Terms of Use

Terms of Use

This Website is operated by ZS Associates whose contact details are on the Website.

ZS Associates provides its content on this Website subject to the following terms and conditions of use (the "Terms of Use") and by using this Website or downloading materials from this Website, you agree to be bound by these Terms of Use. If you do not agree to abide by these Terms of Use set forth in this notice, then do not use this Website or download materials from this Website. Please read the Terms of Use below as well as any supplemental information listed to the right for additional details about particular ZS Associates’ sites or services that you may use. Please see the ZS Associates Online Privacy Statement regarding collection and use of your personal information or data.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS.

Copyrights and Trademarks

The Website and its contents and any downloads from this Website, including text, graphics, logos, icons, and images and the selection and arrangement thereof, are owned by ZS Associates, unless otherwise stated. If you make use of this Website, except as otherwise provided in these Terms of Use, you may violate copyright and other laws of the United States or other countries, as well as applicable state or jurisdictional laws, and may be subject to penalties.

All trademarks on the Website are either the property of ZS Associates or their licensors.  All custom graphics, button icons, and logos are the trademarks, service marks, or trade dress of ZS Associates.  The marks ZS®, ZS Associates®, 致盛™, Javelin™, SFE Navigator™, ZS SFE Navigator™, SFE Nav-Lite™, MAPS®, MapPix®, PhysPulse® , Archer™, ARTiS™, Jawlensky™ , Matterhorn™, NetPorpoise™, Porpoise™, Prism™, Pinnacle™, SalesAdvance™, SmartAlign™, SmartSize™, Vista™, ZS Strategy Suite™, AccessMonitor™, Analytic Sandbox™, APO™, APO Analytics Process Outsourcing™, Analytics Process Outsourcing™, ATP™ (Accelerating Territory Performance), Synchronized Selling™, VoiceMonitor™ are trademarks of ZS Associates, Inc and such additional trademarks that ZS Associates, Inc. may establish from time to time.  Other logos, trademarks and registered trademarks or product names displayed on the Website are the property of their respective owners.

ZS Associates reserves the right to change any information on this Website, including but not limited to revising and/or deleting features or other information without prior notice. Clicking on certain links within this Website might take you to other websites for which ZS Associates assumes no responsibility of any kind for the content, availability or otherwise. The content presented at this Website may vary depending upon your browser limitations. All rights not expressly granted are reserved.

Use of Website

As ZS Associates owns the content of this Website, you may not copy, download, reproduce, display, post, or sell by any means in whole or in part, any of the content without ZS Associates’ prior written consent, except that ZS Associates consents to downloading or printing the content, in whole or in part, for uses that are not competitive with or derogatory to ZS Associates, provided that (i) you do not modify the content in any way, and (ii) you keep the copyright notice intact and displayed on the copy. In consideration of this, users agree that copies of the information will retain all copyright and other proprietary notices and such copyright is owned by ZS Associates. Please note that this limited consent may be revoked at any time for any reason and does not include the right to republish this content. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose the content of the Website without ZS Associates' prior written consent. ZS may block your access to the Website without notice if we become aware of any breach by you of these Terms of Use, including any unauthorized use of your User ID or Password (if applicable).

While using the Website, you may not:

  • knowingly or intentionally restrict or inhibit any other user from using and enjoying the Website; or 

  • knowingly or intentionally post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability; or 

  • knowingly or intentionally post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by ZS Associates) or engage in spamming or flooding; or 

  • knowingly or intentionally post or transmit any information or software that contains a virus, trojan horse, worm or other harmful component (a "Harmful Component") (notwithstanding the foregoing, you agree to continuously use up-to-date, industry standard virus detection devices to ensure that you do not transmit any Harmful Component to the Website); or 

  • upload, post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Website for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or 

  • upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Website which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightsholder; or 

  • upload, post, publish, reproduce, transmit or distribute in any way any component of the Website itself or derivative works with respect thereto, as the Website is copyrighted as a collective work under U.S. copyright laws; or 

  • make the Website or your User ID or Password (if applicable) available to any other person; or 

  • decompile, reverse engineer, disassemble, rent, lease, loan, sublicense and create derivative works from the Website; or 

  • copy, modify, reproduce, republish, distribute, transmit or use for commercial or public purposes the Website (except to the extent otherwise provided in these Terms of Use); or 

  • download or save a copy of any of the screens appearing on the Website for any purpose (except to the extent otherwise provided in these Terms of Use); or 

  • use or otherwise export or re-export the Website in violation of the export control laws and regulations of the United States of America; or 

  • use or attribute any information to ZS Associates in any public medium (e.g., press releases, Websites) for advertising or promotion purposes, or for informing or influencing a third party, or for the purpose of implying any endorsement or relationship with ZS Associates; or 

  • use or otherwise access the Website in violation of any federal, state, local and international laws, ordinances, rules, and regulations that apply to your use of and activities on this Website.

