Last Updated: February 12, 2016
Welcome to the WatchDog consumer database and associated website (collectively, “WatchDog”), owned and operated by Zero Parallel, LLC (“Zero Parallel,” “we,” “our”). These Terms and Conditions govern your use of our products and/or Services (the “Services”). The Services are provided to you under these Terms and Conditions of Use (“Terms” or “Agreement”), our Privacy Policy (located at www.ZPWatchDog.com/auth/login?p=privacyPolicy), and any other rules that we might enact from time to time.
ANTITRUST NOTICE: BY REGISTERING FOR, ACCESSING, AND POSTING INFORMATION TO THE ZP WATCHDOG SYSTEM, YOU EXPRESSLY ACKNOWLEDGE THAT THE PRIMARY FUNCTION OF THE SERVICES IS TO SUPPORT PRO-COMPETITIVE, PRO-CONSUMER INDUSTRY BEHAVIOR. ANY ACTIVITY ON THE SYSTEM THAT PROMOTES ANTI-COMPETITIVE RESULTS, WHETHER ACTUAL OR POTENTIAL, AND WHETHER INTENDED OR OTHERWISE, INCLUDING THE SHARING OF COMPETITIVELY-SENSITIVE INFORMATION (SUCH AS PRICE-FIXING OR MARKET ALLOCATION) OR THE DISPARAGEMENT OF OTHER INDUSTRY USERS, IS A POTENTIAL VIOLATION OF APPLICABLE FEDERAL AND STATE ANTITRUST LAW. ZERO PARALLEL RESERVES THE RIGHT TO TERMINATE THE ACCOUNT OF ANY USER WHO CONDUCTS VIOLATES THE PRINCIPLES ESPOUSED IN THIS NOTICE, WITHOUT NOTICE. FOR MORE INFORMATION, PLEASE READ THE SECTION ENTITLED “ANTITRUST,” BELOW.
PLEASE READ THIS AGREEMENT CAREFULLY. YOUR USE OF THE SITE, AND THE SERVICES PROVIDED THROUGH OR IN CONNECTION W ITH THE SITE, CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
BY ACCESSING OR USING ANY PART OF THE SITE OR ITS SERVICES, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE AGREEMENT IN ITS ENTIRETY, YOU MUST IMMEDIATELY CEASE ALL USAGE OF THIS SITE AND/OR THE SERVICES.
We reserve the right, at any time and without notice, to modify, alter, or update the terms and conditions of this Agreement. Modifications shall become effective immediately upon being posted on this site. Your conditioned use of the Services constitutes an acknowledgment and acceptance of the Agreement and its modifications.
1. NATURE OF SERVICES; CONSENT TO BE CONTACTED.
WatchDog provides registered users with a centralized database of consumer information, often in the form of fraudulent “leads,” that Zero Parallel or other users have entered into the database. The purpose of the database is to permit users to reconcile their own suppression lists with a master list generated by a community of lenders, lead generators, affiliated marketers, and other interested parties and stakeholders. You understand and agree that by using WatchDog, Zero Parallel will share your information with certain third parties in the manner described in this Agreement. Zero Parallel may maintain information that you share in the database, whether or not you elect to continue using the Services. You hereby consent to be contacted, through WatchDog or by other means, to verify your information, update you on developments to the Services, or for reasons relating to your account and access.
2. IMPORTANT INFORMATION.
Zero Parallel does not provide any type of loan, financing, credit card Services, or financial Services or advice through the WatchDog Services. Zero Parallel makes no representations or warranties concerning the qualifications or performance of the Services or any services provided by third party companies. The Services might not be provided in all localities, and are intended for use by parties operating lawfully in the United States.
3. USER REPRESENTATIONS.
The Services are offered only to those parties who can lawfully enter into a binding agreement. By using the site, you represent and warrant that you are age eighteen (18) or older and are the authorized signatory.
By accessing WatchDog, you represent that you will, at all times, provide true, accurate, current, and complete information when submitting information or materials to the site, including, without limitation, during your use of any Services provided. If you provide false, inaccurate, misleading, or incomplete information, WatchDog reserves the right to terminate your access and use of the site. You agree to use the Services only in accordance with applicable law and comply with any law that governs the transmission of public and nonpublic consumer information. You agree not to impersonate any other person or entity, whether actual or fictitious, including an employee or representative of Zero Parallel.
