials, or other adult services;
- Dishonest or fraudulent behavior;
- Offensive language, including but not limited to hate speech, swear words, or other disparaging or sexual comments;
- Offensive conduct, including but not limited to bullying; or,
- Unlawful
You shall not engage in Improper Activities or Materials while using ZPS Websites or Services. Additionally, you shall not allow any third party to engage in Improper Activities or Materials on ZPS Websites. ZPS reserves the right to determine at anytime whether content or use constitutes Improper Activities or Materials. Engaging in Improper Activities or Materials may result in termination of your ZPS Account or use of ZPS Websites or Services.
e. Corporate Responsibility.
From user-level experience, interactions, and privacy all the way to conscientious resource use, ZPS takes corporate ethics and responsibility with the utmost gravity. We strive to implement responsible and ethical practices both inside and outside of our organization as to do our part to make this world a better place. If you would like to talk with us about our corporate ethics and responsibility practices, please write us at [email protected].
4. Intellectual Property, Limited License, Unauthorized Use & Termination.
a. Limited License & Expiration.
While you use ZPS Services, you enjoy a limited license to use only the Services you purchase. The limited license granted to you by ZPS in connection with ZPS Services is unique to you only, meaning it may not be sold, assigned, shared, exchanged, or otherwise transferred to anyone else under any circumstances. You may not share, show, or otherwise display ZPS Websites or Services to anyone else without the prior, express, written, and informed consent of ZPS. This extends to things like meetings, informal ‘get-togethers’, or conferences. Any unauthorized use of ZPS Services (for example, Services you have not paid for) is prohibited. If you suspect that ZPS Services you have purchased are being used by someone else, please contact us immediately at [email protected].
b. Intellectual Property.
All contents, topics and materials covered (the “Materials”) in ZPS Websites and Services are the sole and exclusive intellectual property of ZPS. The ZPS name, logo, graphics, images, likeness, and other materials displayed on ZPS Websites, marketing materials, e-learning courses, and Services belong exclusively to ZPS and may not be used in any manner without the prior, express, written, and informed consent of ZPS; by using ZPS Websites or Services, you do not obtain any right to use or otherwise appropriate these materials. You agree that this provision survives the expiration of this Terms of Use indefinitely.
c. Copyright & Notice of Infringement.
ZPS wants you to respect its intellectual property rights. By the same token, ZPS wants to respect your intellectual property rights. In the event that you believe your intellectual property rights are being infringed by ZPS, we strongly encourage you to notify us immediately, in writing, at [email protected]. Mistakes do happen, and we want to work diligently to resolve any potential problems caused by us with respect to your intellectual property.
d. Confidentiality.
While using ZPS Services, you will interact with and view ZPS platforms, resources, materials, technologies, processes, applications, and other information. We have put a substantial amount of time, effort, money, and other resources into creating these things. You acknowledge that without our efforts we would not be able to deliver ZPS Services to you, and you hereby agree that all of the ZPS platforms, resources, materials, technologies, processes, applications, and other information displayed or used in connection with ZPS Services is confidential and you will not use or disclose beyond what is necessary to use ZPS Services. You agree to keep these items confidential even after the expiration of this Terms of Use.
e. Unauthorized Use & Termination.
Any unauthorized use of ZPS Websites and Services is strictly prohibited. ZPS reserves the right to terminate your access to ZPS Websites and Services immediately and without notice to you. Likewise, should you desire to terminate your use of ZPS Websites or Services, please write us at [email protected] or stop using ZPS Websites or Services. You are free to terminate your account at any time.
5. Account, Password, and User Security.
ZPS Services are based upon an account you create and use with ZPS (“ZPS Account”). When creating a ZPS Account, you will be prompted to provide some information about you, including but not limited to: Your first name, last name, email address, an available username, and password. You also have the option to import the information requested by ZPS from third-party websites, such as LinkedIn, Google, and Facebook. Please know that ZPS is in no way affiliated with, or a part of, these third-party organizations. Please keep your ZPS Account private. ZPS implements reasonable data security measures to keep your ZPS Account information secure. For an overview and explanation of ZPS privacy practices, please see our Privacy Policy. If you believe your ZPS Account is being used by someone else, please contact us immediately at [email protected] or at +1.970.409.4013.
6. Indemnification & Limitation of Liability.
ZPS Services are intended to help you learn the Materials. You alone are solely responsible for learning the Materials. ZPS cannot guarantee any outcomes or results in utilizing ZPS Services and makes no representations about whether your use of ZPS Services will improve your knowledge base of the Materials. The ZPS Websites and Services are provided on an ‘as-is’ basis. This means that ZPS makes no warranties, either express or implied, of any kind in connection with ZPS Websites and Services, including but not limited to fitness for a particular purpose and merchantability. ZPS makes no guarantees that ZPS Services will work with your devices. You download all items from ZPS Websites at your own risk, and you are solely responsible for any harm that ensues to your devices or loss of data. There may be times when ZPS Services become unavailable due to circumstances beyond our control; you agree that ZPS is in no way responsible where this occurs.
You agree to indemnify and hold harmless ZPS to the maximum extent allowable by applicable law. This means that in no event will ZPS officers, owners, employees, or other agents be liable to you for any loss or damages that occur from your use of ZPS Services, including lost revenues or profits, expenses, or goodwill. You agree to use ZPS Websites and Services for lawful purposes only. You further promise not to upload any malicious software, viruses, or other destructive content to ZPS Websites.
7. Miscellaneous.
a. Severability.
This Terms of Use constitutes the entire agreement between you and ZPS regarding ZPS Websites and Services and supersedes any and all other understandings or agreements. Should any provision of this Terms of Use be found unenforceable, the provision shall be modified as minimally as possible as to become enforceable. No other provision of this Terms of Use shall be affected by the unenforceability of another provision or set of provisions.
b. Choice of Law & Dispute Resolution.
This Terms of Use is governed by the laws and regulations of the State of Colorado. You agree that you will write ZPS in the event of a potential dispute, because we always want to confer in good faith prior to any formal dispute resolution. We will do our best to address your concerns. If informal negotiation does not work, you or ZPS must initiate mediation in Denver, Colorado, prior to taking any further action. Should mediation prove ineffective to resolve the dispute, either you or ZPS must commence binding arbitration, to occur at the American Arbitration Association in Denver, Colorado. A party’s failure to participate meaningfully through good-faith effort in dispute resolution shall foreclose to it the award of attorney fees. By using ZPS Websites and Services, you waive your right to participate in a class action lawsuit against ZPS in connection with its Websites and Services. This provision shall not preclude ZPS from seeking immediate relief in the state or federal courts to enforce its intellectual property rights or mitigate the effects of potential improper use of ZPS Websites or Services.
c. Privacy Practices.
This Terms of Use does not inform users of ZPS Websites and Services of ZPS privacy practices. To review how ZPS protects and safeguards your privacy, please refer to our Privacy Policy.
8. Contact Information.
We always want you to reach out to us with questions, comments, or concerns about this Terms of Use. This is because we care about the people we help. Please feel free to write us at [email protected] or call us at +1.970.409.4013.