Indemnification of claims. Any copy of information on the Site or our Applications that you use for any authorized purpose must include all copyright and other proprietary notices contained in the Materials. You may also link to the content of our website or applications, provided that you do so in a fair and lawful manner, correctly identify the source of the content, do not damage our reputation, and do not give the impression of any form of affiliation, approval or approval on our part. Otherwise, any other reproduction, republication, reproduction or publication of graphics, texts or other contents of the website without our prior written permission is expressly prohibited. You can request permission from email@example.com. Section 6. Assignment; binding effect; Benefits. This Agreement is not assignable without the written consent of each of the other parties. Subject to the foregoing, the provisions of this Agreement are binding upon and benefit the parties and their respective heirs, legal representatives, assigns and permitted assigns. Nothing in this Agreement, express or implied, is intended or construed to confer any legal or equitable right, remedy or claim arising out of or related to any agreement or provision contained herein on any person other than the parties to this Agreement or their respective successors or assigns (other than those released pursuant to Section 2 of this Agreement).
THEREFORE, IN ORDER TO IMPLEMENT THE FOREGOING AND TAKING INTO ACCOUNT THE MUTUAL AGREEMENTS CONTAINED HEREIN AND FOR OTHER VALID AND VALID CONSIDERATIONS, THE PRESERVATION AND RELEVANCE OF WHICH ARE HEREBY ACKNOWLEDGED, THE COMPANY AND THE SHAREHOLDERS AGREE TO THE FOLLOWING: 9. SYSTEM DATA. Notwithstanding anything to the contrary herein or any other agreement between the parties, Zeta may also use anonymized data and analytics derived from the use of the Services (“System Data”), including, but not limited to, Internet Communication Protocol and deliverability data, click-through rates, open rates, and decline rates, for the purpose of supporting, developing and performing the Services for Customer or other Zeta Customers; provided that Zeta uses system data only in a way that excludes customer data. (vi) All Class A Restricted Common Shares exchanged for Class B Common Shares under this Agreement will be subject to the terms of any applicable unrestricted share agreement under the Exchange. No class actions. You may resolve disputes with Zeta only on an individual basis and may not assert a claim as a plaintiff or a class action in a class, consolidated, or representative action. Class arbitration, class actions, private actions of the Attorney General and merger with other arbitrations are not permitted under our agreement. (i) Jurisdiction over disputes. Except as otherwise provided by applicable law, in the event that the arbitration agreement does not apply to you or your claim, you and Zeta agree that all legal proceedings (other than small claims) will be brought in the federal or state courts of San Francisco County, California.
The failure of either party to this Agreement to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party`s right to enforce and subsequently enforce strict compliance with any provision of the Agreement. Neither party shall be deemed to be in default with this Agreement to the extent that the performance of its obligations (other than the Customer`s payment obligations) or attempts to remedy a breach are delayed or prevented due to force majeure, fire, natural disaster, accident, riots, acts of government, acts of war or terrorism, lack of equipment or supplies. Denial of boarding or communication or by suppliers of goods or services or other causes beyond the reasonable control of that party. Zeta endeavors to protect itself against losses suffered by Customer as a result of the inability of the media or other providers to properly perform their obligations, but Zeta is not responsible for such failure. In the event that any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect for any reason, the remaining provisions shall remain in full force and effect. Zeta`s relationship with Customer is that of an independent contractor, and this Agreement does not create a franchise, joint venture, partnership or similar relationship. Except as expressly provided in this Agreement, neither party may impersonate any agent or employee of the other party. Zeta Surgical is a digital surgery company focused on improving the accuracy, safety and accessibility of image-guided procedures. Its Zeta navigation and robotics platform uses computer vision and cutting-edge artificial intelligence to enable image guidance directly to the point of care, creating new opportunities in areas such as emergency care and interventional medicine. .