THE AGREEMENT: The use of this website, Zetran.com/mybooks, and any and all services on this website, provided by Zetran Corporation ("Zetran” or the "Company"), are subject to the following Terms of Service Agreement (hereinafter the "Agreement"), all parts and subparts of which are specifically incorporated by reference here. This Agreement shall govern the use of all sections, subsections, pages, and screens on the website (“Website” or "myBooks") and any services provided by Zetran or on myBooks ("Services").
This Agreement also specifically incorporates by reference the following:
ARTICLE 1 - DEFINITIONS:
The parties referred to in this Agreement shall be defined as follows:
- Company, us, we: Zetran, as the creator, operator, and publisher of myBooks, makes myBooks, and certain Services on it, available to its Users. Zetran, Company, us, we, our, ours and other first-person pronouns will refer to Zetran, as well as all employees and affiliates of Zetran.
- You, the User: You, as a passive or active visitor to myBooks, or as a User of any of the Zetran Services, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or as User. Users will generally be administrators or business managers for their organizations.
- Parties: Collectively, the parties to this Agreement, (the Company and you) will be referred to as "Parties".
ARTICLE 2 - ASSENT & ACCEPTANCE:
By using myBooks, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please exit the myBooks website and cease any use of the Zetran Services. Zetran only agrees to provide use of myBooks and the Services to you if you assent to this Agreement.
“BY USING MYBOOKS, YOU ARE AGREEING THAT ANY DISPUTES BETWEEN YOU AND ZETRAN WILL BE RESOLVED BY ARBITRATION. SUCH ARBITRATION WILL BE BINDING. YOU ARE HEREBY WAIVING YOUR RIGHT TO A TRIAL OR CLASS ACTION. FURTHER INFORMATION CAN BE FOUND IN ARTICLE 34C BELOW.”
ARTICLE 3 - AGE RESTRICTION:
You must be at least 18 (eighteen) years of age to use myBooks or any Services contained herein. By using myBooks, you represent and warrant that you are at least 18 (eighteen) years of age and may legally enter into a binding contract with Zetran. We disclaim any liability for any misrepresentation of your or any other User's age. You further represent and warrant that you are not currently on, and have never been on, any sex offender registry in any local, state, or federal jurisdiction, that you are not a convicted felon, and that you are not prohibited from using myBooks under the laws of the United States or any applicable jurisdiction. Specifically, you represent and warrant that you are not on the U.S. Treasury Department's list of Specially Designated Nationals.
ARTICLE 4 - DESCRIPTION OF SERVICES:
The myBooks website is an online platform and cloud-based product, for use in the online financial accounting and bookkeeping services needed by small and medium-sized businesses. Although not to be considered an exhaustive list of services, Users on myBooks may, for their business, connect bank and investment accounts, upload sales and purchase information, track cash flow and expenses, and keep track of company-wide contacts. Generally, the primary User for an account on myBooks will be a business owner or administrator. Such primary User may then invite additional Users within their business to use and access myBooks.
Should you, as a User of myBooks, choose to link any external websites or services (collectively, “External Websites”) to myBooks, including but not limited to bank websites, you acknowledge and agree that your use of those External Websites is subject to the Terms Of Service or other User agreements of those External Websites alone, and that Zetran has no control over, or responsibility for, your relationships with those External Websites and other service providers.
ARTICLE 5 - REGISTRATION:
To use myBooks or any of the Services thereupon, you will be asked to register with us for your organization. When you register, the Company may collect information such as, but not limited to, your name, primary email address, and organization information.
You and your organization are responsible for ensuring the continued accuracy of this information. This information will enable you to use myBooks and the Services. You must not share such identifying information
with any third party, and if you discover that your information has been compromised, you agree to notify us immediately in writing. An email notification will suffice to
You and your organization are responsible for maintaining the safety and security of your information, as well as keeping us apprised of any changes to your information. Providing false or inaccurate information, or using myBooks or the Services to further fraud or unlawful activity, is grounds for immediate termination of your account and this Agreement with you.
For additional information regarding our collection of information, please refer to our Privacy & Policy .