4. USER SUBMISSIONS.
The WatchDog Services depends on the submission of timely, accurate, and relevant information from its users concerning the existence and identity of fraudulent publisher data, including parties who manually generate consumer leads using wrongfully-obtained information, who generate leads through unlawful advertising campaigns, who generate leads consisting of falsified consumer information, and who generate leads in contravention of established federal or state law. By using the Services and submitting lead information, you affirmatively attest both to the accuracy of the lead information and to your proper, pro-competitive purpose for submitting such information.
Users are permitted to submit lead information to the WatchDog database for the sole purpose of maintaining an accurate, accessible resource for industry members and other interested parties. Users may not submit information for any improper purpose, such as: attempting to confuse or disadvantage other users; attempting to communicate information to another WatchDog user to the disadvantage of a third party; attempting to cause harm to the WatchDog Services or create inefficiencies in its database or its servers or processes; storing consumer or publisher data for individual use; submitting and/or dispersing unlawfully obtained consumer data, and; purposefully, recklessly, or negligently submitting data the user knows, or should reasonably know, to be inaccurate or inappropriate for the database (such as publishers who have not generated fraudulent leads). Zero Parallel reserves the right to supplement this list of prohibited submissions in its sole discretion, without notice to you. Zero Parallel is under no obligation to accept or publish information it reasonably believes to be inappropriate for the database.
5. CERTIFICATION OF SUBMISSIONS.
Prior to submission of information to WatchDog, you are required to certify that you have sufficient documentation to support such submission. Zero Parallel may request supportive documentation in its sole discretion, and reserves the right to reject submissions for your inability to product documentation upon demand. Zero Parallel alone shall determine the appropriate documentary threshold deemed sufficient before a submission is accepted, may examine the quality of such evidence before a submission posts to the system, and may refuse to post any submission for any lawful reason. At a minimum, you must possess information and documentation sufficient to conclude, beyond a reasonable doubt, that a submitted publisher was engaged in fraud or other relevant, unlawful conduct with respect to consumer information in the small-dollar, short-term loan market. Zero Parallel makes no representation that any submitted will be accepted or the speed at which determinations are made, regardless of the evidence produced.
6. MAINTAINING DOCUMENTATION.
You are required to maintain documentary evidence in a readily accessible, electronic format concerning every submission you make during your time as a registered WatchDog user, regardless of the extent of your absence over any period of time. Zero Parallel may request your documentation at any time, including after you terminate your account, in the interest of maintaining proper records.
7. CONSUMER NOTIFICATION.
At all times during your use of the Services, you shall make consumers who may be subject to the Services aware that their personal, nonpublic information might be submitted, in whole or in part, to the WatchDog database for the purpose of preventing fraud. You must seek and obtain consumer consent, through your Privacy Policy, Terms of Use, or another agreement between you and the consumer, to transmit their information to third parties, including Zero Parallel for entry into the WatchDog database.
8. ANTITRUST.
Owing to WatchDog’s collaborate environment, information shared by competitors in the same industry is likely to be published for the benefit of all other competitors. In the interest of preserving the integrity of the industry and avoiding state and federal antitrust issues, unfettered access to WatchDog is available at no cost to all registered users whose identities are confirmed and who can demonstrate a legitimate business need to access the system. Notwithstanding the foregoing, Zero Parallel reserves the right to ban users from the Services for violation of these terms and conditions. By continuing to use the Services, YOU EXPRESSLY ACKNOWLEDGE THAT THE PRIMARY FUNCTION OF WATCHDOG IS TO PROMOTE CONSUMER PROTECTION IN A MANNER THAT DOES NOT PROMOTE ANTI-COMPETITIVE ACTIVITIES OR RESULTS. Neither Zero Parallel nor you are permitted to share consumer data with only a subset of the user base, submit consumer information in a manner that tends to advantage one user over another, communicate with other users through WatchDog in an anti-competitive manner, or otherwise serve to prevent universal access to the database to any and all qualified users. This section shall be read as flatly prohibiting the following:
- Discussions about fees, commissions, or costs of doing business;
- Discussions about market share, geographic or otherwise;
- Negligently, recklessly, or intentionally submitting false, inaccurate, or defamatory information about another party, whether or not such party is a registered user of WatchDog;
- Any activity that reasonably approximates the above.
