READ CAREFULLY - YOUR USE OF THIS WEBSITE IS GOVERNED BY THE FOLLOWING TERMS AND CONDITIONS.
Your access to and use of zevaapp.com, the ZEVA Stand-alone Applications, or the ZEVA Mobile Application (collectively, the “Site”) is subject to the following Terms and Conditions of Use (the “Agreement”) and all applicable laws. The Agreement applies exclusively to your access to, and use of, the Site and does not alter in any way the terms or conditions of any other agreement you may have with the ZEVA administration team DBA CodeLynx, LLC for services or otherwise. For information on ZEVA or CodeLynx, LLC additional policies relating to Affiliate Assessment Models, Partnership Agreements, or Assessment Tool Certifications, see Zevaapp.com or Contact Info.
By accessing, visiting, browsing or using any part of the Site, you are indicating your acknowledgment that you have read, understand and agree to be bound by this Terms and Conditions of Use Agreement. These terms apply to paid site users, site application testers, demonstration users, free trial participants, and any other person accessing the Site or Site versions. If you do not agree to be bound by this Agreement, or our Privacy Statement, or any other policy governing your access to and use of the Site, you should immediately terminate your access to or use of the Site. If you have any questions regarding this Agreement or your access to or use of the Site, please contact an authorized representative of CodeLynx, LLC at: info@Zevaapp.com
CodeLynx, LLC is not involved in the actual assessments or transactions between Users, assessment clients, or end users of assessment data but rather provides tools, and services, that when used properly enables a User to, securely and confidently, create and evaluate assessment criteria and data. As a result, the quality, safety or legality of the product or service offered or advertised by a User or any Trade Affiliate, the truth or accuracy of the User or any Trade Affiliate listings (including the content thereof or any service or user end use), the ability of the User or Trade Affiliate to establish service offerings based on assessments created, are solely the responsibility of the User and those individuals he or she may be contracting with.
1. Privacy Statement
We respect the privacy of our Users and strongly encourage you to read our Privacy Statement by clicking the Privacy Statement link, so that you may make an informed decision about using zevaapp.com.
2. Access To zevaapp.com
It is a condition of your use of this Site, whether a Visitor, User, User's Client, Trade Affiliate or other individual, directly or indirectly, associated with the User, and/or Trade Affiliate, that all information provided to CodeLynx, LLC in the Account or Membership registration process, and in any subsequent communication thereafter, be correct, current, and complete. If CodeLynx, LLC believes the information you provide, whether as a Visitor, User or Trade Affiliate, in the Account, Membership registration, or Payment process, and in any subsequent communication thereafter, is not correct, current, and complete, CodeLynx, LLC has the right to refuse you access to this Site and/or any of its resources and to terminate or suspend your access at any time.
3. Account Security
Should you register or establish an Account through the Site and become a User or registered Trade Affiliate on the Site, you will be prompted to create your own unique user ID and a password. Your unique user ID and password may only be used by you as the registered participant or user. You are solely responsible for maintaining and protecting the confidentiality of your user ID and password and are fully responsible for all activities that occur under your user ID and password. Unauthorized or suspect use of account user IDs and password are grounds for administrative suspension of the account.
4. Restrictions on Use
The Site is intended to be used by individuals, companies and agencies, who want to assess, document, or establish standards for evaluations and/or risk mitigation. In addition to these uses, you may use this Site for purposes of curiosity, to provide information or make legitimate inquiries to CodeLynx, LLC and/or Trade Affiliates with respect to their services offered or advertised, or to contact authorized representatives of CodeLynx, LLC about any question or issue. You may not use this Site for any other purpose not expressly permitted in this Agreement, including any commercial purpose, without CodeLynx, LLC's express prior written consent. You may not (and may not authorize any other party to): 1) co-brand this Site, or 2) frame this Site, or 3) spider this Site, or 4) hyperlink to this Site, subject to the limited right stated in Section 18 of this Agreement, without the express prior written permission of an authorized representative of CodeLynx, LLC. For purposes of this Agreement, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with CodeLynx, LLC in causing any unauthorized co-branding, framing or hyperlinking immediately to cease.
5. Text and Direct Message Service
CodeLynx, LLC may provide an SMS text or direct message alert service available to its Users and Trade Affiliates with established Accounts or Memberships through the Site. Users and/or Trade Affiliates who decide to use this service will receive SMS text or direct message push-button notifications on his or her cellular phones or other mobile device. You hereby represent, understand and expressly agree that CodeLynx, LLC does not have control over or assume any responsibility for the quality, accuracy or reliability of this SMS text or direct message alert service. Although, CodeLynx, LLC does not charge its Users or Trade Affiliates for this service, carrier charges may apply for receiving these messages. You are solely responsible for any costs incurred when receiving SMS text or direct message alerts from CodeLynx, LLC.
