Zonability.com

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Terms of Service

The services that Beyond Value, Inc. provides to you on the Zonability website or its affiliated websites ("Services") are subject to the following terms of use ("Terms of Use"). The use of the word “user” and “you” are one in the same and refer to persons interacting with the software or viewing a report or portion of the site. The site being the web application as accessed from the zonability.com URL or from an affiliated site. 

1. Restrictions

Our affiliates who license our software have agreed to provide access for personal use, not re-sale. Users agree not to otherwise reproduce, modify, distribute, decompile, disassemble or reverse-engineer any portion of the Services. The reports (a) view (b) print and/or (c) email are an exception. Users agree not to use the Services in any way that is unlawful, or harms, its service providers, suppliers or any other user. These Terms of Use do not provide a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Website without written approval. Users agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. Users will not use the Services for resale, service bureau, time-sharing or other similar purposes. Beyond Value, Inc. reserves the right to restrict automated queries. Data mining is forbidden. 

2. Acceptable Use

You agree not to use the Services in any way that is unlawful, or harms Beyond Value, Inc. its service providers, suppliers or any other user. 

3. Automated Queries

These Terms of Use do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites without written agreement. Nonetheless, publicly available search engines and similar Internet navigation tools ("Search Engines") may query the Services and provide an index with links to the Services' Web pages, only to the extent such unlicensed "fair use" is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system ("captcha") which limits access to human users. Beyond Value, Inc. reserves the right to restrict automated queries further, for example, by correspondence to parties making queries or by use of robots.txt. 

4. Changes to the Agreement or the Services

You agree and understand that these Terms of Service and the Services may be modified at any time without prior notice. You agree to review the Terms of Use periodically so that you are aware of any modifications. Your continued use of the Services after any modifications indicates your acceptance of the modified Terms of Use. Unless expressly stated otherwise by Beyond Value, Inc. any new features, new services, enhancements or modifications to the Services implemented after your initial access to the Services shall be subject to these Terms of Use. Data and estimates for a specific address may change at any time due to changes, additions, deletions, or corrections to the data sources we use, changes or improvements to our logic, or other reasons. 

5. Linked Materials

The Services include links to third-party products, services and Websites. Beyond Value, Inc. does not endorse, and takes no responsibility for such products, services, and websites. 

6. Claims of Copyright Infringement

Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Beyond Value, Inc. in writing. Our address is: at 1704 East 5th Street, Suite 105, Austin, TX 78702. 

7. Intellectual Property

The Services are the property of Beyond Value, Inc. and subject to the intellectual property rights of Beyond Value, Inc and its licensors. Beyond Value, Inc. has licensed patent for determining property potential on a per parcel basis. Zonability is a trademarked name and is the property of Beyond Value Inc.  © 2016 Beyond Value, Inc. All rights reserved. All rights reserved. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. 

8. NO WARRANTY

BEYOND VALUE PROVIDES THE SITE AND SITE MATERIALS “AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BEYOND VALUE MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. BEYOND VALUE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. 

THE CUSTOMER ASSUMES ALL RISK AND LIABILITY REGARDING THE RESULTS OF ANY DATA PROVIDED AND IS ASSUMED TO UNDERSTAND ZONING AND LAND DEVELOPMENT RULES CAN CHANGE AND/OR BE INTERPRETTED IN A VARIETY OF WAYS UNKNOWABLE TO THE COMPANY. 

9. LIABILITY LIMITATION; EXCLUSIVE REMEDY

IN NO EVENT WILL BEYOND VALUE OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST BEYOND VALUE OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. 

10. IDEMNIFICATION  

TO THE EXTENT PERMITTED BY LAW THROUGH THIS LICENSE, YOU, THE LICENSEE, AGREE TO INDEMNIFY AND HOLD HARMLESS BEYOND VALUE, INC., ITS OFFICERS AND EMPLOYEES, AND ANY PERSON FROM AND AGAINST ALL CLAIMS, LIABILITIES, LOSSES, CAUSES OF ACTION, DAMAGES, JUDGMENTS, AND EXPENSES, INCLUDING THE REASONABLE COST OF ATTORNEYS’ FEES AND COURT COSTS, FOR INJURIES OR DAMAGES TO THE PERSON OR PROPERTY OF THIRD PARTIES, INCLUDING, WITHOUT LIMITATIONS, CONSEQUENTIAL DAMAGES AND ECONOMIC LOSSES, THAT ARISE OUT OF OR IN CONNECTION WITH YOUR USE, MODIFICATION, OR DISTRIBUTION OF THIS SOFTWARE OR PROGRAM, ITS OUTPUT, OR ANY ACCOMPANYING DOCUMENTATION. 

 

11. FORCE MAJEURE 

A PARTY SHALL NOT BE DEEMED IN DEFAULT OF THIS AGREEMENT, NOR SHALL IT HOLD THE OTHER PARTY RESPONSIBLE FOR, ANY CESSATION, INTERRUPTION OR DELAY IN THE PERFORMANCE OF ITS OBLIGATIONS (EXCLUDING PAYMENT OBLIGATIONS) DUE TO EARTHQUAKE, FLOOD, FIRE, STORM, NATURAL DISASTER, ACT OF GOD, WAR, TERRORISM, ARMED CONFLICT, LABOR STRIKE, LOCKOUT, BOYCOTT OR OTHER SIMILAR EVENTS BEYOND THE REASONABLE CONTROL OF THE PARTY, PROVIDED THAT THE PARTY RELYING UPON THIS PROVISION:

  • GIVES PROMPT WRITTEN NOTICE THEREOF, AND
  • TAKES ALL STEPS REASONABLY NECESSARY TO MITIGATE THE EFFECTS OF THE FORCE MAJEURE EVENT.
  • IF A FORCE MAJEURE EVENT EXTENDS FOR A PERIOD IN EXCESS OF 30 DAYS IN THE AGGREGATE, EITHER PARTY MAY IMMEDIATELY TERMINATE THIS AGREEMENT UPON WRITTEN NOTICE.

 

12. General

You agree not to export from anywhere any part of the Services provided to you or any direct product thereof except in compliance with and with all licenses and approvals required under, applicable export laws, rules and regulations. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. Beyond Value may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Service. Beyond Value's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between you and Beyond Value with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and Beyond Value with respect to the Services. 

 

13. System Maintenance 

There will be needs for system maintenance which will cause the Service to be unavailable at times. We make no guarantees about Service uptime. 

 

14.  Individual Subscribers

If You are a registered Individual Subscribers, You have a monthly committment and can contact us to end your Services with a 30-day written notice. Alternatively, Services can be expanded. Please send inquiries to info@zonability.com. 

As a condition to using certain aspects of the Service, you will be required to register and select a password and user name (“User ID”). You shall provide Beyond Value, Inc. with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You shall not (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID a name that is otherwise offensive, vulgar or obscene. Beyond Value, Inc. reserves the right to refuse registration of, or cancel a User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. You shall never use another user’s account without such other user’s express permission. You will immediately notify us in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Company reserves the right to require payment of fees for certain features of the Service. Should you elect to subscribe to such features, you shall pay all applicable fees. Company reserves the right to change its pricing and to institute new charges applicable to new subscribers. Existing subscribers' pricing will remain unchanged unless Company institutes new pricing for all subscirbers which would go into effect upon thirty (30) days prior notice to you. Notice may be sent by email or posted on the Sites. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges.

 

15.  Communication

Electronic messages will be sent to the email address you have provided as your primary email address. You are responsible for informing us of changes to your e-mail address. Because these are not encrypted, we will never include your password. However, User ID and/or information about your accounts may be included. 



Last modified April 8, 2016