9. TERM OF AGREEMENT; TERMINATION.
The Services are offered on an open-ended basis for a term that begins on the date your user profile is activated and you consent to these Terms describing the specific terms and conditions of the Services to be provided. This Agreement shall remain operable indefinitely until and unless we terminate the provision of Services to you, terminate your account from the WatchDog system, or you close your user account.
Your account may be terminated by Zero Parallel for any of the following reasons:
- anti-competitive activities (see Section 8, above)
- failure to respond to requests for documentation
- repudiation of these Terms
- unlawful activities that raise questions about the probity of information you provide on WatchDog
- causing harm to the WatchDog system
- any other reason that reasonably results in harm to Zero Parallel, WatchDog, consumers, or users
10. REQUESTING REMOVAL FROM WATCHDOG.
Users and non-users may request that Zero Parallel remove publisher listings they believe are inaccurate, whether the named publisher is the one seeking removal or a third party (including the original submitter) is making the request. Any such request must be accompanied by information Zero Parallel deems sufficiently compelling to conclude that the original posting should be removed, in light of the totality of the circumstances. In arriving at any determination, Zero Parallel will consider, among other things, the veracity of the party making the removal request and the weight of documentary evidence supporting the initial submission. Determinations made by Zero Parallel are final and absolute. Where granted, removal shall take place within a reasonable time to limit the potential harm caused to the inappropriately submitted publisher.
11. LIMITATIONS ON SERVICES.
You use of the WatchDog Services is subject to any rules, regulations, or guidelines applicable to the Services, this Agreement, and any other separate agreement between us. We may terminate this Agreement at any time, without cause, and may terminate any separate agreement between us in accordance with the terms contained therein. We may refuse to permit the use of the Services to anyone at any time, in our sole discretion.
We reserve the right to discontinue, temporarily or permanently, any Services, including by shutting down your user account, without advance notice. If we suspect that you are in breach of this Agreement, or any other agreement between us, we reserve the right to terminate your access to the Services without notice or compensation, in our sole discretion.
You agree that we are not responsible for damages (including consequential or special damages) relating to the Services, whether based on tort, contractual, or any other legal theory, even if you have been advised of the potential for such damages. Our policies may change from time to time at our sole discretion.
12. DISCLAIMER REGARDING ACCURACY OF THIRD-PARTY INFORMATION.
Zero Parallel makes no warranties or representations whatsoever with regard to any product or Services provided or offered by any third-party company, and you acknowledge that any reliance on representations and warranties provided by any third-party company shall be at your own risk.
13. INDEMNIFICATION.
You agree to indemnify and hold harmless Zero Parallel and its owners, employees, directors, officers, proprietors, partners, representatives, shareholders, members, attorneys, predecessors, successors, assigns, and affiliates and the affiliates’ agents from any claim, demand, loss, liability, expense (including but not limited to attorneys’ fees), penalties, and injuries to person or property of any third-party due to or arising from your use of the Services, your violation of this Agreement, or your violation of the rights of such third-party. THIS INDEMNIFICATION SECTION SHALL INCLUDE ANY ACTIONS WITH AN ANTICOMPETITIVE EFFECT. YOU EXPRESSLY AGREE TO INDEMNIFY ZERO PARALLEL FOR ANY HARM VISITED UPON US, INCLUDING SCRUTINY OR PENALTIES FROM THE FEDERAL TRADE COMMISSION OR ANY OTHER GOVERNING BODY, RESULTING FROM YOUR ACTIVITIES ON THE WATCHDOG SYSTEM, WHETHER DIRECT OR INDIRECT.
14. FEES.
WatchDog reserves the right to charge you fees in accordance with the terms of any separate agreement between you and WatchDog, or as the result of your registration for the Services, in any manner which does not violate antitrust law. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with use of the Services as they become due, including any applicable taxes.
15. PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS; LICENSE.
All programs, software, products, information, documentation, and information contained on or available through the WatchDog site, unless otherwise indicated, are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Zero Parallel does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, unauthorized use of this site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes.
