This Agreement (the "User Agreement") states the terms and conditions under which you may use portions of this web site along
with our Adaptive Learning-based services, which together with our web site we call the "ALP." We also use the term "Zunopy
Service" to refer to the ALP. We refer to a user of our ALP as an "ALP User." Any use by you of the Zunopy Service constitutes
your acceptance of all such terms and conditions, including any terms and conditions incorporated herein. By using the zunopy
service, you agree to the terms and conditions of this user agreement and create a binding contract between you and zunopy.
If you do not accept the terms and conditions contained in this User Agreement, do not use the Zunopy Service. Zunopy reserves
the right to update the terms, conditions and notices of this agreement without notice to you. It is your responsibility to
periodically review the most current version of this Agreement.By accessing or using the Sites, Content, or Services, you agree
to be bound by these Terms of Service.
Use Of The Zunopy Service
Zunopy grants you a terminable, non-exclusive, non-transferable license to use the Zunopy Service solely for your personal,
noncommercial, noncompetitive use in accordance with the following terms and conditions. Any such terms and conditions included
in this site or the Zunopy Service shall be deemed to be a part of this User Agreement and are hereby incorporated into this
User Agreement by reference.
The computer software, artwork and other components included in the Zunopy Service are the copyrighted property of Zunopy and
its licensors. The Zunopy Service is licensed (not sold) to you, and Zunopy owns all copyright, trade secret, patent and other
proprietary rights in the Zunopy Service. You may not:
- copy, distribute, rent, loan, lease or sublicense all or any portion
of the Zunopy Service;
- modify, translate, distribute or prepare derivative works of the Zunopy Service or the accompanying
- reverse engineer, decompile or disassemble the Zunopy Service or the accompanying documentation; or
- remove any proprietary notices, labels, or marks on the Zunopy Service and accompanying documentation.
You may not transfer the Zunopy Service. Your license is automatically terminated if you transfer the Zunopy Service.
THIS LICENSE IS NOT A SALE. TITLE AND COPYRIGHTS TO THE Zunopy Service AND ANY ACCOMPANYING DOCUMENTATION REMAIN WITH Zunopy
OR ITS LICENSORS, AS THE CASE MAY BE.
You further acknowledge and agree that Zunopy has no obligation to preview, screen or monitor any Content that may be added
Zunopy Service by other users, whether publicly posted or privately transmitted through the Zunopy Service. Zunopy does not guarantee
the accuracy, integrity, quality or appropriateness of any such user posted Content. Under no circumstances will Zunopy be liable
in any way for any user posted Content, including, but not limited to, for any errors or omissions in any user posted Content, or
for any loss or damage of any kind incurred as a result of the use of any user posted Content accessed, posted or otherwise transmitted
via the Zunopy Service. By using the Zunopy Service, you agree that it is solely your responsibility to evaluate the accuracy,
completeness, usefulness or appropriateness of any user posted Content that you access, post, or otherwise transmit through the
Zunopy Service, including user posted Content that may be offensive, indecent or objectionable. Zunopy has the right to suspend,
restrict or terminate your use of the Zunopy Service and to refuse any future use of the Zunopy Service (or any portion of the
Zunopy Service) if Zunopy has reason to believe that you are responsible for user posted Content that Zunopy deems inappropriate.
You agree, as a condition of your use of the Zunopy Service, you may be asked to provide Zunopy with accurate and complete information
when registering for the Zunopy Service. Zunopy has the right to suspend, restrict or terminate your use of the Zunopy Service and to
refuse any future use of the Zunopy Service (or any portion of the Zunopy Service) if Zunopy has reason to believe that you have failed
to comply with these requirements.
As a condition of your use of the Zunopy Service, you warrant to Zunopy that you will not use the Zunopy Service for any purpose
that is unlawful or prohibited by this User Agreement. You may not use the Zunopy Service in any manner that could damage, impair,
disable or overburden the Zunopy Service or in any way interfere with Zunopy's rights or any other user's use and enjoyment of the
Zunopy Service, or otherwise infringe on any person's rights. You agree to comply with the terms and conditions applicable to any
services, products, advertisements or Content accessed by you through the Zunopy Service. The Zunopy SERVICE contains confidential
trade secret information belonging to Zunopy, and you may use the Zunopy SERVICE only pursuant to the license set forth herein. In
addition, you may not disclose the Zunopy SERVICE to any third party.
by accepting the terms of this user agreement, you hereby agree
that you are using the zunopy service solely for your individual purposes and hereby state that you are not currently employed by or
otherwise have any relationship with any entity that may be competitive to zunopy or is otherwise engaged in the business of providing
test preparation services. in the event that your conduct breaches the provisions of this user agreement, you hereby acknowledge and
agree that zunopy shall seek both civil and criminal penalties against you in your individual capacity. willful infringement of
copyrighted works may result in imprisonment of up to five years and fines.
Depending on the Zunopy Service you are accessing, you may have registered and received an account identifier and a password, you
may have been given an account identifier and a password by your institution, or you may be automatically logged in to the Zunopy
service via your credentials provided to you by your institution. In the case where you have received a Zunopy assigned account
identifier and password, you are responsible for protecting the confidentiality of your password and account identifier, and are fully
responsible for all activities that occur under your password or account identifier.