6. Billing, Payment and Refund Policy
Subscription fees will be charged to use services and features on the Site and will be charged to the payment method on file per the recurring charge profile established between CodeLynx, LLC and the User. Fees, that are charged fees, are subject to change by CodeLynx, LLC from time to time, and a schedule of current fees is available upon request. CodeLynx, LLC reserves the right to correct any errors or mistakes that it makes, even if it has already requested or received payment. Unless otherwise specified on the Site, there will be no right to refunds after any payment.
Unless otherwise indicated, all Site materials, including, without limitation to, the ZEVA logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel”, are the proprietary and copyrighted property of CodeLynx, LLC or its licensors. You may electronically copy and print to hard copy portions of the Site for the sole purpose of using materials it contains for information and non-commercial, personal use only. All reproduced material requires CodeLynx, LLC 's copyright notice in the form of “© 2014 CodeLynx, LLC - All Rights Reserved” to be displayed on the relevant page(s). Any other use of the materials in the Site including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display or performance without the prior written permission of CodeLynx, LLC is strictly prohibited.
ZEVA, Zevaapp.com, the ZEVA logo, and any proprietary product or service names contained in this Site are either trademarks or registered trademarks of CodeLynx, LLC or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of CodeLynx, LLC. All other trademarks, registered trademarks, product names, service names and company names or logos mentioned herein are the property of their respective owners.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, services, photos, videos, reviews, or other information, provided by you in the form of e-mail or submissions to CodeLynx, LLC shall grant to CodeLynx, LLC a perpetual, worldwide, non-exclusive license to use such materials in connection with the maintenance of its Site.
10. Trade Affiliates
CodeLynx, LLC does not endorse and is not responsible or liable for any User Content, Trade Affiliate Content, data, products, goods or services available from, or through, any Users or Trade Affiliate. CodeLynx, LLC is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in evaluations performed by a User or Trade Affiliate and any other terms, conditions, representations or warranties associated with such dealings, are between you, the User, and such Trade Affiliates exclusively and do not involve CodeLynx, LLC. You agree that CodeLynx, LLC is not responsible for the accessibility of any User or Trade Affiliate or for your interactions and dealings with them, you waive the right to bring or assert any claim against CodeLynx, LLC relating to any interactions or dealings with any User or Trade Affiliate, and release CodeLynx, LLC from any and all liability for or relating to any interactions or dealings with any User or Trade Affiliate.
11. Content Review
CodeLynx, LLC may elect to electronically monitor areas of the Site and may disclose any content, records or electronic communication of any kind to satisfy any law, regulation or government request, if such disclosure is necessary or appropriate to operate the Site, or to protect the rights of CodeLynx, LLC, its members, officers, independent contractors, Trade Affiliate, consultants, sponsors, licensors, users or the public. CodeLynx, LLC retains the right, but not the obligation, to monitor and edit or remove any activity or content that it deems in its sole discretion to be harmful to users, CodeLynx, LLC or the rights of any third party, or to violate any applicable law.
Whether you are a User or Trade Affiliate, you agree to defend, indemnify and hold harmless CodeLynx, LLC, its members, officers, independent contractors, and consultants, and their respective directors, employees and agents, from and against any third party claim, damages, costs and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of your use of the ZEVA Web Site or the use of any photographs, images, maps or materials you provide, including without limitation any actual or threatened suit, demand, or claim made against CodeLynx, LLC and/or its members, officers, independent contractors or consultants, that use of the photographs, images or material provided infringes, misappropriates or otherwise violates any copyright, trademark, right of publicity or other proprietary right of any third party. You agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim.
13. Breach of Agreement and Liquidated Damages
You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for CodeLynx, LLC to pursue legal action to enforce the terms and conditions of this Agreement, You will be liable to pay CodeLynx, LLC the following amounts as liquidated damages, which you accept as reasonable estimates of damages for the specified breaches of this Agreement:
(a) If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of this Agreement, you agree to pay Ten Thousand Dollars ($10,000), in addition to ceasing operations and distribution of the content.
(b) If you use computer programming routines that are intended to aggregate records or reviews from the Site or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden the Site, you agree to pay Five Thousand Dollars ($5,000) for each review or record that is aggregated, disrupted, damaged or otherwise affected by you.
