We value your privacy, and we want to help make your experience with A. Zahner Company (“Zahner”) as satisfying and safe
who visit www.azahner.com, website, send us e-mails, or participate in features
and services offered online, through subscription or otherwise, (collectively, the “Site”), and how Zahner uses and
discloses that Personal Information.
“Personal Information,” as used herein, is information that allows a person to directly identify an individual, such as
Zahner enables users to access information on the site, including information regarding design, products, and
services, and to utilize other services and features of the site.
In its operation of the Site, and its provision of its services and features to users, Zahner may collect, use,
and retain information, including Personal Information and other data that you disclose when you use register to
use certain features of the site, as well as other data that may be collected after your registration, such as
through utilizing services and features of the Site.
COLLECTION OF PERSONAL INFORMATION
If you register to access certain features of the Site, you may be required to provide certain Personal
Information, including your name, email address, date of birth, and other information.
You also may have other opportunities to voluntarily provide Personal Information if you contact us to provide
feedback or request support we collect your email address and other Personal Information that you provide.
PASSIVE DATA COLLECTION
Zahner, like other website operators, automatically collects and stores information on our server logs from your
browser when you use the Site. Zahner may use a variety of methods to collect this information. The information
that Zahner collects with these automated methods may include, for example, your IP address, cookie information,
a unique device or user ID, browser type, system type, the content and pages that you access on the Site, and
the “referring URL” (i.e., the page from which you navigated to the Site).
references to your user ID and other login information and session validators on your hard drive.
We may use passively-collected information to administer, operate, and improve the Site and our other services
and systems, and to provide services and content that are tailored to you. If we directly combine any
information gathered through passive means with Personal Information, we treat the combined information as
aggregated or other non-personally identifiable forms.
Websites visited before visiting the Site might place Personal Information within the URL of your browser during
a visit to that previous website. Zahner may unintentionally collect that information as part of referring URL
information that it collects.
USE OF PERSONAL INFORMATION
We may use Personal Information to operate, provide, improve, and maintain the Site; to develop new products and
services; to prevent abusive and fraudulent use of the Site; to send you administrative messages, content, and
other services and features in which we believe you may be interested; and for other administrative and internal
DISCLOSURE OF PERSONAL INFORMATION
Zahner is not in the business of renting or selling email addresses and other information, and does not share
Zahner may provide Personal Information to third parties for their use in performing internal business functions
(e.g., payment processing, maintenance, security, data analysis, or data hosting) on our behalf.
Zahner may disclose Personal Information if, in good faith, it is believed that doing so is required by a
subpoena or other judicial or administrative order or otherwise required by law. Additionally, Zahner may
disclose Personal Information if, in good faith, we deem it appropriate or necessary to prevent violation of the
Zahner Terms and Conditions of Use or our other agreements; take precautions against liability; protect the
rights, property, or safety of Zahner, any individual, or the general public; maintain and protect the security
and integrity of our services or infrastructure; protect ourselves and our services from fraudulent, abusive, or
unlawful uses; investigate and defend ourselves against third-party claims or allegations; or assist government
We use industry standard security measures to protect against the loss, misuse, and alteration of Personal
Information under our control. Although we make good faith efforts to maintain the security of such Personal
Information, we cannot guarantee that it will remain free from unauthorized access, use, disclosure, or
alteration. Further, we cannot guarantee that our security measures will prevent unauthorized persons from
illegally accessing or obtaining this information. We do not assume any liability to third parties whose
information you post or transmit in any form. Please keep your password secure.
If we become aware of a security breach, we may attempt to notify you electronically so that you can take
appropriate protective steps. By using the Site or providing Personal Information to us, you agree that we can
communicate with you electronically regarding security, privacy, and administrative issues relating to your use
of the Site.
The Site is hosted in the United States. If you use the Site from any other region with laws governing data
collection and use that may differ from U.S. law, please note that by providing Personal Information under this
transfer of your Personal Information to the United States.
stay informed about our collection, use, and disclosure of Personal Information on the Site. Your continued use
A. Zahner Company (“Zahner”) operates this Website, www.azahner.com (the “Website”),
ShopFloor by Zahner and related software and documentation (collectively the “Software”), to provide
information, related features and services (collectively the “Services”). The terms and conditions set forth
which Zahner offers you access to Services.
access or use the Services for any purpose.
1. INTELLECTUAL PROPERTY RIGHTS/LIMITED LICENSE
The information, materials, forms, and data available through or displayed on the Services (the “Content”) is
the property of Zahner or its licensors and is protected by copyright and other intellectual property laws.
access and use the Services and the Content. You may not rent, lease, lend, sell, redistribute or sublicense the
You may not reproduce, retransmit, disseminate, sell, publish, broadcast, the Content without the express
written consent of Zahner or its licensors.
supplement the original Software-Website, unless such upgrade or update is accompanied by a separate license in
which case any conflicting terms of that license will control such update or upgrade. Zahner is under no
obligation to upgrade the Software.
the Services following any such modification constitutes your agreement to follow and be bound by the Terms of
3. NOTICES OF RESTRICTIONS ON YOUR USE
The Services contain copyrighted material, trade secrets, and other proprietary material. You may not and you
agree not to, or to enable others to, copy, decompile, reverse engineer, disassemble, attempt to derive the
source code of, decrypt, modify, or create derivative works of the Services.
