Terms of Service
This Terms of Service (the “Terms” is entered into between you and Zenith Technology Inc. and references to “Hey.Global”, “Hey”, “we”, or “us” are to Zenith Technology Inc.
We provide an online platform dedicated to helping sellers succeed by connecting them with independent sales representatives and retail buyers. The Hey.Global website is located at https://www.hey.global (the “Site” or the “Platform”) and the Hey.Global services are accessible via the website (collectively and together with any products and services provided by Hey, the “Services”).
THIS TERMS OF SERVICE AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICES. BY CLICKING ON THE “I ACCEPT” BUTTON OR "CREATE MY ACCOUNT" BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR USING ANY HEY.GLOBAL SERVICE, YOU (“USER” OR “YOU”) ARE ACCEPTING THIS TERMS OF SERVICE AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS TERMS OF SERVICE AGREEMENT. YOU MAY NOT ACCESS OR USE THE SERVICES OR ACCEPT THIS TERMS OF SERVICE AGREEMENT IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS TERMS OF SERVICE AGREEMENT, DO NOT ACCESS AND/OR USE THE SERVICES.
1. Modifications of Terms
Hey.Global reserves the right to modify these Terms in our sole discretion from time to time and only Hey.Global has the right to do so. If the Terms are changed, we will post the new terms on the Site and note the date they were last updated. Any changes or modification will be effective upon posting of the Terms as revised, and your use of the Site following the posting will constitute your acceptance of the new Terms.
2. Key Definitions
“Seller” means a seller who offers to sell and/or sells its goods to Buyers through the Services.
“Buyer” means a buyer who purchases goods through the Services for the purpose of resale.
3. Access to the Services
3.1 Subject to this Terms of Service Agreement, Hey.Global grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely as permitted by and in compliance with this Terms of Service Agreement. You may not use the Services in any unauthorized manner.
3.2 Certain Restrictions. The rights granted to you in this Terms of Service Agreement are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise make the Services, whether in whole or in part, or any content displayed on the Services, available to third parties; (b) except to the limited extent permitted by applicable law, you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you will not access the Services in order to build a similar or competitive product, or service; and (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Services will be subject to this Terms of Service Agreement. All copyright and other proprietary notices on the Services (or on any content displayed on the Services) must be retained on all copies thereof. We can modify, suspend, or discontinue the Services at any time.
3.3 Modification of Services. Hey.Global may at any time modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that Hey.Global will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof. We have no obligation to provide you with support or maintenance.
3.4 No Support or Maintenance. You acknowledge and agree that Hey.Global will have no obligation to provide you with any support or maintenance in connection with the Services.
4. Accounts
4.1 Seller Account
To sell goods through the Services as a Seller, you must submit an application to become a seller and be approved by Hey.Global for an account (“Seller Account”). By accepting the Terms of Service Agreement and providing the requested information (including any necessary documentation evidencing product compliance and safety, and/or brand ownership or authorizations) during the Seller application process, you authorize Hey.Global and its affiliates and payment processors to settle and disburse funds to you and on your behalf. Hey.Global will use good faith efforts to review your application to become a Seller as soon as possible. You acknowledge that Hey.Global is only able to accept a limited number of Sellers at any given time, and that Hey.Global is not obligated to accept you as a Seller. You hereby release Hey.Global from any liability regarding the acceptance process.
4.2 Buyer Account
To purchase goods through the Services as a Buyer, you must register, create a Buyer account and be approved by Hey.Global (“Buyer Account”), as further set forth in the Terms. We reserve the right to deactivate your account if we find that you are in breach of these Terms, including in the event that you are selling products in non-Hey.Global approved locations or on other platforms other than Hey.Global. To qualify for a Buyer Account, Buyers must have an online, brick and mortar or pop-up store that is open and ready for business (authorized subscription boxes and booths may also qualify in our discretion). You must also have, and upon request provide proof of, a valid reseller’s permit or ID (or your state’s or region’s equivalent documentation).
5. Product Listing and Content
5.1 As a Seller, in connection with your use of the Services, you hereby grant to Hey.Global a worldwide, perpetual, non-exclusive, transferable, sublicensable, royalty-free license to use, view, copy, adapt, modify, distribute, publicly display and publicly perform (through any means necessary) your Content on, through or by means of the Services and any of Hey.Global’s advertising, marketing, publicity and other initiatives and events. Hey.Global does not claim any ownership rights in any of your Content and nothing in the Terms of Service Agreement will be deemed to restrict any rights that you may have to use and exploit your Content. You hereby agree that Hey.Global may at its option, grant a limited, revocable sublicense to Buyers to use your Content on their website for the sole purpose of promoting products purchased from you through the Services.