You agree :
- to immediately notify Zunopy of any loss, compromise or unauthorized use of your password or account identifier or any other breach
of security, and
- to exit from your account when you conclude each session. You may notify Zunopy by sending an email to info@Zunopy.com.
Restriction and Modification Of Service
You agree that Zunopy may limit your use of the Zunopy Service, including without limitation the frequency and duration for which
you may access the Zunopy Service. In addition, Zunopy reserves the right at any time to modify, limit access to or change the
characteristics of the Zunopy Service (or any part thereof) with or without notice. You agree that Zunopy shall not be liable to you
for any modification, suspension or discontinuance of the Zunopy Service.
The term of this Agreement begins on the date you first use the Zunopy Service. If you are an ALP User, this Agreement shall
continue for the duration that the ALP is being provided to you, as agreed to by Zunopy and your institution in a separate agreement.
You acknowledge and agree that the Zunopy Service and any necessary software used in connection with the Zunopy Service contain
proprietary and confidential information that are protected by applicable intellectual property and other laws. You further acknowledge
and agree that Content contained in sponsor advertisements or information presented to you through the Zunopy Service or advertisers is
protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Warranty Disclaimer: YOU AGREE THAT
- if you use the zunopy service, you do so at your own and sole risk. the zunopy service is provided on an "as is" and
"as available" basis. zunopy expressly disclaims all warranties of any kind, whether express or implied, including, but not
limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- zunopy does not warrant that (i) the zunopy service will meet your requirements, (ii) the zunopy service will be
uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the zunopy service will
be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by
you through the zunopy service will meet your expectations, or (v) any errors in any data or software will be corrected.
- if you access or transmit any content through the use of the zunopy service, you do so at your own discretion and your sole
risk. you are solely responsible for any loss or damage to you in connection with such actions.
- no data, information or advice obtained by you in oral or written form from zunopy or through or from the zunopy service
shall create any warranty not expressly stated herein.
Limitation of Liability
you expressly agree that zunopy shall not be liable for any indirect, incidental, special, consequential or exemplary damages
(even if zunopy has been advised of the possibility of such damages), arising from or related to this agreement. in no event
will zunopy's liability to you arising from or relating to this agreement exceed the greater of the amounts you have paid to
us or thirty dollars ($30).
You agree to indemnify, defend and hold harmless Zunopy, its officers, directors, employees, agents, other service providers,
vendors or customers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees resulting
from any violation of the User Agreement by you or any harm you may cause to anyone in connection with your use of the Zunopy
Service, including, for the avoidance of doubt, your use, or the use by any of your affiliates, of the Zunopy Service for
You agree that Zunopy may communicate any notices to you, including notices of changes to the User Agreement, through e-mail,
regular mail or by posting of those notices on the Zunopy web site or through the Zunopy Service.
ZunopyTM, the Zunopy logo and other Zunopy logos, product and service names may be trademarks, service marks or other intellectual
property of Zunopy, Inc. (the "Zunopy Marks"). You agree not to display or use the Zunopy Marks in any manner without the prior
permission of Zunopy.
The terms of this Section "Indemnification" are only applicable to you if you are a ALP User participating in live online classes
provided through the Zunopy Service. You hereby acknowledge that by using the Zunopy Service and participating in online classes
provided through the Zunopy Service, Zunopy may disseminate your name, likeness and/or voice through its web site or another medium.
In agreeing to use the Zunopy Service, you hereby irrevocably consent to Zunopy's use of your name, likeness and/or voice without
compensation in the Zunopy Service.
Restrictions On Use
The terms of this Section "Notice" are only applicable to you if you are an ALP User who is an instructor or employee of an
institution, academic or otherwise, who is accessing the ALP in connection with the ALP being offered to student ALP Users
at your institution. You hereby acknowledge that you will have access to additional content and portions of our website not
otherwise accessible to student ALP Users, which may include information about individual student ALP Users. You agree that
you will access and use such information and the ALP solely to the extent necessary for you to perform your services as an
instructor and/or employee at your institution and will not disclose such information except as permitted herein, or as permitted
in a separate agreement between Zunopy and your institution.
The User Agreement governs your use of the Zunopy Service and constitutes the entire agreement between you and Zunopy. It
supersedes any prior agreements between you and Zunopy. Additional terms and conditions may apply when you use the services of
service providers and others. These additional terms will not reduce, diminish, or eliminate any rights Zunopy possesses with
respect to this User Agreement.
Governing Law and Venue
The User Agreement and the relationship between you and Zunopy shall be governed by the laws of the State of India without
regard to its conflicts of law provisions. You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or relating to use of the Zunopy Service or the User Agreement must be filed within one (1)
year after such claim or cause of action arose or be forever barred. You further consent and agree that the courts of the
State of India are the exclusive forum for litigation of any claim or cause of action arising out of or relating to use of
the Zunopy Service or the User Agreement.
Any failure by Zunopy to exercise any rights or enforce any of the terms of this User Agreement shall not constitute a waiver
of such rights or terms. If any provision of this User Agreement or its application in a particular circumstance is held to be
invalid or unenforceable to any extent, the remainder of this User Agreement, or the application of such provision in other
circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted