TERMS OF USE

The use of the KZVoice, LLC (“KZV,” “we,” “us” or “our”) web site with a home page at www.thekathrynzoxshow.com (the "Website") and related services (collectively with the Website, the “Services”) is subject to the terms and conditions stated herein (“Terms of Use”). By your use of the Services you agree to the Terms of Use. Your breach of these Terms of Use may jeopardize your continued use of the Services.

YOUR PRIVACY

To understand how we collect, use and safeguard the information you may provide to us via the Services, including personal information, please review KZV’s Website Privacy Notice. 

LICENSE AND RESTRICTIONS

You are hereby granted a personal, non-exclusive, revocable, non-transferrable license to use the Services and view the content, information, data, products, and materials contained, described, referenced, or available on the Services (collectively, “Materials”)for your personal and non-commercial purposes. In connection with this license, you may download Materials, provided that you do not modify or alter the Materials in any way, nor delete, obscure, or change any copyright, trademark, or other intellectual property notice therein. Neither title nor intellectual property rights are transferred to you, but remain with KZV, who, along with its licensors, is the exclusive owner of all rights, title and interest therein. Except as otherwise expressly provided, all rights are reserved to KZV.

You will notcopy, reproduce, modify, use, republish, upload, post, transmit, sell, resell, license, otherwise distribute or commercially exploit in any way,decompile, reverse engineer, disassemble, otherwise attempt to derive source code from, or modify or create derivative works based on, the Services or any software or Materials obtained from or through the Services. You may not rent, lease, lend, redistribute, sublicense or transfer the Services. You acknowledge and agree that the terms contained in this Terms of Use are reasonable and necessary, and that your actual or threatened breach of this Terms of Use would give rise to irreparable harm to KZV for which monetary damages would not constitute an adequate remedy and, in addition to any and all other rights that may be available in respect of such breach or threatened breach, will entitle KZV to immediate injunctive and other equitable relief without any requirement to post bond. 

You will not use the Services for any unlawful or abusive purposes, including but not limited to the violation of any KZV or third-party intellectual property rights and the posting or distribution of any “harmful” or “malicious” code or programming devices (e.g., viruses, corrupted files, key locks, back doors, trap doors, timers or other disabling devices) or any other similar software or programs that may adversely affect the operation of the Services or any other software or hardware.

You may include a link to the Website on one or more other websites operated by you; provided such websites link to the home page (www.thekathrynzoxshow.com) only. Linking to other content or pages within the Services is prohibited without KZV's prior express written consent. This limited license expressly prohibits the framing of KZV content in any way or any other activity that may confuse, misdirect, or misrepresent users with respect to sponsorship or affiliation.

You certify that you are 18 years old or older and are able and competent to give KZV rights as detailed in these Terms of Use, and to comply with these Terms of Use. The Services are not intended for individuals under the age of 18, and individuals under the age of 18 are not permitted to use the Services. KZV expressly reserves the right to monitor any and all use of the Services.

KZV reserves the right to refuse service and/or prohibit or terminate access to the Services, in whole or in part, for any or no reason, at any time in its sole discretion, with or without notice to you.

PROPRIETARY MATERIALS

The Materials have been compiled by KZV from internal and external sources for the purpose of providing information about KZV, its partners, and its and their products and services to customers and other permitted users. KZV reserves the right to make changes to the information, data, and Materials provided on the Servicesat any time without notice.

KZV, the KZV logo, the Your Social Worker with a Microphone™ mark, and other trademarks, service marks, trade names, logos, and other identifiers used in or in connection with the Services are the proprietary service marks or trademarks of KZV, its partners, or third parties, and are protected in the United States and internationally. No use of any of these marks or identifiers may be made without the prior, written authorization of KZV. All other trademarks and service marks not owned by KZV that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by KZV.

All Materials, including but not limited to all works of authorship, design, text, images and data compilations; any improvements or modifications to such Materials; any derivative works based thereon; and the collection, arrangement and assembly of all such Materials, are owned, except as otherwise expressly stated herein, by KZV or its licensors. The entire contents of the Services are protected by United States and worldwide copyright and intellectual property laws and treaty provisions. 

Nothing in these Terms of Use shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret or other proprietary right of KZV, its partners, or any other person. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Services in any way without the prior express written permission of KZV or the respective owner thereof.

DISCLAIMERS

THE SERVICES, THE SOFTWARE CONTAINED THEREIN, AND ALL MATERIALS ARE PROVIDED TO YOU ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION (1) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR TITLE; (2) ANY WARRANTY REGARDING THE AVAILABILITY, ACCURACY, RELIABILITY, OPERATION, USE, OR PERFORMANCE OF THE SERVICES; (3) ANY WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES OR THE SERVER(S) AND CONNECTIONS THAT MAKE THEM AVAILABLE WILL BE UNINTERUPTED, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. 

THE MATERIALS, STATEMENTS, OPINIONS, AND VIEWS OF GUESTS, ADVERTISERS, SPONSORS, BROADCASTERS, PUBLISHERS, AND OTHERS, INCLUDING WITHOUT LIMITATION VOICEAMERICA, DO NOT NECESSARILY REFLECT THOSE OF KZV OR ANY OTHER INDIVIDUAL OR ENTITY, AND KZV HAS NO RESPONSIBILITY OR LIABLITY WITH RESPECT THERETO. IN ADDITION, KZV CANNOT AND DOES NOT REPRESENT, GUARANTEE OR WARRANT IN ANY WAY THAT ANY PRODUCTS OR MATERIALS DISCUSSED, PRESENTED, OR ACCESSIBLE ON OR VIA THE SERVICES ARE RELIABLE, LEGAL, OF ANY PARTICULAR QUALITY OR NATURE, ACCURATE, CORRECT, COMPLETE, RELIABLE, OR CURRENT, AND KZV IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN, OR ANY CONSEQUENCES RESULTING FROM YOUR USE OF, OR RELIANCE ON, ANY SUCH PRODUCTS OR MATERIALS.

KZV WILL USE REASONABLE COMMERCIAL EFFORTS TO KEEP THE SERVICES AVAILABLE FOR ACCESS, SUBJECT TO SCHEDULED DOWNTIME FOR MAINTENANCE PURPOSES, UNSCHEDULED MAINTENANCE AND SYSTEMS OUTAGES. THERE ARE NO ASSURANCES THAT THE SERVICES WILL BE ACCESSIBLE OR AVAILABLE AT ALL TIMES OR AT ANY PARTICULAR TIME, OR THAT ACCESS WILL BE UNINTERRUPTED. 

LIMITATIONS OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER KZV, ITS PARTNERS, NOR ANY OF ITS OR THEIR THIRD PARTY PROVIDERS OR LICENSORS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF KZV HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SERVICES, OR ANY MATERIALS, PAGES, OR CONTENT ACCESSIBLE VIA THE SERVICES, NOR WILL KZV, ITS PARTNERS, OR ANY OF ITS OR THEIR THIRD PARTY PROVIDERS OR LICENSORS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND THEIR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES.

INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold KZV, its partners, and its and their affiliates, members, officers, directors, managers, partners, employees, consultants, temporary resources, agents, suppliers, providers, contractors, subcontractors, successors, transferees, and assigneesharmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees, disbursements and court costs, including any incurred in enforcement of this indemnification provision) arising from or in connection with (i) your use of the Services, or any Materials, content, information, or services contained, displayed, available or accessible on or from the Services; (ii) your violation of these Terms of Use; (iii) any Submission (as defined below) provided by you to KZV; or (iv) your violation of any rights of any third party.

THIRD PARTY LINKS 

The Services may, as a convenience, reference or provide links to third-party websites and services, including those of unaffiliated third parties, service providers, and third parties with which we do business. When you access these third-party services, you leave the Services, and we are not responsible for, and do not control, the content, security, or privacy practices employed by any third-party websites and services. You access these third-party services at your own risk. Please refer to the privacy notices or policies for such third-party services for information about how they collect, use, and process personal data.

The display of any link shall not and does not constitute or imply endorsement by KZV or its partners of the linked website or any content therein. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any website to which the Services may link, including information on such other website regarding KZV or its partners. 

SUBMISSIONS

While KZV appreciates your comments and is happy to answer your questions about our services and our company, we generally do not accept ideas, know-how, inventions or suggestions for products and services (“Submissions”). This is for your protection and for ours, and to avoid misunderstanding about the origin of Submissions between you and KZV. 

Please note that any Submissions, remarks, graphics, or other information provided by you by any means, including through the Services, email, a “Contact Us” form, or otherwise, is and will be non-confidential and non-proprietary, except to the extent that such contains or constitutes personal information, which is subject to the guidelines established in our Website Privacy Notice. 

ENFORCEMENT OF TERMS OF USE

These Terms of Use are governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law. KZV makes no representation that Materials provided through the Services are applicable or appropriate for use in all locations. If you use the Services from other locations you are responsible for compliance with applicable local laws. 

If you take legal action relating to these Terms of Use or your interactions with or relationship to KZV, you agree to file such action only in the state and federal courts located in Albany County, New York. If any part of these Terms of Use is found to be unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions. 

You may not assign or otherwise transfer these Terms of Use or any rights or obligations hereunder, in whole or in part, and any such assignment in violation of this Agreement shall be null and void. The failure of KZV to exercise or enforce any right or provision set forth herein shall not constitute a waiver of such right or provision. These Terms of Use set forth the entire understanding between you and KZV with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and KZV with respect to such subject matter.

AMENDMENTS AND MODIFICATIONS

KZV reserves the right to modify or discontinue the some or all of the Services, or any Materials contained or accessible thereon, at any time without prior notice. KZV shall in no way be held liable for any consequence that results from KZV’s decision to modify or discontinue providing the Services or any content or functionality thereof. 

In addition, KZV reserves the right, at any time and without notice, to add to, change, update, or modify these Terms of Use simply by posting such addition, change, update, or modification on the Services. Any such change, update, or modification will be effective immediately upon posting on the Services. We suggest that you check these Terms of Use periodically for changes. 

MISCELLANEOUS

You guarantee that (i) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. 

CONTACT INFORMATION

Questions regarding this Terms of Use should be directed to: 

KZVoice, LLC
81 Thorndale Road
Slingerlands, NY 12159
info@thekathrynzoxshow.com