zernet Terms of Use

These Terms of Use ("Terms") are a legal agreement between you and zernet and govern your use of the zernet.com Website, zernet Energy Portal, zernet WiFi Power Measurement APS and/or zernet mobile applications (collectively the "Applications") either as a visitor, content contributor, or as a registered user. Use of, posting of information to, and access to the Applications are subject to your acceptance without modification of these Terms, so please read them carefully before using the Applications. zernet reserves the right to limit or terminate your access to the Applications or terminate or suspend your registration for failure to comply with the terms and policies posted on the Applications, including these Terms, or for any reason at any time.

BY ACCESSING AND USING THE APPLICATIONS IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, YOU SHOULD NOT USE OR POST INFORMATION WITH THE APPLICATIONS IN ANY MANNER.

Modifications to these terms

zernet may change, modify, update, add, or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of the Applications, following the posting of any changes, will signify your acceptance of those changes.

Changes to the Applications

In an effort to continually improve the Applications and its usefulness to you, we may add additional services or make changes to existing services. In the event that zernet makes such changes, these Terms shall apply to the new services and to any changes to existing services.

User information

To use certain parts of the Applications, you will be asked to provide personal information about yourself, such as your name, e-mail address, password, country zip code, or postal code. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify zernet immediately of any unauthorized use of your account or password, or any other breach of security.

You may not use anyone else's zernet ID, password, or account at any time without the express permission and consent of the holder of that zernet ID, password, or account. zernet cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy policy

zernet respects your desire for privacy and takes care to protect the personal information you provide us. zernet's privacy policy can be found at here . By using the Applications, you are consenting to the terms of our privacy policy.

zernet has security measures in place to protect the loss, misuse, and alteration of the information under zernet's control. These security measures are described in our privacy policy.

Although zernet has taken the steps described in our privacy policy to ensure that your personal information is delivered and disclosed only in accordance with our privacy policy, zernet does not guarantee that the personal information you provide will not be intercepted by others and decrypted.

zernet is not responsible for any information provided by you to third parties, and that information is not subject to zernet’s privacy policy. You assume all privacy, security, and other risks associated with providing any information, including personally identifiable information, to third parties via the Applications. For a description of the privacy protections associated with providing information to third parties, you should refer to the privacy policies, if any, provided by those third parties.

Content

All text, graphics, user or visual interfaces, trademarks, logos, music, sounds, artwork, photographs, and computer code ("Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel", and the arrangement of such Content, contained on the Applications is owned, controlled, or licensed by zernet. All such Content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. zernet hereby grants you limited permission to use the Content subject to these Terms, as long as the use of such Content is solely for your personal, non-commercial informational use.

zernet reserves all rights to Content not expressly granted herein.

No unlawful or prohibited use

While using the Applications, you may NOT do the following:

  • Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Applications or zernet's systems or networks, or any systems or networks connected to the Applications or to zernet
  • Use any robot, spider, scraper, or other automated means to access the Applications or services for any purpose without our express written permission; however, this provision shall not apply to the indexing or updating of search engines
  • Transmit any information, file, or software that contains, but not limited to, a virus, Trojan horse, worm, adware, spyware, crimeware, online graffiti tagger, dropper, rootkit, keylogger, bot, or any other harmful software program or program element

Links to third party websites and services

In attempting to provide you with comprehensive and useful resources, the Applications may contain links to third-party websites, applications, or services which are not under the control of zernet. zernet is not responsible for the content of or products provided by any linked site or any link contained in a linked site, or any changes or updates to such sites. zernet is providing these links to you only as a convenience, and the inclusion of any link does not imply that zernet endorses, guarantees, or accepts any responsibility for the content or products on such a third-party site.

In connection with your use of the Applications, you may be made aware of services, products, offers, and promotions provided by third parties, and not by zernet. If you decide to use third-party services or products, you are responsible for reviewing and understanding the terms and conditions governing any third-party service or product. You agree that the third party, and not zernet, is responsible for the performance of the third-party services or products.

Your Use of Applications Made Available Via the Trickle Star Energy Portal.

If you access or use any of the applications which are submitted or otherwise made available by other Users or by zernet through the Trickle Star Energy Portal, you acknowledge and agree that your use of such applications is subject to any license terms, terms of use or other permissions granted by the licensor of the application and you agree to comply with such terms. You further acknowledge and agree that zernet does not have any obligation to monitor data uploaded by Users and disclaims all responsibility and liability for your use of applications made available to you through the Portal, including without limitation the accuracy, completeness, appropriateness, legality, security, availability, or applicability of the data and you hereby waive any and all legal or equitable rights or remedies you have or may have against zernet with respect to the applications that you may download, share, access or use.If you choose to upload data to Trickle Star Energy Portal, you acknowledge and agree you are giving certain legal rights to the licensor of the application to process and otherwise use your data. Further, zernet does not claim ownership of your data; however, you hereby grant Trickle Star Energy Portal a worldwide, perpetual, irrevocable, royalty-free, fully paid up, transferable and non-exclusive license, as applicable, to use and copy your data in connection with making your data available to the application (and the licensor of such application) to which you have submitted your data. You acknowledge and agree that even if you remove your data from the Trickle Star Energy Portal, your data may have been downloaded by, and remain accessible to, the licensors of those applications to which you submitted your data. Accordingly, do not submit data which you desire to remain confidential or which you wish to limit the right to access or use.

