Zyorca is an experienced digital agency delivering customized marketing solutions that enable businesses to grow and reach a more profitable tomorrow.

Terms of Use

Terms of Use

Please read the following Terms of Use (“Terms”) carefully. These Terms govern your use of all websites, products, software and services (collectively, the “Services”) provided by Zyorca, LLC (the “Company,” “we,” “our,” or “us”). These Terms apply to your use of the Services, regardless of whether accessed via computer, mobile device or otherwise. If you are using the Services on behalf of a business, you represent that you have the right and authority to accept these Terms on behalf of that business.

BY USING THE SERVICES, YOU SIGNIFY YOUR UNCONDITIONAL AGREEMENT TO BE BOUND BY THESE TERMS. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES. WE RESERVE THE RIGHT TO MODIFY OR REVISE THESE TERMS AT ANY TIME, AND YOU AGREE TO BE BOUND BY SUCH MODIFICATIONS OR REVISIONS. WE RECOMMEND THAT YOU REVIEW THESE TERMS ON A REGULAR BASIS.

1. ELIGIBILITY

To use the Services, you must be eighteen (18) years of age or older. You represent and warrant that you are at least 18 years of age and have the authority to enter into these Terms. Use of the Services is void where prohibited.

2. USE OF THE SERVICES

We hereby grant you a non-transferable, non-exclusive, revocable, limited license to access and use the Services strictly in accordance with these Terms. As a condition of your use of the Services, you represent and warrant that you will not use the Services, or any of the content obtained from the Services, for any purpose that is unlawful or prohibited by these Terms and you may not: (a) modify or copy the materials; (b) use the materials for any commercial purpose, or for any public display (commercial or non-commercial); (c) decompile, reverse engineer, disassemble or otherwise attempt to derive the source code from any of the Services; (d) remove any copyright or other proprietary notations from the materials; or (e) transfer the materials to another person or “mirror” the materials on any other server.

All aspects of the Services are subject to change or elimination at our sole discretion and without notice. If you violate any of these Terms, your permission to use the Services shall automatically terminate.

3. PRIVACY

The information we obtain through your use of the Services is subject to our Privacy Policy which is incorporated by reference into these Terms. By using the Services, you consent to have your personal data transferred to and processed in the United States.

4. CONTENT SUBMITTED

The Services may allow users to post, upload, or otherwise submit content, including without limitation, recommendations, feedback, comments, photos, links, and other materials (collectively “Submissions”). You are solely responsible for all Submissions that you post, upload, or otherwise submit to or through the Services. In exchange for your use of the Services, you hereby grant to us (and those we work with) an unlimited, irrevocable, non-exclusive, royalty-free, sublicensable, transferable, perpetual, worldwide license to use, reproduce, modify, create derivative works, publish, edit, translate, publicly perform, publicly display, and distribute such Submissions, including without limitation, your name and likeness and/or the names and likenesses of any persons or locations depicted therein, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services.

5. FEES AND PAYMENTS

You agree to pay all fees relating to the Services you select in accordance with the applicable pricing and payment terms. All fees are in United States dollars. You authorize us (and our designated payment service providers) to automatically debit from the bank account or other electronic payment method specified on an ongoing basis in advance of providing the Services or as needed for any other charges you may incur in connection with the Services. All fees are subject to change at any time in our sole discretion without notice. All fees payable by you are exclusive of applicable taxes and duties, and you are responsible for payment of all such taxes.

ALL FEES ARE NON-REFUNDABLE. YOU MAY CANCEL YOUR ACCOUNT AT ANY TIME BUT THERE WILL BE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.

If your payment is invalid for any reason, we may suspend or terminate your account and all information contained therein may be deleted permanently. We accept no liability for such deleted information due to an invalid payment method.

6. INTELLECTUAL PROPERTY

All content included as part of the Services, including without limitation, text, graphics, trademarks, service marks, logos, images, sounds, digital downloads, data compilations, and software are the property of the Company, its affiliates or licensors and are protected by United States and international intellectual property laws. No content or technology from the Services may be copied, reproduced, republished, distributed, transmitted, or otherwise exploited in any way, in whole or in part, without prior written permission of the Company. Any unauthorized use of the Services or the content is prohibited. We reserve all rights not expressly granted.

7. THIRD PARTY WEBSITES AND SERVICES

The Services may contain links to other websites, services or resources that are controlled by third parties. We do not endorse or assume any responsibility for any such third-party websites, services or resources. Access to and use of any third party website, service or resource is solely at your own risk. We are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites, services or resources.

8. DISCLAIMERS

YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND THAT THE INFORMATION, CONTENT (INCLUDING THIRD PARTY CONTENT), MATERIALS, FUNCTIONS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT OR THE THIRD PARTY CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.

9. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, PARTNERS, ADVISORS, LICENSORS, LICENSEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS OR ASSIGNS (COLLECTIVELY, THE “RELATED PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, REGARDLESS OF LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. IN ANY EVENT, OUR TOTAL LIABILITY OR OUR RELATED PARTIES’ TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES WILL NOT EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00).

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless us and our affiliates, partners, advisors, licensors, licensees, officers, directors, members, managers, employees, shareholders, agents, successors or assigns, from and against any and all claims, damages, losses, liabilities, costs, and expenses (including without limitation, reasonable attorneys’ fees) arising out of or in any way connected with (a) your use of the Services, including any data or content transmitted or received by you; (b) any violation of these Terms by you or through your account; or (c) your violation of any law or the rights of any third party.

You will cooperate as fully as reasonably required in the defense of any claim and, in any event, you agree not to settle any such matter without the prior written consent of the Company. These defense and indemnification obligations will survive these Terms and your use of the Services.

11. ARBITRATION

You agree that any dispute of any sort that might arise between you and us (whether or not such dispute involves a third party) with regard to your relationship with us, including without limitation, disputes arising out of or in any way connected with (a) these Terms; (b) your use of the Services; or (c) any rights of privacy and/or publicity, will be resolved exclusively by individual confidential binding arbitration. You and we agree to waive our rights to litigate (or participate in class actions or other representative proceedings) disputes in court before a judge or jury. Any arbitration will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. Each party agrees to pay its own attorneys’ fees and will share equally in the costs of the arbitration. Unless otherwise agreed, the venue for any arbitration will take place in Denver, Colorado. The arbitrator’s award will be final and binding on all parties subject to these Terms and may be confirmed and enforced in any court of competent jurisdiction. This arbitration agreement will survive the termination of your relationship with us.

11.1 Class Action Waiver. Any proceedings to resolve any dispute will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action, representative proceeding, or private attorney general action.

11.2 Time Limitation on Claims. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or in any way connected with your relationship with us must be filed within one (1) year after such claim or cause of action arose or be forever barred. Notwithstanding the foregoing, we will be entitled at any time to seek injunctive relief, security, or other equitable remedies from federal and state courts located in the State of Colorado or any other court of competent jurisdiction.

12. GENERAL

12.1 Entire Agreement. These Terms (including the Privacy Policy and any additional terms incorporated by reference) constitute the entire agreement between you and us and supersedes any other written or oral agreements between the parties. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms or portion thereof, to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to effect the intent thereof, and the remainder of these Terms will continue in full force and effect.