5.2 Representations and Warranties. As a Seller, you acknowledge and agree that you are solely responsible for all Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you are either the sole and exclusive owner of the Content that you make available through the Services or you have all rights, licenses, consents and releases necessary to grant to Hey.Global the rights in such Content as contemplated under these Terms; and (ii) neither the Content nor your posting, uploading, publication, submission or transmittal of the Content or the use by Hey.Global or a Buyer of the Content (or any portion thereof) on, through or by means of the Services or social media platforms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or contain inaccurate, misleading, libelous, misleading or otherwise unlawful, abusive, harassing or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services, or result in the violation of any applicable law or regulation. You agree that you will not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any posts. You are solely responsible for any Content you provide and its accuracy. Hey.Global takes no responsibility and assumes no liability, and you hereby release Hey.Global from any such liability related to any Content posted or otherwise made available by you, and you agree to indemnify Hey.Global per the terms of the Indemnification section herein.
5.3 Product Listing and Content Compliance. As a Seller, all products made available on Hey.Global, and related Content, must meet Hey.Global’s Product Guidelines, found here. You acknowledge and agree to: (i) abide by Hey.Global’s Product Guidelines and to refrain from making available any prohibited products identified in Hey.Global’s Product Guidelines; (ii) comply with all applicable laws, rules and regulations, including safety, labeling, testing, warning, import/export and other consumer protection law requirements; (iii) not infringe upon or misappropriate the intellectual property, publicity or other rights of others; (iv) not provide any false, inaccurate or misleading information about your products; and (v) ensure that you have all necessary rights, licenses, permissions and consents to offer for sale and sell the products through the Services, including that they are allowed to be sold from your jurisdiction and into the Buyer’s jurisdiction. You acknowledge and agree that Hey.Global is not responsible for determining whether you meet the above requirements, you hereby release Hey.Global from any liability with respect thereto and agree to indemnify Hey.Global as set forth in the Indemnify section set forth below. Failure to comply with Hey.Global’s Products Guidelines may result in the temporary suspension or permanent termination of your Seller Account, in our sole discretion.
6. Transactions Between Seller and Buyer
6.1 Through the Site, Hey.Global provides electronic web-based platforms for exchanging information between buyers and sellers of products and services. Hey.Global additionally provides electronic web-based transaction platforms for Users to place, accept, conclude, manage and fulfill orders for the provision of products and services online within the Site subject to these Terms. However, for any Services, Hey.Global does not represent either the seller or the buyer in specific transactions. Hey.Global does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.
6.2 Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. Hey.Global uses several techniques to verify the accuracy of certain information Sellers provide us when they register on the Site. However, because user verification on the Internet is difficult, Hey.Global cannot and does not confirm each User's purported identity. We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.
6.3 Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions in connection with using the Site or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Site. Such risks shall include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights, and the risk that User may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to products originally obtained by Users of the Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks". Each User agrees that Hey.Global shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
6.4 User agrees to provide all information and materials as may be reasonably required by Hey.Global in connection with your transactions conducted on, through or as a result of use of the Site or Services. Hey.Global has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials.
6.5 In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Hey.Global (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
6.6 Global provides administrative support for transactions between Users on the Site. Hey.Global collects payment from Buyers and remits it to Sellers. Hey.Global, however, is not a party to the transaction for the purchase of goods between the Buyer and Seller. Sellers acknowledge that if a Buyer who is not approved by Hey.Global for Net Terms does not make payment to Hey.Global, then Hey.Global has no obligation to remit any funds to the Seller. The Seller agrees to hold Hey.Global harmless if a Buyer fails to make payment. Purchase orders or invoices created by Hey.Global are solely for the purpose of facilitating a purchase between Buyer and Seller and each agrees that Hey.Global is not a party to the purchase of goods.
6.7 Products are sold by the Seller on an INCOTERMS 2010 FCA basis, with the FCA point being designated by the Seller as either their factory or warehouse location or at a pre-specified Airport or Port in the same country. Goods are purchased by the Buyer on this INCOTERMS 2010 FCA basis at the same FCA point. The Seller is responsible for ensuring the goods are properly packaged for transport and cleared for export. The Seller is also responsible for any permits, licenses, documentation, or other items necessary for the export of their product. The Buyer is responsible for any permits, licenses, documentation or other items necessary for the import of the product. Title to the goods passes from Seller to Buyer when both of the following events have occurred: 1) Buyer has paid in full for the goods, and 2) when the goods have been handed over from Seller to Buyer at the designated FCA point. At no point does Hey.Global take title to any goods.
6.8 Buyer understands and acknowledges that products cannot be exported, reexported, transferred, retransferred, or transshipped (i) to any Sanctioned Countries, except in compliance with applicable Export/Import Laws, or (ii) to any other destination for which an export, reexport, or import license is required, without Buyer obtaining such license. Buyer confirms that neither Buyer nor any person that owns, directly or indirectly, the Buyer, nor any party for which Buyer is purchasing the Products is a Restricted Party or subject to any other sanctions, restrictions, or designations under applicable Export/Import Laws. Buyer also acknowledges that neither Hey.Global nor the Seller is responsible for providing any documentation or assistance to export, reexport, transfer, retransfer, or transship products to any port or address other than the one provided when Buyer placed their order.
6.9 If a Buyer uses a credit card to pay for an order, the Buyer agrees to waive the right to request a charge back from its credit card company. In the event of a credit card charge back, including charge backs as a result of fraud, the Seller agrees to reimburse Hey.Global for the amount of the charge back as the transaction for the purchase of the goods is between Buyer and Seller, not Hey.Global.
6.10 Buyer understands and acknowledges that unused products cannot be returned unless otherwise stated by the Seller on the Terms tab of the product's page. The offer of a return policy, if any, is at the sole discretion of the Seller and is not administered through Hey.Global. Buyer also understands and acknowledges that the return of any opened or used products is also at the discretion of the Seller. The warranty, if any, provided by the Seller for a product is listed on the Terms tab of the product's page.
6.11 Seller acknowledges and agrees that Buyers may return any items purchased from you in connection with their first purchase, within fourteen (14) days after the date of their order for a refund (less shipping previously paid). All other sales are final, unless the items received by the Buyer are damaged, incorrect or missing. Returned items will be deducted from your payout for the order.
7. Commissions
7.1 As a Seller, unless otherwise agreed by Hey.Global in writing, Hey.Global charges you a commission according to the commission plan you contracted with Hey.Global.
7.2 Commissions are calculated based on the dollar amount of the order total, excluding shipping costs. Any items that a Buyer returns or marks as damaged or missing are deducted from the payout of the order and Hey.Global does not receive a commission on these items.
8. Remittances
8.1 As payment in full for any Transactions on the Platform, the Platform will remit to the Seller all Sales Revenue received during a month within 20 days after the end of that month, less: (a) Commissions due or otherwise contracted fees and (b) any amounts refunded to customers and not previously deducted from Sales Revenue (the “Seller’s Share”). The Platform does not guarantee payment on behalf of any customers. The Platform’s obligation to remit funds collected by it on the Seller’s behalf is limited to funds that have actually been received by the Platform less amounts owed to the Platform, subject to chargeback, reversal or withheld for anticipated claims in accordance with this Agreement. Without limiting the Platform’s rights to collect any amounts the Seller owes, the Platform’s receipt of Sales Revenue discharges the Seller’s obligation to pay applicable fees and other amounts under this Agreement to the extent the Sales Revenue equals or exceeds the fees and other amounts the Seller owes and the Sales Revenue is applied to the payment of those fees and amounts.
8.2 At the Platform’s option, all payments to Seller’s bank account will be made by means of electronic funds transfer or similar method. If the Platform concludes that the Seller’s actions and/or performance in connection with this Agreement may result in customer disputes, chargebacks, or other claims, then the Platform may, in its sole discretion, delay initiating any remittances and withhold any payments to be made or that are otherwise due to the Seller under this Agreement for the shorter of: a period of ninety (90) days following the initial date of suspension; or completion of any investigation(s) regarding the Seller’s actions and/or performance in connection with this Agreement.
8.3 The Seller expressly acknowledges and accepts that payment of the Seller’s Share by the Platform shall at all times be subject to the Provider having received the corresponding Sales Proceeds from the Platform. The Platform shall have no liability to the Seller, and the Seller shall have no claim against the Platform, or the Provider for any failure by the Platform to make payment of the Seller’s Share in circumstances where the Platform has not received the corresponding Sales proceeds from the Platform.
9. Intellectual Property
9.1 Ownership.
All Site Materials are owned by us and others and are protected by US and international copyright, trademark and other laws.
9.2 Trademarks
Hey.Global and its respective designs and/or logos are either trademarks or registered trademarks of Hey.Global and may not be copied, imitated or used, in whole or in part, without the prior written permission of Hey.Global. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, and/or trade dress of Hey.Global, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Hey.Global. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
9.3 Restrictions on Use
Except as stated in the Terms, none of the materials and Intellectual Property described in these Terms may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Hey.Global or the respective intellectual property owner. You may electronically copy and print to hard copy portions of the Site for the sole purpose of using materials it contains for informational and non-resale use only. Any other use of the materials in the Site - including any resale use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance - without the prior written permission of Hey.Global - is strictly prohibited.
9.4 Copyright
To notify us of a copyright infringement, write to us at info@hey.global or at our physical address:
Zenith Technology Inc
950 Tower Lane St 2100
Foster City
CA 94404
USA
Include the following:
1) The physical or electronic signature of the owner or someone authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2) A description or identification of the copyrighted work you claim has been infringed; 3) A description of the material that is claimed to be infringing, and information reasonably sufficient to allow us to find it; 4) Your address, telephone number, and e-mail address; 5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; 6) A statement, under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on behalf of the owner; 7) Repeated violations of others' copyrights may result in a loss of privileges.
10. Third-Party Links, Applications and Other Users
10.1 Third-Party Links and Applications. The Services may contain links to third-party websites, services and applications for third parties (collectively, “Third-Party Links and Applications”). Such Third-Party Links and Applications are not under the control of Hey.Global, and Hey.Global is not responsible for any Third-Party Links and Applications. Hey.Global provides access to these Third-Party Links and Applications only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links and Applications. You use all Third-Party Links and Applications at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links and Applications, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Applications. You interact with other users of the Service at your own risk.
10.2 Other Users. Hey.Global facilitates interactions between sellers and independent sales representatives. However, you acknowledge that the independent sales representatives are not associated with Hey.Global and Hey.Global does not guarantee any responses or retail placement. Each user is solely responsible for any and all of its own User Content. You acknowledge that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other users are solely between you and such users, and you use User Content and interact with other users at your own risk. You agree that Hey.Global will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user, we are under no obligation to become involved. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES. YOU AGREE NOT TO COLLECT OR USE ANY PERSONALLY IDENTIFIABLE INFORMATION, INCLUDING INFORMATION ABOUT OTHER USERS, FROM THE SERVICES EXCEPT AS EXPRESSLY CONTEMPLATED BY THIS TERMS OF SERVICE AGREEMENT AND OUR PRIVACY POLICY OR AS PERMITTED IN WRITING BY SUCH USER, AND YOU FURTHER AGREE NOT TO USE ANY PERSONAL INFORMATION ABOUT OTHER USERS FOR ANY REASON EXCEPT TO COMMUNICATE WITH SUCH USERS VIA THE SERVICES. WITHOUT LIMITING THE PRIOR SENTENCE, YOU EXPRESSLY AGREE (I) NOT TO COPY, PUBLISH, UPLOAD OR OTHERWISE DISTRIBUTE ANY PERSONAL INFORMATION OF ANY USER TO ANY THIRD-PARTY SITE OR SERVICES OR ANY OTHER MEDIUM, AND (II) THAT A VIOLATION OF THIS PROHIBITION WILL BE GROUNDS FOR IMMEDIATE TERMINATION OF YOUR ACCOUNT, WITHOUT PREJUDICE TO ANY OTHER REMEDIES AVAILABLE TO US AT LAW OR EQUITY.
11. Electronic Communications
The communications between you and Hey.Global use electronic means, whether you use the Services or send us emails, or whether Hey.Global posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Hey.Global in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Hey.Global provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
12. Export Control
The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Hey.Global, or any products utilizing such data, in violation of the United States export laws or regulations.
13. Limitation of Liability
HEY.GLOBAL PROVIDES NO WARRANTIES (PRODUCT OR OTHERWISE). ANY WARRANTY OFFERED BY THE SUPPLIER IS SOLELY AT THEIR DISCRETION. HEY.GLOBAL IS NOT A PARTY TO ANY WARRANTY AGREEMENTS BETWEEN BUYER AND SELLER. THE TERMS OF ANY SUPPLIER-OFFERED WARANTIES ARE LISTED ON THE TERMS TAB OF THE PRODUCT PAGE. IN NO EVENT SHALL HEY.GLOBAL BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HEY.GLOBAL (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED $5 OR THE COMPENSATION YOU PAID HEY.GLOBAL, WHICHEVER IS LESS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
14. Disputes
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
15. Governing Law
IF THIS TERMS OF SERVICE AGREEMENT IS ENTERED INTO BETWEEN YOU AND ZENITH TECHNOLOGY, INC., THIS TERMS OF SERVICE AGREEMENT AND ANY ACTION RELATED HERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW OR OTHER PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS.
16. Indemnity
You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of Hey.Global's Services or your breach of any law or the rights of a third party.
17. Termination
Notwithstanding any of these terms and conditions, Hey.Global reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site if you violate any of these Terms or its policies. Upon termination, these Terms shall still apply.
18. Force Majeure
Under no circumstances shall Hey.Global be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
19. Severability
If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and shall not affect the validity and enforceability of any remaining provisions.
20. Waivers
No waiver, express or implied, by either party of any breach of or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
21. Contact Us
Zenith Technology Inc
950 Tower Lane St 2100
Foster City
CA 94404
USA
info@hey.global
