Customer shall not use the Service, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement. Customer agrees that Customer will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other Web site or product, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Service other than for use as contemplated in any Service.
The Service is offered to Customer conditioned upon Customers acceptance without modification of this Agreement. Customer acknowledges that, from time to time, it may be necessary for Znumerique to update or revise certain provisions of the Agreement. By signing up for any Znumerique Service and accepting this Agreement, Customer agrees that Znumerique may change the terms of the Agreement in its sole discretion without specific notice to Customer. If Customer does not agree to the changes proposed by Znumerique, or to any terms in this Agreement, Customer's sole and exclusive remedy is to cancel Customer's Znumerique Service ("Customer's Account"). Notwithstanding the foregoing, Znumerique reserves the right to cancel, suspend or refuse access to the Service to anyone in its sole discretion. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Service shall be subject to this Agreement.
Although Znumerique firmly believes in the value of free and open dissemination and exchanges; however, it is under no obligation, but does reserve the right, to monitor, pre-screen, or otherwise remove any content stored in its servers if the content is against the public policy as the law of the land (India). Therefore, Znumerique cannot be responsible for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such thoughts and opinions. Customer acknowledges that Customer should always use caution when posting any personally identifying information about Customer or Customers employees on the Service, the Customer Site, or any other user sites.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR OTHERWISE, IN NO EVENT SHALL ZNUMERIQUE Technologies AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF ZNUMERIQUE Technologies OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO CUSTOMER. IN NO EVENT SHALL ZNUMERIQUE'S AGGREGATE LIABILITY TO CUSTOMER AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT CUSTOMER ACTUALLY PAYS TO ZNUMERIQUE Technologies UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE