Update and Effective Date
Effective Date: February 2, 2021
Ownership; License; Limitations
The Services and all content displayed on the Services and all software, data and information used to provide the Services, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, patents and other intellectual property rights therein or thereto (collectively, the “Content”), are owned by ZiiDMS or our owners, affiliates, licensors or licensees, and are protected under worldwide patent, copyright, trademark and other applicable laws and treaties, including, without limitation, applicable trade secret laws. The Content includes certain trademarks and service marks owned by ZiiDMS and/or our owners, affiliates or others. We grant you the limited and nonexclusive right and license to access or download a single copy of the Content from the Services solely for your personal and non‑commercial use and as necessary in connection with the use of any services available through the Services. You agree not to copy, use or otherwise infringe upon or dilute any trademarks or service marks included in the Content. You further agree that you will not alter or remove any copyright, trademark or other notices from any Content.
In addition to and not in limitation of any of the foregoing limitations and restrictions, you are expressly prohibited from using automated means (including but not limited to spiders, robots, crawlers, scrapers, deep‑links, data‑mining, data‑gathering or extraction tools and the like), or any other automated methodology, algorithm or device or any manual process, to for any purpose monitor, copy, download or otherwise access data or content from the Services. A limited exception to the foregoing limitations and restrictions is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Services, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our applicable policies and procedures in effect from time to time. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as automobiles, vehicles, jobs, housing/apartments, rentals, services or equipment or which is in the business of providing classified ad listing services.
Notification of Claims of Infringement
ZiiDMS respects the rights of all copyright holders and in this regard has adopted and implemented a policy that provides for the removal of content from the Services under certain circumstances. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our affiliate’s Copyright Agent as directed below and include the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party (e.g., address, telephone number and email address);
- A statement that the complaining party has a good faith belief that use of the material is unauthorized; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please direct all copyright inquiries, including notification of claims of infringement, to our affiliate’s Copyright Agent at: Dominion Enterprises, Intellectual Property Administrator, P.O. Box 2576, Norfolk, VA 23501 or IPadministrator@dominionenterprises.com or 757-351-7000.
Use at Your Own Risk
We provide the material available through the Services for informational purposes only. You may use the content, information, testimonials, data and materials from or available through the Services solely for your personal and non-commercial use. Before you act on any such content, information, testimonials, data and materials you have found on, or purchase any products or services available through, the Services, you should independently confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THE SERVICES, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY INFORMATION, PRODUCT OR SERVICE.
Third Party Websites
We have in place what we believe to be commercially reasonable physical, electronic and managerial procedures to safeguard and help prevent unauthorized access of, maintain data security for and correctly use the information we collect online. However, while such reasonable efforts are made to ensure the confidentiality of your private and personal information available as a result of your use of the Services, we cannot and do not warrant or guarantee the absolute safety and security of your information.
Disclaimer of Warranties
YOU AGREE THAT THE SERVICES AND ALL INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE SERVICES ARE PROVIDED BY US ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THAT YOUR USE OF THE SERVICES AND ALL INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE SERVICES IS ENTIRELY AT YOUR OWN RISK. You understand that there may be delays, omissions, interruptions, inaccuracies and/or other problems with the information, products and services available through, published on or promoted over the Services, including information, products and services referred to, advertised or promoted on or sold through the Services. Neither ZiiDMS nor our owners, affiliates, licensors or licensees warrant that the Services will be uninterrupted or error free; nor do we or they make any warranty as to the results that may be obtained from use of the Services or as to the accuracy, reliability or completeness of content or any information, product or service provided or made available through the Services.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ZiiDMS AND OUR OWNERS, AFFILIATES, LICENSORS AND LICENSEES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
NEITHER ZiiDMS NOR OUR OWNERS, AFFILIATES, LICENSORS OR LICENSEES SHALL HAVE ANY LIABILITY FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS IN THE INFORMATION CONTAINED WITHIN THE SERVICES. IN NO EVENT SHALL ZiiDMS OR OUR OWNERS, AFFILIATES, LICENSORS OR LICENSEES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR ACCESS TO OR USE OF, OR INABILITY TO USE, THE SERVICES OR ANY INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE SERVICES OR OUR USE OF ANY USER CONTENT THAT YOU POST OR SUBMIT TO US. IN ADDITION TO AND NOT IN LIMITATION OF THE FOREGOING LIMITATION OF LIABILITY, IN NO EVENT SHALL ZiiDMS OR OUR OWNERS, AFFILIATES, LICENSORS OR LICENSEES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUES OR PROFITS, OR LOSS OF BUSINESS OR DATA), EVEN IF WE OR ANY SUCH OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Without limiting the foregoing, you agree that the entire aggregate liability, if any, of ZiiDMS and our owners, affiliates, licensors and licensees arising out of any kind of legal claim (whether in contract, tort or under any other legal theory) arising out of your access to or use of, or inability to use, the Services or any information, products or services available through the Services will not exceed one hundred dollars ($100).
Because some states/jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.
Release and Indemnity
You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You shall use the Services and the information, products and services available through the Services for lawful purposes only. Any conduct by you that in our judgment and discretion restricts or inhibits any other person from using or enjoying the Services or the information, products or services available through the Services will not be permitted.
You agree that any and all causes of action arising out of or relating to the Services or the information, products or services available through the Services shall be resolved individually, without resort to any form of class action.