Effective as of July 23, 2007.

Thank you for visiting the Zewy World Wide Web site (the "Site"). Access to this Site, the home page of which (the "Home Page") is located at http://www.zewy.com, is offered to you, the individual user, by Zewy, LLC ("Zewy"). These Terms and Conditions of Use ("Terms of Use") govern your use of the Site.

This page contains Zewy's full User Agreement. You may wish to print this page for reference.

Limited use of the Site is offered to you by Zewy subject to, and conditioned upon your acceptance of, these Terms of Use. Your use of the Site constitutes your legally binding acceptance of and agreement to these Terms of Use. ONLY INDIVIDUALS WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW CAN USE THE SITE.  Under these Terms of Use only, Zewy grants you a license to view and use the interactive features of this Site. If you do not agree to these Terms of Use, or if you are not an individual who can form a legally binding contract on behalf of yourself or the entity you represent, you are not an authorized user and should discontinue any use of the Site.

Zewy reserves the right to change or modify these Terms of Use at any time without notice to you. Please read these Terms of Use carefully, as you are bound to comply with the provisions herein.  BY CONTINUING TO USE THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS OF THIS USE AGREEMENT AND ALL REVISIONS THEREOF.

1.  Who Can Use This Site

Our services are available only to individuals who can form legally binding contracts under applicable law.  You may use this site and the services available here during the time You are a registered user.

2.  The Role of Zewy

Zewy acts as a venue to connect those wishing to receive beta site invites with those who wish to send them.  As a neutral facilitator, Zewy is not directly involved in the actual transactions between users of the Site.  You acknowledge that such transactions are purely between you and the relevant user. As a result, Zewy has no control over the truth, accuracy, quality, legality, or safety of postings made by users.  Because verifying the identity of a user on the Internet is difficult, Zewy cannot and does not confirm the identity of users.  Therefore, We recommend that You be careful and exercise common sense and good judgment when dealing with any User on the Site.  Zewy specifically disclaims, and you hereby release Zewy from, any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

3.  Posting Information on the Site

You agree to provide true, accurate and complete information as prompted by the registration form, and maintain and update such information to maintain its truth, accuracy and completeness. Whenever You post any information on or to the Site, You agree to provide true, accurate and complete information.   Zewy reserves the right to terminate Your account upon the discovery that the information You provided or posted is not complete or accurate.  

4.  Privacy Policy

We do not sell or rent your personal information to third parties for marketing purposes without your consent and we only use your information as described in the Privacy Policy.  Our current privacy policy can be found here: http://www.zewy.com/privacy.php

5.  User ID and Password

You must safeguard the User ID and password You use to access this Site.  You authorize us to assume that any person using the Site with Your User ID and password either is You or is authorized to act for You.

6.  Member Conduct

You agree NOT to do any of the following while using the Site:

ú         Intentionally or unintentionally violate any applicable local, state, national or international law;

ú         Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

ú         Impersonate any person or entity, including, but not limited to, a Zewy official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

ú         Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

ú         Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

ú         Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

ú         Solicit or gather any user's information available from the Site, such as other users' names and email addresses, for any commercial or business purposes or to transmit any unsolicited advertising, "junk mail", "spam" or "chain letters;

ú         Access, tamper with or use non-public or non-authorized areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;

ú         Tamper with postings of other users;

ú         Post logos, seals or slogans from third parties on any part of the Site unless they are provided by Zewy or a Zewy partner;

ú         Do anything which would create or impose an unreasonable or disproportionately large burden or load on the Site;

ú         Post false or misleading information about a product, service or service request;

You acknowledge that Zewy does not pre-screen Content, but that Zewy shall have the right (but not the obligation) to remove any Content that violates the User Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Zewy or submitted to Zewy.

You acknowledge and agree that Zewy may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the User Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Zewy, its users and the public.

7.  Use of Site Content

The Site contains trademarks and other material furnished by Zewy, its licensors, and other users. You should assume that everything You see or read in publicly viewable areas of the Site that was not furnished or received by You (such as images, photographs, illustrations, text and other materials) ("Site Content") is copyrighted unless otherwise noted. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of Zewy or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose except your own personal viewing. In order to protect Zewy and its Licensor's trade secrets, You agree that You will not 'reverse engineer' any Site Content consisting of downloadable software, unless specifically authorized by the trade secret owner or otherwise permitted by law. If You violate any of these terms, Your permission to use the Site Content will automatically terminate; You must immediately destroy any copies You have made of the Site Content; and We may revoke Your authorization to use the Site.

8.  Links to Other Sites

Zewy.com may contain links to other websites.  Zewy is NOT responsible or liable for the content or accuracy of the linked sites. 

9.  Limitation of Liability

NEITHER ZEWY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND SITE CONTENT) SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE AND THE SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE. 

Zewy is not responsible for any liability related to the completion, timeliness, adequacy, and/or payment for services listed on our Site. Any questions, complaints or claims related to the completion, timeliness, adequacy, and/or payment for services should be directed to the appropriate service provider.

If Your use of the Site results in the need for servicing or replacing property, material, equipment or data, We are not responsible for those costs.

10.  Indemnity

You agree to defend, indemnify, and hold harmless Zewy, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the site or your breach of this User Agreement. Zewy shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably assist you, at your expense, in defending any such claim, suit or proceeding.

11.  No Warranties

YOU USE THE SITE AT YOUR RISK. We endeavor to provide a convenient and functional Site, but We do not guarantee that it will be error free or that the Site or the server that operates it are free of viruses or other harmful components. We urge You to keep backup copies of material You maintain on or use with the Site.

As mentioned above, We remind You to be careful in Your dealings with other users. Without limiting the foregoing, EVERYTHING ON THE SITE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND SITE CONTENT) IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You.

ZEWY MAKES NO WARRANTY THAT THE SITE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND SITE CONTENT) WILL MEET USER'S REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ZEWY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE. ZEWY MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM ZEWY OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

12.  General Terms

This agreement is governed by the laws of the State of New Jersey. You hereby consent to the exclusive jurisdiction and venue of courts in Camden County, New Jersey, in all disputes arising out of or relating to the use of this site. Use of this site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Zewy as a result of this agreement or use of this Web site.

Zewy's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Zewy's right to comply with law enforcement requests or requirements relating to your use of this site or information provided to or gathered by Zewy with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

This agreement constitutes the entire agreement between you and Zewy with respect to this site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Zewy with respect to this site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.