WARRANTY DISCLAIMER

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APPLICATIONS AND ALL MATERIALS, INFORMATION, POSTINGS, OPINIONS OR SERVICES ON THE APPLICATIONS OR LINKED FROM THE AVAILABLE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, AND zernet AND ITS SUPPLIERS, THIRD PARTY SERVICE PROVIDERS, AND PARTNERS (HEREINAFTER COLLECTIVELY REFERRED TO AS "SUPPLIERS") HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. zernet DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE APPLICATIONS. zernet AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE APPLICATIONS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT ACCESS TO THE APPLICATIONS OR ANY INFORMATION, POSTINGS, OPINIONS, OR SERVICES LINKED FROM THE APPLICATIONS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR THAT RESULTS FROM SUCH USE WILL BE ACCURATE OR RELIABLE, OR WILL BE SUITABLE FOR YOUR PURPOSES. zernet CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE APPLICATIONS WILL BE FREE OF ALL VIRUSES, MALWARE, CONTAMINATION, OR DESTRUCTIVE FEATURES, INCLUDING BUT NOT LIMITED TO ALL VIRUSES, MALWARE, TROJAN HORSES, WORMS, ADWARE, SPYWARE, CRIMEWARE, ONLINE GRAFFITI TAGGERS, DROPPERS, ROOTKITS, KEYLOGGERS, BOTS, OR OTHER HARMFUL SOFTWARE PROGRAM OR PROGRAM ELEMENTS. IN ADDITION, zernet IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY THIRD PARTY SERVICE PROVIDER, OR PARTNER, WHETHER ONLINE OR OFFLINE. NO ORAL OR WRITTEN INFORMATION RECEIVED BY zernet, ITS SUPPLIERS, OR OBTAINED OTHERWISE WILL CHANGE THIS DISCLAIMER. Some jurisdictions do not allow these limitations, so the above limitations may not apply to you.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT zernet (OR zernet'S OFFICERS, DIRECTORS, INVESTORS, SUBSIDIARIES, AGENTS, ASSIGNEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, OR EMPLOYEES) SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES OR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, PROFITS, OR OTHER INTANGIBLE LOSSES (EVEN IF zernet HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE APPLICATIONS, REMOVAL OR TERMINATION OF THE APPLICATIONS, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ERRORS OR OMISSIONS IN CONTENT ON THE APPLICATIONS, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APPLICATIONS, INSTRUCTION, INFORMATION OR SERVICES PROVIDED BY OR LINKED FROM THE APPLICATIONS, OR ANY OTHER MATTER RELATING TO THE APPLICATIONS. IN NO EVENT SHALL zernet'S AND ITS SUPPLIERS' CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE APPLICATIONS EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO zernet DURING THE PRIOR YEAR FOR THE SPECIFIC SERVICE AT ISSUE, OR $100.00, WHICHEVER AMOUNT IS LESS. Some jurisdictions do not allow these limitations, so the above limitations may not apply to you.

Indemnification

You shall indemnify, defend, and hold harmless zernet, its affiliates, and their respective officers, employees, and agents from any and all claims, demands, damages, costs, and liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of your acts or omissions arising out of your use of the Applications. zernet reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate as fully as reasonably required in the defense of any claim.

Disclosure of use

zernet may disclose any information we have about you (including your identity), any transmittals or communications by you, and your use of the Applications or any services made available on the Applications if we determine that such disclosure is necessary to (1) comply with legal process, (2) comply with any investigation or complaint regarding your use of the Applications, (3) enforce these Terms of Use, (4) respond to claims that any such data violated the rights of others, or (5) protect the rights, property, or personal safety of zernet, its employees, and visitors to or users of the Applications, including zernet's customers, and the public.

zernet reserves the right at all times to disclose any information that zernet deems necessary to comply with any applicable law, regulation, legal process, or governmental request. zernet may also disclose your information when zernet determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

Termination

You agree that zernet may, in its sole discretion and without prior notice, terminate your access to the Applications and/or block your future access to the Applications if we determine that you have violated these Terms of Use or other agreements or guidelines that may be associated with your use of the Applications, or for other reasons that may include but are not limited to (1) requests by law enforcement or other government agencies, (2) a request by you to remove your account, (3) discontinuance or material modification of the Applications or any service offered on or through the Applications, or (4) unexpected technical issues or problems.In the event this agreement is terminated, the restrictions regarding Content or materials appearing on the Applications, and the representations and warranties, indemnities, and limitations of liabilities set forth in these Terms of Use will survive termination. In the event that you are unsatisfied with the Applications or any services that may be provided by zernet, your sole remedy is to terminate this agreement.If zernet does take any legal action against you as a result of your violation of these Terms of Use, zernet will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any injunctive or equitable relief granted to zernet. You agree that zernet will not be liable to you or to any third party for termination of your access to the Applications.

Governing law

These terms shall be governed by the laws of the United States and by the laws of the State of Michigan, without regard to conflicts of law provisions; all claims and actions must be brought in the appropriate state or federal court located in Kent County, Michigan; and, you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You waive all defenses of lack of personal jurisdiction and venue.

Miscellaneous

zernet may assign these Terms at any time to any subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of assets to another entity. You may not assign this agreement. These Terms constitute the entire agreement between you and zernet regarding this subject matter, and they govern your use of the Applications. The failure of zernet to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Applications or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.