You shall not, and shall not allow anyone to (a) circumvent any security feature of the Services, or (b)
disclose, publish, broadcast, sell, or otherwise redistribute the Services. You shall maintain the
confidentiality and security of any password, account, and other identification information provided with
respect to the Services and to not provide it to any other person or entity. You shall be responsible for all
use of, and activities that occur under, your password(s), account, and other identification information and for
any actions that take place through its access to the Services (whether conducted by you or another). You agree
that when using the Services, you will not:
- Upload files that contain software or other material protected by intellectual property laws (or by
rights of privacy of publicity) unless you own or control the rights thereto or have received all
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may
damage the operation of another’s computer or mobile device;
- Falsify or delete any author attributions, legal, or other proper notices or proprietary designations or
labels of the origin or source of software, or other material contained in a file that is uploaded;
- Impersonate another person or entity or use any fake name or identity;
- Allow any other person or entity to use your identification for posting or viewing comments;
- Restrict or inhibit any other user from using and enjoying the Services;
- Harvest or otherwise collect information about others without their prior, express, and written consent;
- Violate any applicable laws, rules, or regulations or rights, including intellectual property, privacy,
or publicity rights.
You agree not to take any action that interferes with the proper working of the Services; imposes an
unreasonable or disproportionately large load on the Services’ infrastructure; might compromise the security of
the Services; render the Services inaccessible to others; or otherwise cause damage to the Services or any
Content. You agree not to add to, subtract from, or otherwise modify the Content on the Website except as
The Content belongs to Zahner, its partners, affiliates, contributors or third parties and may be protected by
U.S. and international copyright, trademark, intellectual property and other laws. Content provided by
third-parties is used in the Services with the permission of such third-parties.
You may download, print and store selected portions of the Content, provided that you (1) do not copy or post
the Content on any network computer or transmit, distribute, publish or broadcast the Content in any media,
including without limitation, a website; and (2) do not modify or alter the Content in any way, or delete or
change any copyright or trademark notice. No right, title or interest in any copied or downloaded Content is
transferred to you as a result of any such copying or downloading. Zahner reserves complete title and full
intellectual property rights in any Content you copy or download from the Services.
You agree not to alter, modify, reformat, copy, download, reproduce, duplicate, display, distribute, repost,
transmit, publish, license, sell, rent, transfer, or create derivative works from any Content obtained from the
appearing throughout Content without express written consent from the trademark owner, except as permitted by
applicable law. For additional clarification, you acknowledge that the Content, including your modifications to
the Content, are, and shall remain the property of Zahner and Zahner retains all common law, statutory and other
reserved rights, including copyrights therein.
4. EXPORT CONTROL
You may not use or otherwise export or re-export the Software except as authorized by United States law and the
laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software
may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury
Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or
Entity List. By using the Software, you represent and warrant that you are not located in any such country or on
any such list. You also agree that you will not use the Software for any purposes prohibited by United States
law, including, without limitation, the development, design, manufacture or production of missiles or nuclear,
chemical or biological weapons.
You acknowledge and agree that the Content constitutes valuable and confidential proprietary information and
intellectual property of Zahner, that is protected under civil and criminal law and under the laws of patent,
copyright and trade secret, and, except as expressly provided herein, shall not be disclosed in any form by you
to any unauthorized third party. The Content shall be deemed to be Confidential Information of Zahner.
You agree to hold any and all Confidential Information you obtain in strictest confidence and to use and permit
require your employees and agents not to disclose Confidential Information to third parties without Zahner’s
prior written consent; and to notify Zahner immediately of any unauthorized disclosure or use, and to cooperate
with Zahner to protect the Confidential Information.
To the extent required by applicable law or by lawful order or requirement of a court or governmental authority
having competent jurisdiction over you, you may disclose Confidential Information in accordance with such law or
order or requirement, subject to the following conditions: as soon as possible after becoming aware of such law,
order or requirement and prior to disclosing Confidential Information pursuant thereto, you will notify Zahner
in writing and, if possible, you will provide Zahner notice not less than five (5) business days prior to the
required disclosure. You will cooperate with and provide assistance to Zahner regarding such measures.
Notwithstanding any such compelled disclosure by you, such compelled disclosure will not otherwise affect your
obligations hereunder with respect to Confidential Information so disclosed.
6. DISCLAIMER OF WARRANTIES
By agreeing to grant you access, Zahner does not obligate itself to do so or to maintain the Services, or to
maintain the Services in the present form, and Zahner expressly reserves the right to modify, suspend or
terminate your access privileges. You agree and understand that Zahner may, in its sole discretion and without
any prior notice, terminate the Services or deny you access and delete any files which you may maintain and any
information which you may choose to post or submit to the Services.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS.” YOU EXPRESSLY AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR
YOUR USE OF THE SERVICES, AND THE CONTENT. ZAHNER MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICES OR THE CONTENT. ZAHNER EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WITH REGARD TO THE SERVICES, OR
THE CONTENT (INCLUDING THIRD PARTY INFORMATION).