This site is Copyright © 2016 Zero Parallel, LLC and/or its licensors. All rights reserved. Zero Parallel, LLC also owns a copyright in the contents of the site as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of this site. Any software and other downloadable or printable programs, information, video or materials available through this site and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by Zero Parallel.
This site is provided by Zero Parallel, LLC. This Agreement provides you with a personal, revocable, limited, non-exclusive, nontransferable license to use this site conditioned on your continued compliance with the terms and conditions of this Agreement. You may print and download materials and information from this site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. This Agreement is a license and not an assignment or sale. Any rights granted hereby are licensed and not sold or otherwise transferred to you. You expressly acknowledge and agree that Zero Parallel transfers no ownership or intellectual property interest in and to the site to you or anyone else.
Notwithstanding the foregoing, you may not modify, alter, translate, decompile, create derivative work(s), copy, distribute, disassemble, broadcast, transmit, reproduce, publish, remove or alter any proprietary notices or labels, license, transfer, sell, mirror, frame, exploit, rent, lease, grant a security interest in, transfer any right(s) in, or otherwise use in any manner not expressly permitted herein the site.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, OR MATERIALS PROVIDED BY ZEROPARALLEL, LLC TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
16. RESPONSBILITY FOR USE.
Use of the Internet and the WatchDog website is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While Zero Parallel has endeavored to create WatchDog as a secure and reliable service, you should understand that the confidentiality of any communication or material transmitted to/from the site over the Internet or other global communication network cannot be guaranteed. Moreover, you understand that the technical processing and transmission of information on the WatchDog site may involve transmission over various networks. Accordingly, WatchDog is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on Zero Parallel, or for the consequences of any reliance on such information. Moreover, you agree to assume all risk and liability arising from your use of the WatchDog site, including the risk of a breach in the security of the site. You assume sole and complete risk for using WatchDog. You shall be fully liable for all use of your account, including the unauthorized use of such account by any third party.
You must use your best judgment and reasonable caution in evaluating all third party postings or other content on the site. Zero Parallel does not endorse, oppose, or edit any opinion or information provided by a user or third party, with the exception of removing temporarily or deleting what appears to be potentially unlawful content or content otherwise prohibited under this policy. Zero Parallel does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, distributed by any user of, or third party contributing materials to, this site. Zero Parallel expressly disclaims all responsibility and liability for such postings, information, and materials.
You shall not interfere with any other client’s use and enjoyment of the Services. Actual or attempted unauthorized use of the site may result in criminal and/or civil prosecution. Zero Parallel reserves the right to view, monitor, and record activity on the site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the site. Zero Parallel will comply with all court orders involving requests for such information.
We may, in our discretion, terminate the Services without notice or compensation if you fail to observe and comply with the terms of this Agreement, or any separate agreement between us. Failure on our part to terminate the Services shall not be construed as a waiver of our right to do so.
17. DISCLOSURE OF YOUR INFORMATION.
In accordance with the WatchDog Privacy Policy, the WatchDog database may display your username in association with any leads you submit to the database, in the interest of promoting transparency and discouraging fraud or improper submissions. Upon request, Zero Parallel may elect not to publish your user information, at its sole discretion.
You acknowledge, consent and agree that Zero Parallel, through the WatchDog Services, may access, preserve, and disclose the information we collect about you if required to do so by law or in good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process and respond to governmental investigations; (ii) enforce the Agreement; (iii) respond to claims that any information, Services, or content violated the rights of the third parties; (iv) respond to your requests for customer Services; or (v) protect the rights, property, or personal safety of WatchDog, its users and the public.
18. LICENSE TO USE SUBMITTED MATERIAL.
By submitting information, content, and materials to a forum or other portion of this site or by otherwise using the site to transmit information, content, and materials, you automatically grant Zero Parallel (and, by extension, all registered and active WatchDog users) a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform, and display such information, content, and materials (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such information, content, and materials. Notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on this site, Zero Parallel has not become and is not a publisher of such information, content, and materials.
19. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
ZERO PARALLEL MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER, NOR ARE WE LIABLE FOR DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH RESPECT TO THE CONTENT OF THE SERVICES, THE SITE, PROGRAMS, THIRD-PARTY COMPANIES, SERVICES OR ANY PRODUCTS ACCESSED THROUGH THIS SITE. ANY FINANCIAL OR OTHER RELATIONSHIP ENTERED INTO BETWEEN YOU AND ANY THIRD-PARTY THAT AROSE FROM INFORMATION RECEIVED OR ACCESSED THROUGH THIS SITE IS SOLELY BETWEEN YOU AND THE THIRD-PARTY. ZERO PARALLEL IS NOT A PARTY TO YOUR AGREEMENTS AND YOU ASSUME SOLE LIABILITY FOR ANY SUCH AGREEMENTS.
THE SITE, INCLUDING ALL CONTENT AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZERO PARALLEL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ZERO PARALLEL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR SERVICES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL ZERO PARALLEL BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF OPPORTUNITIES, COSTS OF COVER, LOSS OF REVENUE, LOSS OF USE, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATED TO THIS SITE, ITS SERVICES, OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply. Notwithstanding the foregoing, total liability for Zero Parallel for any reason whatsoever related to use of this site shall not exceed the total amount paid by you to Zero Parallel in connection with the subject matter of the particular dispute.
20. SERVICES INTERRUPTIONS.
The Services provided by Zero Parallel are contingent upon the independent Services provided by third-parties whose actions are outside our control. The loss of any one of these independent Services may prevent the Services from operating at full capacity, or at all. These interruptions may include, but are not limited to, Services related to power, internet connectivity, telecommunications, account management, or actions taken by you.
Although we will make commercially reasonable efforts to maintain continuous Services, or Services otherwise in accordance with a separate agreement, we are not responsible for any delay or failure in performance that results from events or activities beyond our control, whether or not foreseeable by either party.
21. NO THIRD PARTY BENEFICIARIES.
No provision of this Agreement shall provide any third person with any rights, remedies, claims, reimbursement, or cause of action. You are not entitled to assign your rights under this Agreement to any third party. The rights granted to you under this Agreement are expressly non-exclusive. You may not sell, assign, sublicense, or otherwise transfer your user rights and privileges.
22. BINDING ARBITRATION.
ANY CLAIM OR DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SITE OR THESE TERMS OF USE SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION, except that either party may seek interim relief from any state or federal court in the party’s state of residence to protect the party’s intellectual property rights. ARBITRATION REMOVES YOUR RIGHT TO LITIGATE A CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. IT IS IMPORTANT THAT YOU READ THIS PROVISION CAREFULLY BEFORE ACCEPTING THESE TERMS OF USE. The arbitration will be administered by the American Arbitration Association (“AAA”) under its then-current arbitration rules. If any AAA rule conflicts with these Terms of Use, these Terms of Use shall control. You can obtain procedures, rules, and fee information from the AAA at www.adr.org or 1-800-778-7879 at no cost. Any participatory arbitration hearing that you attend shall take place in Los Angeles, California. California state law will apply during the Arbitration. The judgment upon the award rendered by the arbitrator shall be final and binding and may be entered in any court having jurisdiction. Unless inconsistent with applicable law, each party shall bear the expense of their respective attorneys’, experts’ and witness fees, regardless of which party prevails in the arbitration.
23. FEEDBACK.
Zero Parallel welcomes your feedback and suggestions about how to improve this site. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to Zero Parallel through the Services, you represent and warrant that such feedback does not infringe the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such feedback to Zero Parallel. In addition, any feedback received through this site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Zero Parallel to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
24. MESSAGE STORAGE.
Zero Parallel assumes no responsibility for the deletion of or failure to store any message, including any documentary evidence you provide to Zero Parallel.
25. THIRD-PARTY PRODUCTS/SERVICES.
Zero Parallel, in its sole discretion, may post the advertisements of third parties on this site and/or feature materials, programs, products, and Services provided by third parties. Zero Parallel makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third party materials, programs, products, and Services or any other materials, programs, products, and Services which such third party materials, products, and Services may access. Your correspondence or any other dealings with third parties found on this site are solely between you and such third party. Zero Parallel expressly disclaims responsibility and liability for all third party provided materials, programs, products, and Services contained on or accessed through this site, and you agree that Zero Parallel shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on this site.
