Terms & Conditions
THE ZORAK PROJECT, INC. Website Terms and Conditions ("Terms").Please read the following Terms carefully before using THE ZORAK’S PROJECT ("COMPANY", "our" or "we") website, WWW.THE ZORAKPROJECT.ORG, as well as any online features, services and/or programs offered by COMPANY (collectively, the "Website").
By accessing or using the Website, you agree to the following Terms. You should review these Terms regularly as they may change at any time at the sole discretion of COMPANY. If you do not agree to any portion of these Terms, you should not access or otherwise use the Website. "Content" refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the Website.
We will make an effort to update this web page with any changes to these Terms and/or to the services described in these Terms and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appear at the end of these Terms).
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. THE WEB SITE IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN.
SITE USE AND CONTENT. You may view, copy or print pages from the Website solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Website without the express, prior, written consent of COMPANY. At any time, we may, without further notice, make changes to the Website, to these Terms and/or to the services described in these Terms.
USER ACCOUNT, PASSWORD, SECURITY AND ELECTRONIC ACCOUNT SERVICES.
(a) DEFINITIONS. The following definitions govern the terms of this Paragraph and as used elsewhere in these Terms:
- Business Day means every day except Saturdays and Sundays and federal holidays.
- Payment Account means your personal or business checking, savings, or money market account from which you will submit a donation to the COMPANY.
- Payee means COMPANY, or its subsidiary, to which you direct a payment.
Payment Instructions means the information provided by you for a bill payment to be made to Payee (i.e., banking account number, ABA number, payment date, payment amount, and any additional information). - Payment Due Date means the Business Day of your choice and as designated by you upon which your payment will be received by Payee and your Payment Account will be debited.
- Pending Bill Payment means a pending bill payment authorized by you through the Online Service that has not been debited to your Payment Account.
b) ONLINE ACCOUNT ACCESS. The Company may offer certain types of features through its Website, including the Online Account Access features (the "Online Service"), we require the use of encryption technologies provided for your protection and/or your use of a user identification name ("User ID") and password after setting up a user account ("User Account"). The Online Service is available by clicking on the Online Account Access login at THE ZORAK PROJECT.ORG. For self-enrollment, you must provide Account-specific information to authenticate yourself (e.g., Account owner name and address, Account number and meter number). In these Terms, "you" and "your" refer to each person, or, if applicable, the entity who is an owner, signer, or has unrestricted access to a User Account and each person that uses the Online Service with your permission ("Authorized User"). You may never use another person's User Account and/or User ID without permission. When your Online Service is linked to one or more Accounts, COMPANY may act on the oral, written, or electronic instructions of any authorized signer regarding your service for those Accounts. It is your responsibility to notify COMPANY if an Authorized User should no longer be given access to an Account through the Online Service.
(c) USER ACCOUNT AND PASSWORD. We use reasonable precautions to protect the privacy of your User ID, password and User Account information by utilizing a Secure Socket Layer ("SSL") connection. Accordingly, your User ID, password and User Account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Website. You, however, are ultimately responsible for protecting your User ID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You are required to take reasonable precautions to safeguard your User ID and password. You agree to never leave your computer unattended while using the Online Service and to always exit the Online Service by clicking on "Log Out." You also agree to immediately notify COMPANY of any unauthorized use of your User ID, password and/or User Account, or any other breach of security by email: support@thezorakproject.org. You are solely responsible for any activity that occurs with respect to your User Account and User ID. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception or interruption.
(d) RELIANCE BY COMPANY. You authorize COMPANY to rely on your User ID and password to identify you when you use the Online Service, and as signature authorization for any payment made using the Online Service. You acknowledge and agree that you are responsible for all payments you make using the Online Service and for paying any and all late charges or penalties. You also acknowledge and agree that if you permit another person or persons to use the Online Service or give them your User ID and/or password, you are responsible for any payment that person makes to your Account, even if the person exceeds your authorization. You agree that COMPANY may comply with the Payment Instructions entered by any person using your User ID and Password, subject to the terms set forth more fully below in the Unauthorized Payments section of these Terms. User ID shall always be customer’s e-mail address.
(e) SECURITY. COMPANY is committed to protecting the security and confidentiality of information about you and your Account and User Account. COMPANY uses, and may in the future use, several different security methods to protect your Account and User Account information, including:
- You can only access the Online Service with certain browsers that have high security standards.
- The Online Service will automatically log off if prolonged periods of inactivity occur.
- Your session will terminate if you navigate away from the Online Service to another website.
(f) ELECTRONIC COMMUNICATION.
- Email and Online Message Center. When you enroll in the Online Service, you must designate a primary email address that will be used for receiving electronic communication. To the extent that COMPANY maintains an online message center now or in the future, such exchange of communications shall be considered an electronic communication and may be utilized by COMPANY for providing you notices pursuant to these Terms, as required by Applicable Law (as permitted) or generally regarding your Account(s) with COMPANY. COMPANY will NEVER send you email requesting confidential information such as Account numbers, usernames, or passwords and you should NEVER respond to any email requesting such information. If you receive such an email purportedly from COMPANY, do not respond to the email and notify COMPANY by forwarding the email to support@thezorakproject.org.
- Usage of Electronic Communication. By your enrollment in the Online Service, you agree to receive these Terms and any disclosures or notices required by Applicable Law and all other communications electronically to the email address you designate in your account profile. You also agree that COMPANY may respond to any communication you send to COMPANY with an electronic communication, regardless of whether your original communication with COMPANY was an electronic communication. Any electronic communication COMPANY sends to you will be considered received within FIVE (5) calendar days of the date such communication is sent by computer servers utilized by COMPANY to the email address you designate in your account profile or posted to COMPANY's online message center (if applicable). To the extent permissible under Applicable Law, any electronic communication you send to COMPANY will not be effective until COMPANY has had a reasonable opportunity to act on the electronic communication. You should not rely on electronic communication if you need to communicate with COMPANY immediately and, in no event, should your sole method of communication with COMPANY regarding any emergency be by electronic communication. COMPANY strongly suggests that you report all matters requiring immediate attention to COMPANY by email: support@thezorakproject.org
(g) PERMISSIBLE ACTIVITIES. You may perform the following activities with the Online Service:
- Account Inquiry. You may retrieve Account information (such as a balance due).
- You may set alert messages for certain circumstances, such as when a new statement is available for viewing or when a pending payment has posted to your Account.
- Review Statements. You may view electronic version of up to 12 months of Account statements. Online statements should not be substituted for, nor represented as, your official statement.
- You may make payments to your Account from your Payment Account. Bill Payments may only be made from debit or credit cards and must be made in accordance with the terms of these Terms and any other applicable account agreements.
(h) PAYMENTS. You authorize COMPANY to debit your Payment Account and remit funds on your behalf to the Payee. When COMPANY receives a Payment Instruction, you have authorized COMPANY to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Payment Due Date as designated by you. You also authorize COMPANY to credit your Payment Account for payments returned to you COMPANY
(i) CANCELLING/MODIFYING PENDING BILL PAYMENTS. The delete/edit function applies to payments initiated through the Online Service that are pending. There is no charge for cancelling or modifying a Pending Bill Payment. In most circumstances, you may stop a Pending Bill Payment 1 business day before the Payment Due Date. Other than as described above, you may not stop or edit a bill payment.
(j) DISCLOSURE OF ACCOUNT INFORMATION. COMPANY will not disclose any information to third parties about you, including email addresses, or your Account, except in the situations described below or as otherwise set forth in COMPANY's Privacy Policy located at www.thezorakproject.org/donate/zorak-privacy-notice/. We will disclose such information:
- where disclosure is necessary for completing payments, or to resolve a problem related to a payment;
- to verify the condition and existence of your Account for a third party, such as a credit bureau or merchant;
- to persons authorized by law in the course of their official duties;
- to a consumer reporting agency as defined by Applicable Law;
- to comply with a government agency or court order, such as a lawful subpoena;
- to COMPANY employees, auditors, service providers, attorneys or collection agents in the course of their duties; or
- if you give COMPANY written permission (including by email).
