These terms govern your use of our website and services. Please read them carefully as they contain important information about your rights and obligations.
Last Updated: July 25, 2022
These Terms of Use ("Terms") apply to your access and use of the website and services provided by Zinnia Corporate Holdings, LLC ("Zinnia," "we," "us," or "our"). By accessing or using our website and services, you agree to be bound by these Terms.
If you do not agree with these Terms, you may not access or use our website or services.
Age Requirement: You must be at least 18 years old to access and use our website and services.
Access Rights: We reserve the right to modify, suspend, or withdraw access to our website and services at any time, with or without notice, for any reason including but not limited to maintenance, security concerns, or violation of these Terms.
You are responsible for maintaining the confidentiality of any login credentials and for all activities that occur under your account.
Zinnia may terminate or suspend your access to our website and services immediately, without prior notice or liability, for any reason, including if you breach these Terms.
Upon termination, your right to use our website and services will cease immediately. However, the provisions of these Terms that by their nature should survive termination will remain in effect, including but not limited to ownership provisions, warranty disclaimers, and limitations of liability.
No Warranty on Downloads: We do not guarantee that files available for download from our website are free from viruses, worms, Trojan horses, or other harmful components.
User Responsibility: You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output.
Limitation of Liability: We will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer equipment, programs, data, or other proprietary material due to your use of our website.
Ownership: All content on this website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software, is the exclusive property of Zinnia and is protected by United States and international intellectual property laws.
Limited License: Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or proprietary information without our express written permission.
Restrictions: You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website without our prior written consent.
Permitted Use: You may access and use our website for personal, non-commercial purposes in accordance with these Terms.
Prohibited Actions: You may not:
Use at Your Own Risk: Your use of our website and services is at your sole risk. Our website and services are provided on an "AS IS" and "AS AVAILABLE" basis without any warranties of any kind.
No Warranties: We disclaim all warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability: In no event shall Zinnia, its officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of our website or services.
Information Accuracy: While we strive to provide accurate and up-to-date information, we make no representations or warranties about the completeness, accuracy, reliability, suitability, or availability of the information contained on our website.
You agree to defend, indemnify, and hold harmless Zinnia and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to its conflict of law provisions.
Jurisdiction: You agree that any legal action or proceeding between Zinnia and you for any purpose concerning these Terms or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Kansas.
Arbitration: At Zinnia's discretion, we may require that any disputes be resolved by binding arbitration, rather than in court, except that we may seek injunctive or other relief in court to protect our intellectual property rights.
We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect.
Your continued use of our website and services after any such changes constitutes your acceptance of the new Terms.
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our service and supersede and replace any prior agreements we might have between us regarding the service.
If you have any questions about these Terms of Use, please contact us:
Email: info@zinnia.com
Mailing Address:
Zinnia Corporate Holdings, LLC
5801 S.W. 6th Avenue
Topeka, Kansas 66636