ARTICLE 6 - PAYMENT & BILLING:
If you elect to upgrade your account to the paid subscription Services, available on myBooks, you will first be permitted to engage in a 30-day free trial. At the near-expiration of the trial, you will receive email communications reminding you to update your billing information so that we may continue the provision of the paid Services to you. If, at the expiration of your free trial, we have not received valid billing information, your account will be downgraded to the free Services.
After the trial has ended and you elect to continue your subscription, you will be asked for, and must provide, payment and billing information for your business, including, but not limited to, your credit card or debit card number and billing address. You may be asked for additional information, such as, but not limited to, card security code or other information for billing or verification purposes. Zetran’s myBooks uses the third-party payment processor Stripe to collect and store billing information.
You will pay the monthly subscription amount required to access the Service. The first payment will be made at the conclusion of the trial period, upon your provision of valid payment information. Subsequent monthly payments will be made as described to you during the account check-out process. You authorize us to charge your credit card or debit card for the subscription amount shown to you at the time of your election of the paid subscription, each month until your requested cancellation, which may be done by accessing the Organization Settings section of your account.
If Zetran attempts to charge your listed pay account and is not able to receive valid payment, we will first attempt to contact you through email. To avoid interruption of Services, if you do not keep your payment and billing information up-to-date, we may, through your card provider and services they provide, attempt to independently update your information. You hereby authorize us to do so and to continue charging you for the agreed-upon amount.
If contact attempts fail and we are not able to independently update your information, your account will then be downgraded to a free version of the Services.
You may modify your payment information through the Organization Settings portion of your account.
You hereby acknowledge and agree, that you must keep your payment and billing information up-to-date and accurate for the ongoing provision of Services to you. If any of your payment or billing information is not up-to-date or accurate, we may temporarily suspend or permanently terminate your account.
Zetran may, from time-to-time, offer you promotional payment information or discounts, in our sole and exclusive discretion. If we do so, you acknowledge and agree that we are under no obligation to continue offering or providing such promotions or discounts and that we may cease such promotions or discounts at any time.
ARTICLE 7 - FINANCIAL INSTITUTION INFORMATION FEEDS:
Through your use of myBooks, you will be able to link bank accounts, investment accounts, and other financial accounts of your choosing. The linked banking information is not stored on myBooks, but is linked and processed through Plaid.io. Generally, the cost of these Services is included in the subscription cost to you. However, in case of any large, additional, or unforeseen fees incurred through the use of these Services, Zetran reserves the right to pass those fees onto you. You acknowledge and agree that Zetran may do this, and that you will pay the fees as determined by your financial institution. Zetran will inform you, as soon as is practicable, about the institution of any such fees. If you choose not to pay such fees, Zetran may terminate the specific link to the financial institution requiring the fees, or Zetran may terminate your account, at our sole and exclusive discretion.
ARTICLE 8 - PLAID.IO USAGE:
You, as a User of myBooks, expressly grant Plaid.io the right, power, and authority (acting on behalf of yourself) to access and transmit any of your data as reasonably necessary for Plaid to provide the Service through myBooks to you.
For additional information regarding our and Plaid.io’s collection and transmission of information, please refer to our Privacy & Policy .
ARTICLE 9 - MOBILE USAGE:
You may be able to access myBooks or the Services through a compatible mobile device, and/or the Internet, and may require software. If you do so, you acknowledge and agree that you are solely responsible for the usage of that mobile device, and your relationship with your mobile service provider, including any applicable charges, fees, or other terms which may apply.
We make no warranties or representations of any kind, whether express or implied, in regard to your access to the Services through any device.
ARTICLE 10 - NO 501(c)(3) STATUS:
You acknowledge and agree that Zetran is not a charitable organization, as that term is defined under the Internal Revenue Code. Managing financial records on myBooks alone does not entitle you to receive any tax-deduction based on your use of myBooks.