(k) COMPANY'S LIABILITY FOR FAILURE TO COMPLETE BILL PAYMENTS. If COMPANY debits your Payment Account incorrectly, COMPANY will be responsible for returning the improperly debited funds to your Payment Account. If COMPANY does not complete a Bill Payment from your Payment Account on time or in the correct amount in accordance with your Payment Instructions, COMPANY will be liable for the actual charges incurred by you, to the extent required by Applicable Law and in any event subject to paragraph 5 herein. However, COMPANY will not be liable in the following situations:
- You did not properly follow the provisions of these Terms, the online instructions for the Online Service, or other instructions for making a payment;
- Through no fault of COMPANY's, you have insufficient funds in your Payment Account to make a payment;
- Your computer, the software, phone lines, COMPANY's computer system or the Online Service were not working properly or were temporarily unavailable, and this problem was or reasonably should have been apparent to you when you attempted the payment or you were advised by the Online Service of the malfunction before you executed the payment;
- Circumstances beyond our control prevented the payment, despite reasonable precautions that we have taken, including telecommunications outages, fires, floods, or other natural disasters;
- COMPANY has reasonable basis to believe that unauthorized use of your User ID, Password, or User Account or Account has occurred or may be occurring;
- COMPANY or you has terminated your Online Service or closed your Account to which the User ID was linked;
- You have supplied your login information to another party; or
For any other reason specified in these Terms or any other agreement COMPANY has with you.
(l) ACCURATE INFORMATION. In creating and using your User Account on the Website, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required on the Website (such information being the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or COMPANY has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, COMPANY has the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
(m) TERMINATION OF ACCOUNT. COMPANY reserves the right to terminate your use of the Online Service for any reason including inactivity and at any time without notice to you. You have the right to terminate your use of the Online Service by logging into your online account and clicking CANCEL on the MEMBERSHIP page of your account. Any termination of your use of the Online Service, whether initiated by you or by COMPANY, will not affect any of your or COMPANY's rights and obligations under these Terms that have arisen before the effective date of such termination.
(n) RELATED AGREEMENTS. Your Account linked to the Online Service will also be governed by the agreements, disclosures, COMPANY's service tariff in your area, and other documents provided to you in connection with the opening of your Account, as they may be amended periodically. If any inconsistency exists between such other documentation and these Terms, then these Terms shall control to the extent of inconsistency.
(o) ERRORS OR QUESTIONS ABOUT BILL PAYMENTS. In case of errors or questions about Bill Payments, you should notify COMPANY at once at by email at support@thezorakproject.org.
DISCLAIMERS
(a) NO WARRANTIES; INDEMNIFICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE, THE ONLINE SERVICE AND THE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. COMPANY PROVIDES THE WEB SITE AND THE ONLINE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEB SITE, THE ONLINE SERVICE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEB SITE, THE ONLINE SERVICE, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE WEB SITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. COMPANY DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB SITE AND/OR THE ONLINE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT COMPANY SHALL HAVE ADEQUATE CAPACITY FOR THE WEB SITE AND/OR THE ONLINE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. THE COMPANY DOES NOT GUARANTEE THAT A USER WILL SUCCESSFULLY SECURE A SERVICE PROVIDER THROUGH THE WEBSITE. PAYMENT(S) BY USER IS FOR THE OPPORTUNITY TO SEARCH FOR A SERVICE PROVIDER, BUT NOT AS A GUARANTEE THAT A USER WILL SECURE SUCH PROVIDER.
(b) INDEMNIFICATION. You agree to defend, indemnify and hold COMPANY and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys' fees) assessed or incurred by COMPANY, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right.
LIMITATION OF LIABILITY. COMPANY'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE SHALL BE THE CANCELLATION OF YOUR USER ACCOUNT WITH COMPANY. EXCEPT FOR THE ACTUAL CHARGES DESCRIBED IN THESE TERMS AND CONDITIONS, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEB SITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, AND/OR (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS COMPANY'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
PRIVACY. Personal data that you provide regarding yourself will be handled in accordance with COMPANY's Privacy Policy located at www.thezorakproject.org/donate/zorak-privacy-notice/.
THIRD PARTY CONTENT.