(c) Except as set forth in the foregoing subparagraphs (a) and (b), inclusive, you agree to pay the actual damages suffered by CodeLynx, LLC, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
By using the Site, including any applets, software, and content contained therein, you agree that use of the Site is entirely at your own risk. This website and the materials in this web site are provided on and “AS IS” basis without warranties of any kind, either express or implied. CodeLynx, LLC disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. CodeLynx, LLC does not represent or warrant that materials in this web site, including without limitation any information about CodeLynx, LLC provided by third parties, are accurate, complete, reliable, current, or error-free. CodeLynx, LLC does not represent or warrant that this web site or its server(s) are free of viruses or other harmful components. CodeLynx, LLC reserves the right to change all content contained on this Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, Trade Affiliate, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by CodeLynx, LLC.
15. Limitation of Liability
IN NO EVENT SHALL CODELYNX, LLC OR ITS MEMBERS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND 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 WEB SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEB SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM CODELYNX, LLC, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CODELYNX, LLC RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CODELYNX, LLC (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE CODELYNX WEB SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO CODELYNX, LLC FOR ACCESS TO OR USE OF THIS WEB SITE. IN THE EVENT OF A DISPUTE BETWEEN USERS (TO INCLUDE A SITE VISITOR, USER, USER'S CLIENT, TRADE AFFILIATE, OR OTHER INDIVIDUAL, DIRECTLY OR INDIRECTLY, ASSOCATED WITH THE USER, AND/OR TRADE AFFILIATE), YOU AGREE TO RELEASE CODELYNX, LLC, ITS EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, ADVISORS AND VOLUNTEERS OR ANYONE ELSE WHO HAS PARTICIPATED IN THE CREATION DEVELOPMENT OR DELIVERY OF THIS SITE (COLLECTIVELY “CODELYNX, LLC AND ITS AFFILIATES”) FROM ALL CLAIMS, DAMAGES AND DEMANDS THAT MAY OR MAY NOT BE KNOWN, SUSPECTED OR RELATED TO SUCH DISPUTES ABOUT OUR SERVICE. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, CODELYNX, LLC MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER, USER CREATED CONTENT, TRADE AFFILIATE SERVICE, OR TRADE AFFILIATE OF THE SITE, INCLUDING, WITHOUT LIMITATION, PARTICIPANTS IN ANY THIRD-PARTY PAYMENT PROCESSING OR VERIFICATION SERVICE OFFERED ON OUR SITE.
16. Assumption of Risk
You assume all risk related to the use of the Site, including, but not limited to, all the risks associated with any online or offline interactions with Visitors, Users and/or Trade Affiliate of the Site. You hereby represent, understand and expressly agree to take all necessary precautions when interacting with any Visitor, User and/or Trade Affiliate of the Site.
17. Linking to zevaapp.com
You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray Zevaapp.com, CodeLynx.COM or CodeLynx, LLC, its Users, or Trade Affiliate in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, spider, frame or utilize framing techniques to enclose any ZEVA trademark, logo or other CodeLynx, LLC proprietary information, including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page without CodeLynx, LLC's express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing CodeLynx, LLC, CodeLynx.com, ZEVA, or Zevaapp.com name, trademark or product name without CodeLynx, LLC's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of CodeLynx, LLC or any third party. CodeLynx, LLC makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Web Sites linking to Zevaapp.com.
18. Third Party Links
CodeLynx, LLC and the ZEVA Site may provide links to Web pages and content of third parties (“Third Party Content”) as a service to those interested in this information. CodeLynx, LLC does not monitor, nor does it have any control over, any Third-Party Content. CodeLynx, LLC does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. CodeLynx, LLC makes no representations or warranties of any kind regarding such Third-Party Content, or any information contained therein, and undertakes no responsibility to update or review any Third-Party Content. When leaving the Zevaapp.com Site, you should be aware that CodeLynx, LLC's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Users use these links and Third-Party Content contained therein at their own risk.
19. Severability and Non-Waiver
If any provision of the Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions. The failure of CodeLynx, LLC to insist upon or enforce strict performance of any of the provisions of the Agreement or to exercise any rights or remedies under the Agreement will not be construed as a waiver or relinquishment to any extent of CodeLynx, LLC’s right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather, the same will be and remain in full force and effect.
20. Applicable Law
The laws of the State of South Carolina will govern and construe the Agreement without giving effect to any conflict of law provisions to the contrary. By use of the Site, you irrevocably consent for all disputes with CodeLynx, LLC to the venue of the Circuit Court of South Carolina for the County of Charleston or the United States District Court for South Carolina. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of our jurisdiction.
Notwithstanding any of the provisions in the Agreement, CodeLynx, LLC reserves the right, without notice and in its sole discretion, to terminate your use and membership of this Site and to block or prevent future access to and use of this Site.
22. Questions and Contact Information
General questions or comments about the ZEVA Site, Zevaapp.com, CodeLynx.com or CodeLynx, LLC may be directed to Customer Service at info@Zevaapp.com.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SITE. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Last Modified August 14, 2018