User Content Posted on the Website

This Website may contain areas where you may post or share comments with other visitors to the Website on different topics. You are solely responsible for the photos, profiles, messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Website, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Website that you did not write, create or that you do not have permission to post. ZS Associates does not and cannot review all User Content and is not responsible for such information. However, ZS Associates reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or provide to ZS Associates.

When you post User Content to the Website, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Website. By posting User Content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to ZS Associates an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Website at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that ZS Associates may retain archived copies of your User Content.

ZS Benchmarking Reports

ZS Associates will use your responses from the Sales Effectiveness Tool, in an aggregated, de-identified manner, to develop a summary report highlighting sales force effectiveness trends in the industry, but only as long as the minimum of five (5) companies with equivalent sales force structures participate (to allow for sufficient aggregation). All of your individual responses will be kept confidential. Such report may be distributed to the other participants, as well as other third parties at ZS Associates’ discretion.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website ("Submissions"), provided by you to ZS Associates are non-confidential and shall become the sole property of ZS Associates. ZS Associates shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

User Postings

You acknowledge and agree that ZS shall own and have the unrestricted right to use and publish any and all information that you post or otherwise publish on the ZS website and hereby waive any claims against ZS for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with ZS's use of such submissions. You covenant that you will not post or otherwise publish on this website any materials that: (a) are threatening, libelous, defamatory, or obscene; (b) violate the law; (c) infringe on the intellectual property, privacy, or other rights of a third party; (d) contain a computer virus or other destructive element; (e) contain advertising; and/or (f) are plagiarized . ZS reserves the right to choose which postings to publish on the website and to delete postings for any reason.

Failure to Comply with Terms and Conditions and Termination

You acknowledge and agree that ZS Associates may in its sole discretion deny you access to the Website. Upon termination of your access to the Website, you must immediately cease all access to and use of the Website through any means. Upon your cessation of use of this Website, for whatever reason, you agree to promptly destroy all items pertaining to the Website, including without limitation, all copies of screens, on-line help information, documentation relating to the Website and your User ID and Password (if applicable). You agree to defend, indemnify and hold ZS Associates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorney's fees, arising from any violation of these Terms of Use by you or users of your account.

Links from and to this Website

You acknowledge and agree that ZS Associates has no responsibility for the accuracy or availability of information provided by linked sites. Links to external websites do not constitute an endorsement by ZS Associates of the sponsors of such sites or the content, products, advertising or other materials presented on such sites.
Information in the many web pages that are linked to the Website comes from a variety of sources. Some of this information comes from official ZS licensees, but much of it comes from unofficial or unaffiliated organizations and individuals, both internal and external to ZS. ZS does not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that ZS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.
All links to this Website must be approved in writing by ZS Associates, except that ZS Associates agrees that links to its home page (provided that they are text only containing only the title of the home page of this Website) and not to any deeper or other page which when clicked on displays the entire Website home page (such that it does not appear within a frame of the linked website). Such consent is not given if the link would create the false appearance that ZS Associates is endorsing or sponsoring products, activities or services or dilute the goodwill associated with the name and trademarks of ZS Associates. In any event, the user acknowledges that ZS Associates may withdraw the consent to the link at any time for any reason.

Privacy

ZS Associates is committed to the privacy of its Website visitors, users. Click here to view the ZS Associates Online Privacy Statement. By using this Website, you are consenting to have your Personal Data transferred to and processed in the United States and other countries.

Other Information

ZS Associates is taking reasonable and appropriate measures to ensure that the content provided on the Website and your personal information is used as described in the Online Privacy Statement. However, the Internet is an open system and we cannot and do not guarantee that the Website will not be misused or personal information you have entered will not be intercepted by others and decrypted.

Limitation of Liability and Disclaimers

By using this Website, including any applets, software, and content contained therein, you agree that use of the Website is entirely at your own risk. THE WEBSITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SPECIFICALLY, ZS ASSOCIATES DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE UNINTERRUPTED USE, AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, SOFTWARE, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT IN THE CASE OF DEATH OR PERSONAL INJURY ARISING FROM NEGLIGENCE, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

NEITHER ZS ASSOCIATES NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE WEBSITE, INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE, OR ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, THE RESPECTIVE LIABILITY OF ZS ASSOCIATES, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, DIRECT OR INDIRECT AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE OR JURISDICTIONAL LAW.

Miscellaneous

The Terms of Use and the relationship between you and ZS Associates shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and ZS Associates agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Illinois.
The failure of ZS Associates to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms of Use, and any applicable supplement, represent the entire agreement between ZS Associates and you regarding the use of the Website.

For definitions of capitalized terms not defined in these Terms of Use, please see the Online Privacy Statement.

Last Updated: September 20, 2012           © 1998 - 2012 ZS Associates, Inc.