Terms of Use

Last Updated: July 25th 2022

Please read the following terms of use (collectively, these “Terms of Use”) carefully before you start to use our website (the “Site”). By using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://zinnia.com/privacy-policy, incorporated herein by reference. When we refer to “Zinnia”, “we,” “us,” or “our” in this policy, we are referring to Zinnia Corporate Holdings, LLC, c/o, 5801 S.W. 6th Avenue, Topeka, Kansas 68606.

Zinnia provides the information on this Site to you, the user, conditioned on your acceptance without modification of these Terms of Use. Your use of the Site constitutes your agreement to the Terms of Use and any additional disclaimers and caveats that may appear throughout the Site. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Site. Services described on this Site are available only in the United States.

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Terms of Use

Access and Security. You must be at least 18 years old (or, if greater, the age of majority) to use this Site. We reserve the right to withdraw or amend this Site, and any service or content we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users.

Termination. We may terminate your right to use this Site immediately and without notice to you if, in our sole discretion, you fail to comply with these Terms of Use. If we do terminate your right to use this Site, then you are no longer authorized to access or use any of the benefits of this Site. In addition, the restrictions we have imposed on you concerning copying or downloading information and the disclaimers and limitations of liabilities that we have stated in these Terms of Use will survive.

Use of Site Materials. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site, if any, will be free of viruses or other harmful code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Intellectual Property. The Site and its entire contents, features, and functionality (including but not limited to all logos, trademarks, service marks, trade names, product and service names, designs, slogans, software, text, displays, images, “look and feel” attributes, video, and audio, and the design, selection, and arrangement thereof) are the exclusive property of Zinnia, its affiliates or its licensors, or other providers of such content and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Nothing contained on this Site should be construed as granting any license or right to use any intellectual property displayed on this Site to you. Zinnia will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Permissible Uses. These Terms of Use permit you to use the Site for your personal and non-commercial use, and only for lawful purposes.

You may not:
  • Use, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the content on our Site, for any other purpose.
  • Modify copies of any content from this Site.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of content from this Site.

Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate, among other things, copyright, trademark, and other laws.

In addition, you agree not to use the Site:
  • Use, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the content on our Site, for any other purpose.
  • Modify copies of any content from this Site.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of content from this Site.

Liability. Your use of this Site is at your own risk. Neither Zinnia nor any of its affiliates, or its or their officers or directors, nor any of its or their agents or any other party involved in creating, producing, or delivering the Site shall be liable for any direct, indirect, punitive, special, incidental or consequential or other damages arising out of or in any way connected to the use of this Site or of the information contained herein or on any hyperlinked website, whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.

Revisions to Terms of Use. Zinnia may periodically revise the Terms of Use and reserves the right to make such changes without any obligation to notify past, current or prospective visitors. Zinnia may make improvements and/or changes to the service(s) described on this Site at any time. By continuing to use the Site following the posting of any revisions to these Terms of Use, you accept and agree to the changes.

WARRANTIES. INFORMATION ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Indemnity. You agree to defend, indemnify, and hold harmless Zinnia, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

Linked Websites. From time to time Zinnia may provide hyperlinks to the websites of other organizations. These hyperlinks are provided for your convenience only. Zinnia makes no representations whatsoever about any other website which you may access through this Site. When you access a non- Zinnia website, please understand that it is independent from Zinnia, and that Zinnia has no control over the content on that website. In addition, a hyperlink to a non- Zinnia website does not mean that Zinnia endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

You may only provide a hyperlink to this Site on another website with the express written consent of Zinnia.

Law and Jurisdiction. The validity, interpretation, and performance of these Terms of Use shall be governed by the laws of the State of Kansas, without regard to Kansas’ conflicts or choice of laws principles. Any action or proceeding seeking to enforce any provision of, or based on any right arising out of these Terms of Use may be brought against any of the parties only in the courts of the State of Kansas, County of Shawnee, or, if it has or can acquire jurisdiction, in the United States District Court for the District of Kansas, and each of the parties consents to the exclusive jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to venue laid therein. Process in any action or proceeding referred to in the preceding sentence may be served on any party anywhere in the world.

Arbitration. At Zinnia’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Kansas law.

Entire Agreement. These Terms of Use and any additional disclaimers and caveats that may appear throughout the Site constitute the entire agreement between us relating to each of the subject matter discussed herein.

How to Contact Us. If you have any questions or want to request information related to these Terms of Use, please contact us by e-mail at info@zinnia.com or write to us at: Zinnia Corporate Holdings, LLC, c/o, 5801 S.W. 6th Avenue, Topeka, Kansas 68606, Attention: Legal Department.

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