26. LINKS TO THIRD-PARTY SITES.
This site may provide links to other sites on the Internet that are owned and operated by online merchants and other third-parties. The linked sites are not under the control of Zero Parallel and you acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. Accordingly, Zero Parallel expressly disclaims any responsibility for the content, materials, accuracy of information, and/or quality of the products or Services provided by, available through, or advertised on these third party sites. Moreover, these links do not imply an endorsement with respect to any third-party or any site or the products or Services provided by any third-party. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all you to review the terms of Services and privacy policies of third-parties’ sites.
27. ACCESS.
You acknowledge that Zero Parallel retains the right, at our sole discretion, to terminate access to this site at any time. Zero Parallel further retains the right to terminate access any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Zero Parallel reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Zero Parallel.
28. EVENTS BEYOND ZERO PARALLEL’S CONTROL.
You expressly absolve and release Zero Parallel from any claim of harm resulting from a cause Zero Parallel’s control, including, but not limited to, the performance of third-party Services providers, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions.
29. PRIVACY POLICY.
Zero Parallel considers your personal identifying information to be private and operates this site by keeping any collected personal identifying information confidential. Nevertheless, you understand, acknowledge, and agree that the operation of this site requires the submission, use, and dissemination of various personal identifying information. Accordingly, your use of this site constitutes acceptance of Zero Parallel’s personal identifying information collection and use practices. Please see the WatchDog Privacy Policy for a summary of the personal identifying information collection and use practices applicable to this Services.
30. GOVERNING LAW.
This Agreement has been made in and will be construed and enforced in accordance with the laws of the state of California as applied to agreements entered into and completely performed in California, without regard to conflict of law principles.
31. NO CLASS ACTIONS.
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSION OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST COMPANY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
32. SURVIVABILITY.
The provisions concerning Consent to be Contacted, Proprietary and Intellectual Property Rights, Events beyond Zero Parallel’s Control, Confidentiality, Indemnity, Representations and Warranties, Disclaimer of Warranty; Limitation of Liability, Admissibility of this Agreement, Term and Termination, Statute of Limitations, and Governing Law will survive the termination of this agreement for any reason.
33. WAIVER.
Failure to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Zero Parallel of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a wavier of that same right or provision at any other time.
34. ADMISSIBILITY.
A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
35. SEVERABILITY.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this Agreement shall continue in effect.
36. RELATIONSHIP OF PARTIES.
No joint venture, partnership, employment, or agency relationship exists between you and Zero Parallel as result of this Agreement or your utilization of this site.
37. RESERVATION OF RIGHTS.
Any rights not expressly granted by Zero Parallel herein are reserved.
38. ENTIRE AGREEMENT.
This Agreement, the WatchDog Privacy Policy, related or associated Services and product or software license agreements, which are all hereby incorporated by reference as if set forth fully herein, represents the entire agreement between you and ZPWatchDog.com with respect to use of this site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Zero Parallel with respect to this site.
Please note that Zero Parallel reserves the right to change the terms and conditions of this Agreement and under which this site and its many offerings are extended to you. In addition, Zero Parallel may add or delete any aspect of this site. Your continued use of this site will be conclusively deemed acceptance of any change to this Agreement or the site.
39. CONTACT INFORMATION.
If you have questions regarding this site or if you are interested in obtaining more information concerning Zero Parallel, please contact us at info@zpwatchdog.com, or by mail at 1125 E. Broadway #545, Glendale, CA 91205. Please contact your third-party Services providers for any questions about their products or Services.
40. STATUTE OF LIMITATIONS.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THE SERVICES OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
41. OTHER TERMS AND CONDITIONS.
Additional notices, terms, and conditions may apply to the purchase of goods, participation in a particular program, and/or to specific portions or features of the site, all of which are made a part of this Agreement by this reference. You agree to abide by such other notices, terms, and conditions, including where applicable representing that you are of sufficient legal age to acquire a product and/or use or participate in a program, Services, or feature. If there is a conflict between this Agreement and the terms posted for or applicable to a specific portion of the site, including any areas to enable the on-line purchase of items or for any program or Services offered on or through the site, the latter terms shall control with respect to your use of that portion of the site. Zero Parallel’s obligations, if any, with respect to its Services, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing herein should be construed to alter such terms, conditions, notices, and agreements.
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