ZAHNER SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OF THE
SERVICES OR THE CONTENT (INCLUDING THIRD PARTY INFORMATION). IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF ALL CONTENT PROVIDED BY THE SERVICES.
ZAHNER DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. ZAHNER DOES NOT WARRANT THE ACCURACY OR
COMPLETENESS OF THE CONTENT PROVIDED BY THE SERVICES, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE
SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
7. LIMITATION OF LIABILITY
REMEDY IS TO DISCONTINUE USING THE SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT YOUR USE OF THE
SERVICES IS AT YOUR SOLE RISK.
YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL ZAHNER BE LIABLE FOR ANY DAMAGES WHATSOEVER,
INCLUDING, BUT NOT LIMITED TO, (I) ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA,
PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, OR THE
CONTENT (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE CONTENT CONTAINED
THEREIN OR DOWNLOADED THROUGH THE SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, OR (V) ANY OTHER MATTER RELATING TO THE
CONTENT OR THE SERVICES, EVEN IF ZAHNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, ZAHNER’S LIABILITY IS LIMITED AND
WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree that you are solely responsible for any data transmitted or otherwise used in connection with the
Services, Content and all information, materials or data utilized by you in connection with the Services and
Content, and that in addition to your obligations to indemnify as provided in this Agreement, you will
indemnify, hold harmless, and defend Zahner and its officers, directors, employees, agents and representatives
against any and all claims, demands, liabilities, losses, obligations, and expenses (including without
limitation reasonable attorney’s fees and court costs) Zahner may incur related to any lawsuit, proceeding, or
other action arising in whole or in part from your use of the Services and Content, your breach of these Terms
of Use or your actual or alleged violation of any statutory, regulatory, or other legal obligation.
Zahner may collect, maintain, process and use diagnostic, technical, usage and related information, including
but not limited to information about your device, computer, system and application software, and peripherals,
that is gathered periodically to facilitate the provision of software updates, product support and other
use this information to provide and improve Zahner’s products and services.
Zahner may collect any information submitted by you through the Services and provide the collected information
to any entity that Zahner in its sole discretion determines necessary. You hereby grant Zahner an irrevocable,
non-exclusive, worldwide, perpetual, and royalty-free license to possess, use, disclose, compile publish,
modify, display, distribute and prepare derivative works of information provided by you and collected through
At all times your information will be treated in accordance with Zahner’s Privacy Statement, which is
Despite Zahner’s efforts to ensure that Content is accurately input into the Services, such Content may
nevertheless contain errors and omissions. Accordingly, Zahner disclaims the accuracy and completeness of all
Content and you hereby expressly agree to hold Zahner harmless from any and all claims, losses or damages
resulting from any such errors and omissions.
You must provide at your own expense the equipment, internet connections or mobile devices and/or service plans
to access and use the Services at your cost.
11. DMCA CONTACT
Zahner supports the rights of copyright owners. Any notification of copyright infringement in accordance with
the Digital Millennium Copyright Act (DMCA), 17 U.S.C. Sec. 512, should be submitted to:
A. Zahner Company
Attn: Rick Maner
1400 East 9th Street
Kansas City, MO 64106
12. GENERAL PROVISIONS
relating to your access to and use of Services and Content, and supersede all previous written or oral
agreements between the parties with respect to such subject matter. No waiver by Zahner of any breach or
default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
- (B) Other Agreements. Certain products and services available on the Services may require
additional agreements prior to their provision. In the event of any conflict between a provision of
licensees or partners, the terms of the specific product or service agreement shall control, otherwise,
- (C) Correction of Errors and Inaccuracies. The information in the Services may contain
typographical errors or other errors or inaccuracies and may not be complete or current. Zahner
therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update
information at any time without prior notice. Zahner does not, however, guarantee that any errors,
inaccuracies or omissions will be corrected.
State of Missouri, without regard to any conflict of laws provisions. Although you acknowledge that we
will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent
to the exclusive jurisdiction and venue of courts in Jackson County, Missouri, and waive any right to a
your use of the Services, any other website, or Content contained therein. The prevailing party shall be
entitled to recover its expenses, including reasonable attorneys’ fees from arising out of or relating
to any such dispute.
- (E) Assignment and Sublicense. Zahner shall have the right to transfer or assign these Terms of
Use and the rights hereunder to any other person or entity without your Consent. You shall not assign or
written consent of Zahner, which consent shall not be unreasonably withheld. Furthermore, you
acknowledge and agree that the Services may not be sublicensed or otherwise transferred voluntarily or
by operation of law to any third party. Any attempted assignment, license, sublicense or transfer by
you, whether voluntary or involuntary, shall be void and shall be grounds for immediate termination of
shall inure to the benefit of the successors and permitted assigns of the parties hereto.
- (F) Force Majeure. Neither party shall be liable for damage due to any cause beyond its control,
including, without limitation, acts of God, acts of civil or military authority, labor disputes, failure
or delay of suppliers or systems, including communications and power systems, fire, sabotage, war,
embargo or acts or omissions of the other party caused by any of such events.