(a) COMPANY may provide hyperlinks to other websites maintained by third parties, or COMPANY may provide third party content on the Website by framing or other methods. THE LINKS TO THIRD PARTY WEB SITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEB SITE IS NOT UNDER COMPANY'S CONTROL AND COMPANY IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEB SITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD-PARTY WEB SITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD-PARTY WEB SITES LINKED TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
(b) If a third-party links to the Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with COMPANY. In most cases, COMPANY is not aware that a third party has linked to the Website. A website that links to the Website: (i) may link to, but not replicate, COMPANY's Content; (ii) may not create a browser, border environment or frame COMPANY's Content;
(iii) may not imply that COMPANY is endorsing it or its products; (iv) may not misrepresent its relationship with COMPANY; (v) may not present false or misleading information about COMPANY's products or services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only Content that is appropriate for all age groups.
COPYRIGHT AND TRADEMARKS. The trademarks, service marks and logos used and displayed on the Website are COMPANY's, or its subsidiaries' or affiliates', registered and unregistered trademarks. COMPANY is the copyright owner or authorized licensee of all text and all graphics contained on the Website. All trademarks and service marks of COMPANY that may be referred to on the Website are the property of COMPANY. Other parties' trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of COMPANY's trademarks or service marks without COMPANY's prior written permission. COMPANY aggressively enforces its intellectual property rights. Neither the name of COMPANY nor any of COMPANY other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website or otherwise, without COMPANY's prior written permission, except that a third party website that desires to link to the Website and that complies with the requirements of Paragraph 7(b) above may use the name "COMPANY" in or as part of that URL link. If you believe that any Content on the Website violates any intellectual property right of yours, please contact COMPANY at the address, email address or telephone number set forth at the bottom of these Terms.
LOCAL LAWS. COMPANY makes no representation that content or materials in the Website are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. COMPANY is not responsible for any violation of law. You may not use or export the Content or materials in the Website in violation of U.S. export laws and regulations. You agree that the Website, these Terms and the Online Service shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the laws of the state where COMPANY maintains your Account, or, if COMPANY transfers your Account to another location, where COMPANY currently maintains your Account. The Website and the Online Service shall be deemed a passive website and service that does not give rise to personal jurisdiction over COMPANY, either specific or general, in jurisdictions other than the states covered by the preceding sentence. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located where COMPANY maintains your Account, or, if COMPANY transfers your Account to another location, where COMPANY currently maintains your Account. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
AVAILABILITY. Information that COMPANY publishes in the Website may contain references or cross-references to products, programs or services of COMPANY that are not necessarily announced or available in your area. Such references do not mean that COMPANY will announce any of those products, programs or services in your area at any time in the future. You should contact COMPANY for information regarding the products, programs and services that may be available to you, if any.
NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and User IDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Website with his or her User ID and password. You may not assign these Terms, in whole or in part, or delegate any of your responsibilities hereunder to any third party. Any such attempted assignment or delegation will not be recognized by COMPANY unless acknowledge by COMPANY in writing. COMPANY has no obligation to provide you with written acknowledgment. COMPANY may, at any time and in its sole discretion, assign these Terms, in whole or in part, or delegate any of our rights and responsibilities under these Terms to any third party or entity.
CUSTOMER COMMENTS. We welcome the submission of comments, information or feedback through the Website. By submitting information through the Website, you agree that the information submitted shall be subject to the COMPANY Website Privacy Policy located at www.thezorakproject.org/donate/zorak-privacy-notice/.
MISCELLANEOUS.
(a) If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and COMPANY's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms and the COMPANY Website Privacy Policy located at www.thezorakproject.org/donate/zorak-privacy-notice/ are the entire agreement between you and COMPANY with respect to your use of the Website and the Online Service, and supersede any and all prior communications and prior agreements, whether written or oral, between you and COMPANY regarding the Website and the Online Service.
(b) By signing this Agreement, parties hereby consent and agree to submit any legal disputes to binding arbitration. The cost shall be shared equally by the parties.
Your Consent To This Agreement
By accessing and using the Website, you consent to and agree to be bound by the terms of the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on the web page so that you will always be able to understand the terms and conditions that apply to your use of the Website and/or the Online Service. Your use of the Website and/or the Online Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms.
If you have additional questions or comments of any kind, or if you see anything on the Website that you think is inappropriate, please let us know by email: support@thezorakproject.org.