ARTICLE 11 - DISCLAIMER:
You acknowledge and agree that myBooks is not a legal service, financial advisory service, tax service, or any other regulated entity. Nothing herein should be considered legal advice, tax advice, brokerage advice, or investment advice. Further, the information provided herein should not be taken as financial planning or investment solicitation. If you are in need of legal advice or financial advice, please consult the appropriate advisor, such as your own attorney, accountant, or other professional.
Reports, documents, snapshots or other information received on or through myBooks may not be appropriate for your particular situation, the assessment of which is your sole and exclusive responsibility.
ARTICLE 12 - LICENSE TO USE THE MYBOOKS WEBSITE:
The Company may provide you with certain materials as a result of your use of myBooks or the Services. Such materials may include, but are not limited to, documentation, data, or information developed by the Company, and other materials which may assist in your use of myBooks or the Services ("Company Materials"). Subject to this Agreement, the Company grants you a personal, non-exclusive, limited, non-transferable and revocable worldwide and royalty-free license to use the Company Materials solely in connection with your use of myBooks and the Services. The Company Materials may not be used for any other purpose and this license terminates upon your cessation of use of myBooks, or the Services, or at the termination of this Agreement.
ARTICLE 13 - INTELLECTUAL PROPERTY:
You agree that myBooks and all Services provided by the Company, are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property, including, but not limited to, Zetran Corporation, Zetran, myBooks, and any other trademarks or service marks found on the myBooks website ("Company IP"). The Company IP also includes a copyright in the entirety of the myBooks website. You agree that the Company owns all right, title, and interest in and to the Company IP, and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from the Company.
If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our Users, please contact us and let us know.
ARTICLE 14 - INTERACTIONS WITH OTHER USERS:
You may be permitted to communicate with other Users through the interactive features of myBooks. Zetran hereby expressly disclaims any and all responsibility for the actions, interactions, conduct, communications or other relationships of any Users on or off myBooks.
Zetran encourages all Users to look out for their own safety on and off myBooks. As such, please be reminded of basic safety tips, such as to never disclose financial or other official personal documentation with anyone. Regardless, Zetran makes no warranties, representations, guarantees, or other promises or covenants with regard to any User or their conduct.
You hereby acknowledge and agree that Zetran is not responsible or liable in any way for your actions with others, and that your actions and interactions are your sole and exclusive responsibility.
ARTICLE 15 - ACCEPTABLE USE:
You agree not to use myBooks or the Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use myBooks or the Services in any way that could damage myBooks, Zetran, the Services, or general business of the Company.
You further agree not to use myBooks or the Services:
- To harass, abuse, bully or threaten others or otherwise violate any person's legal rights.
- To violate any intellectual property rights of the Company or any third party.
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
- To perpetuate any fraud.
- To engage in, or create any unlawful gambling, sweepstakes, or pyramid scheme.
- To publish or distribute any obscene or defamatory material.
- To publish or distribute any material that incites violence, hate or discrimination towards any group.
- To post any material which contains graphic violence.
- To post any material which contains nudity.
- To spam or otherwise solicit any Users.
- To post any intellectual property, including photos, of any other person without their permission.
- To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information,or otherwise.
- To imply any endorsement by the Company.
- To provide for, or make the Services available to any third party.
- To upload or post anything, including any of the Services, on any file-sharing or similar application or website.
- To unlawfully gather information about others.
- To create fake accounts or additional accounts in the circumstance that your account has been terminated.
- To impersonate or attempt to impersonate the Company, a Company employee, another User, or any other person or entity (including, without limitation, by using email addresses or Usernames associated with any of the foregoing).
You acknowledge and agree that we may terminate your account at any time if you violate any of the terms of this Agreement, at our sole and exclusive discretion. Zetran may also take further action such as notifying the appropriate authorities, removing any content that you may have posted, or other such action as we deem appropriate. Zetran may also stop any transaction which the Company believes may be harmful to the public, or the Company, or otherwise poses any unacceptable risk.
ARTICLE 16 - EXPORT CONTROLS:
You hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology, and other technical data may be subject to the export and import laws of the United States and possibly other countries. You agree to comply with all applicable export and import laws, statutes, and regulations, including, but not limited to, the Export Administration Regulations, as well as the Sanctions Control Program of the United States.
ARTICLE 17 - SERVICE CHANGES:
At our sole and exclusive discretion, we may offer additional Services, or we may update, modify, or revise any current content and Services. If we do so, this Agreement shall apply to any and all additional Services and/or products, and any and all updated, modified, or revised Services unless otherwise stipulated. We hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products at our discretion. You, as the end User, acknowledge, accept, and agree that we shall not be held liable for any such updates, modifications, revisions, suspensions, or discontinuance of any of our Services. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications, shall constitute your acceptance of such updates, changes and/or modifications. Should you not agree to the updates, revisions, or modifications, you must stop using the myBooks website and Services immediately.
ARTICLE 18 - USER-GENERATED CONTENT:
Zetran’s myBooks may contain certain interactive features which allow Users to publicly post, submit, publish, display, or transmit to other Users or other persons (hereinafter, "Post") User-generated content, such as text or any other non-Company content or materials (collectively, "User Contributions").
All User Contributions must specifically comply with the Acceptable Use provision in this Agreement and the terms of this Agreement as a whole.
Any User Contribution you post to myBooks will be considered non-confidential and non-proprietary and should otherwise be considered public. Zetran may, but does not maintain, an obligation to monitor any User Contributions posted to the Website.
By providing any User Contribution on or to myBooks, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, a royalty-free, non-exclusive, worldwide license to use, reproduce, modify, perform, display, broadcast, transmit, distribute, make derivative works of, and otherwise disclose to third parties any such content you post, publish, upload or otherwise make available to Zetran through the myBooks website. Such content specifically includes any text you write, photos or videos of you, videos or photos you provide, or other identifying content that you may make available on the myBooks website. Such license specifically includes the ability to remove any User Generated Content at our sole and exclusive discretion. The Company claims no further proprietary rights in your User Contributions.
You further represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- All of your User Contributions do and will comply with this Agreement.
- You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you, or any other User of the myBooks Website.
As part of the User Contributions permitted, we may ask for or allow User feedback (“Feedback”). Such Feedback may include, but is not limited to, ideas for new Services on myBooks, marketing or promotional suggestions, or other general ideas about improving myBooks or the Services. By submitting any Feedback, you hereby acknowledge and agree that you will not be compensated or otherwise credited for your Feedback, and that Zetran may implement your Feedback at any time, with no notice to you and with no compensation or credit. You hereby irrevocably assign, convey, and transfer, all right, title, and interest in and to the Feedback, and waive your claims of ownership, compensation, or other rights you have regarding, or in relation to, the Feedback. We may use, reproduce, modify, distribute, manipulate, display, publish, broadcast or otherwise fully exploit the Feedback at our sole and exclusive discretion and you retain no rights in the Feedback you submit.
If you do not wish to assign all rights in and to your Feedback, please do not post or provide any Feedback to Zetran.
ARTICLE 19 - REVERSE ENGINEERING & SECURITY:
You agree not to undertake any of the following actions:
- Scan or probe the underlying structure of myBooks.
- Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on myBooks or Services.
- Violate the security of myBooks or Services through any unauthorized access, circumvention of encryption, or other security tools, data mining or interference to any host, User or network.
- Use bots, web crawlers, or any similar devices or online tools to access or index data from myBooks.
- Attempt to disrupt the experience of other Users on myBooks in any way.
- Disseminate any virus or other bad code which could harm myBooks, Zetran, or the Services, or any device of any User.
ARTICLE 20 - DATA LOSS:
The Company does not accept responsibility for the security of your account or content. While Zetran attempts to maintain the safety and security of the Services according to industry standards, no transmission of data via the internet is completely secure. Thus, you agree that your use of myBooks or Services is at your own risk.
ARTICLE 21 - INDEMNIFICATION:
You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of myBooks or Services, your breach of this Agreement, or your conduct or actions or the conduct or actions of any other myBooks User in relation to you. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.
California residents who may access myBooks, hereby waive California Civil Code Section 1542, the text of which is as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If any comparable statute, regulation, or doctrine exists in your jurisdiction, you hereby waive such statute, regulation, or doctrine, as well.
