Terms & Conditions

Welcome to zydaptive.com. The website (the “Site”) is comprised of various web pages operated by Zygo Labs Inc. D.B.A Zydaptive (“Zydaptive”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).

Your use of zydaptive.com constitutes your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for your reference.

Your use of zydaptive.com is subject to Zydaptive’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Visiting zydaptive.com or sending emails to Zydaptive constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Zydaptive does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use zydaptive.com only with permission of a parent or guardian.

zydaptive.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Zydaptive and Zydaptive is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.

Certain services made available via zydaptive.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the zydaptive.com domain, you hereby acknowledge and consent that Zydaptive may share such information and data with any third party with whom Zydaptive has a contractual relationship to provide the requested product, service or functionality.

You are granted a non-exclusive, non-transferable, revocable license to access and use zydaptive.com strictly in accordance with these Terms of use. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.

All content included as part of the Service (text, graphics, logos, images, compilation, and software) is the property of Zydaptive or its suppliers and protected by copyright and other laws.

The Service is controlled, operated and administered by Zydaptive from offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws.

You agree to indemnify, defend and hold harmless Zydaptive, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of these Terms, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.

If the parties are not able to resolve any dispute arising out of or concerning these Terms and Conditions, such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association (or a similar arbitration service selected by the parties), in a location mutually agreed upon by the parties.

The arbitrator’s award shall be final, judgment may be entered upon it in any court having jurisdiction, and the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees.

Any arbitration will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted.

The parties agree that claims may be brought only in each party’s individual capacity, and not as a plaintiff or class member in any putative class, collective and/or representative proceeding.

If you are dissatisfied with any portion of the Site, or with any of these Terms of use, your sole and exclusive remedy is to discontinue using the Site.

Zydaptive reserves the right, in its sole discretion, to terminate your access to the Site and related services or any portion thereof at any time, without notice.

To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Massachusetts and you consent to the exclusive jurisdiction and venue of courts in Massachusetts in all disputes arising out of or relating to the use of the Site.

If any part of this agreement is determined to be invalid or unenforceable, the remainder shall continue in effect.

Zydaptive reserves the right, in its sole discretion, to change the Terms under which zydaptive.com is offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of updates.