ARTICLE 22 - SPAM POLICY:
You are strictly prohibited from using myBooks or any of the Company's Services for illegal spam activities, including gathering email addresses and personal information from others, or sending any mass commercial emails.
ARTICLE 23 - THIRD-PARTY LINKS & CONTENT:
The Company may display, include, or make available, third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume, and will not have any liability or responsibility to you, or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk, and subject to such third parties' terms and conditions.
ARTICLE 24 - MODIFICATION & VARIATION:
The Company may, from time to time and at any time without notice to you, modify this Agreement. If we do so, we will change the “Last Modified” date at the top of this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effective immediately upon posting online, on myBooks, and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
You agree to routinely monitor this Agreement, and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to do so only after myBooks has been fully closed and reopened, and your cache has been cleared to avoid accessing a prior version of this Agreement. You agree that your continued use of myBooks after any modifications to this Agreement is a manifestation of your continued assent to this Agreement.
In the event that you fail to monitor any modifications to or variations of this Agreement, you agree that such failure shall be considered an affirmative waiver of your right to review the modified Agreement.
ARTICLE 25 - GEOGRAPHIC RESTRICTIONS:
Zetran is based in the state of Delaware, in the United States. We provide myBooks for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
ARTICLE 26 - SERVICE INTERRUPTIONS:
The Company may need to interrupt your access to myBooks to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to myBooks may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
ARTICLE 27 - TERM, TERMINATION & SUSPENSION:
The Company may terminate this Agreement with you at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, behaving inappropriately with any other User, and/or publishing or distributing illegal material. If your account is terminated by the Company, you will not be entitled to any refund of any monies spent on myBooks and you may be required to pay fees for Services provided up until the date of termination. You may also terminate your account at any time through the myBooks website by going to the Organization Profile, then selecting “Delete Account”.
At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect, specifically including but not limited to Articles 10, 11, 13, 14, 16, 17, 21, 28, 29, 30, 31, & 34.
ARTICLE 28 - NO WARRANTIES:
“ YOU AGREE THAT YOUR USE OF MYBOOKS AND THE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK AND THAT ANY SERVICES PROVIDED BY US ARE ON AN "AS IS" BASIS. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND THE IMPLIED WARRANTY OF MERCHANTABILITY ”.
“ THE COMPANY MAKES NO WARRANTIES THAT MYBOOKS OR THE SERVICES WILL MEET YOUR NEEDS OR THAT MYBOOKS OR THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. THE COMPANY ALSO MAKES NO WARRANTIES AS TO THE RELIABILITY OR ACCURACY OF ANY INFORMATION ON MYBOOKS OR OBTAINED THROUGH THE SERVICES ”.
“ YOU AGREE THAT ANY DAMAGE THAT MAY OCCUR TO YOU, YOUR DEVICE, YOUR COMPUTER SYSTEM, OR GENERALLY AS A RESULT OF A LOSS OF YOUR DATA FROM YOUR USE OF MYBOOKS OR SERVICES IS YOUR SOLE RESPONSIBILITY AND THAT THE COMPANY IS NOT LIABLE FOR ANY SUCH DAMAGE OR LOSS ”.
ARTICLE 29 - LIMITATION ON LIABILITY:
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY, INCLUDING ANY EMPLOYEES, AFFILIATES, SERVICES PROVIDERS,CONTRACTORS OR AGENTS, SHALL NOT BE LIABLE FOR ANY DAMAGES THAT MAY OCCUR TO YOU AS A RESULT OF YOUR USE OF MYBOOKS OR THE SERVICES. THIS SECTION APPLIES TO ANY AND ALL CLAIMS BY YOU, INCLUDING, BUT NOT LIMITED TO; LOSS OF DATA, LOSS OF GOODWILL, LOST PROFITS OR REVENUES, CONSEQUENTIAL, INDIRECT, SPECIAL EXEMPLARY OR PUNITIVE DAMAGES, NEGLIGENCE, STRICT LIABILITY, FRAUD, OR TORTS OF ANY KIND. WHETHER SUCH CLAIMS ARE DIRECT OR INDIRECT, AND WHETHER SUCH CLAIMS ARE ALLEGED TO BE FROM YOUR USE OF MYBOOKS, YOUR INTERACTION WITH ANOTHER USER, OR YOUR INTERACTION WITH ANY THIRD-PARTY. THE MAXIMUM LIABILITY OF THE COMPANY ARISING FROM OR RELATING TO THIS AGREEMENT IS LIMITED TO THE AMOUNT YOU PAID TO THE COMPANY IN THE PRIOR 3 (THREE) MONTHS. ”.
SOME OR ALL OF THE LIMITATIONS PROVIDED IN THIS SUBSECTION MAY NOT BE APPLICABLE TO YOU, DEPENDING UPON YOUR JURISDICTION.
ARTICLE 30 - CLAIM LIMITATION:
ARTICLE 31 - TAXES:
You are solely and exclusively responsible for any taxes that may be applicable to your use of the Services or otherwise. You acknowledge and agree that it is your responsibility to determine your tax liabilities, and Zetran is not responsible for any tax issue related to your use of the myBooks website or Services.
ARTICLE 32 - CUSTOMER SERVICE:
Should you need to contact Zetran in any way for customer service, technical issues, or any other communication required, you may reach us as follows:
225 Cedar Hill Street,
Marlborough, MA 01752
ARTICLE 32 - CUSTOMER SERVICE:
You may be accessing myBooks through an application on your Apple device which was provided by the Apple iTunes store. If so, please be advised as follows:
- Apple does not and will not provide any customer support, help, or other assistance with regard to myBooks - only we can help with any questions, concerns, claims, losses, liabilities, damages, costs, expenses or issues you may face with our application.
- Should myBooks not conform to any express or implied warranty, you may notify Apple, in which case Apple’s only responsibility will be to refund the purchase price, if applicable.
- To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to myBooks.
- You are hereby acknowledging and agreeing not to use myBooks except on your personal Apple device.
- Your license to use myBooks is a limited license, provided on a non-transferable, non-sublicensable, non-exclusive basis and may only be utilized for your personal, non-commercial use subject to this Agreement.
- You acknowledge and agree that should a third party claim arise concerning the myBooks application, or the use of the application by you, with respect to an alleged infringement of a third party’s intellectual property rights, that Zetran, and not Apple, will undertake the investigation, defense, settlement, and discharge of any such infringement claim or claims.
- You represent and warrant that you are not located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as being a terrorist-supporting country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- You acknowledge that in the utilization of the myBooks application, you will act in accordance with any applicable third party terms or User agreements which may affect or be affected by the myBooks application.
- You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these terms, and upon your acceptance of these terms, Apple has the right (and will be considered to have accepted the right) to enforce these terms against you as third party beneficiary hereof.
ARTICLE 34 - GENERAL PROVISIONS:
- LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
- JURISDICTION, VENUE & CHOICE OF LAW: Through your use of myBooks or Services, you agree that the laws of the State of Delaware shall govern any matter or dispute relating to, or arising out of this Agreement, as well as any dispute of any kind that may arise between you and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of Delaware, Middlesex County. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non-conveniens or similar doctrine.
- ARBITRATION: In case of a dispute between the Parties relating to, or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration, under the Consumer Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in Middlesex County, Delaware. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law, as well as the law of the state of Delaware. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this subpart, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims - i.e. You hereby understand and agree that you are giving up your right to a jury trial or other litigation to assert any claims against the Company. Through this Agreement, you are also relinquishing any right to be engaged in a class action or other group proceeding against the Company.
- ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
- SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
- NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
- HEADINGS FOR CONVENIENCE ONLY: Headings of parts and subparts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
- NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
- FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. We may also reach out to you at any phone number
you have provided. For any questions or concerns, please email us at
- ENTIRE AGREEMENT: This Agreement constitutes the entire understanding between the Parties with respect to any and all use of the myBooks Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of the myBooks Website.