Terms & Conditions

TERMS AND CONDITIONS

By visiting this website, YOU are consenting to the following terms of use, which may be updated by US from time to time without notice to YOU. There are provisions below constituting a waiver of certain legal rights. Please read all information carefully. 

As used herein, “US/WE/OUR” shall refer to Zaka Connect, and “WEBSITE” shall refer to the website located at www.zakaconnect.com and www.community.zakaconnect.com (or any subsequent URL which may replace it). YOU/YOUR shall refer to you, the user, of the WEBSITE. 

These Terms and Conditions, together with the Privacy Policy and Terms and Conditions of Purchase (if applicable), shall constitute the entire Agreement. 

The Website contains images, logos, text, graphics, video and/or audio files, and other materials provide by US (collectively referred to herein as “Content”). WE retain all right, title and interest, including without limitation all intellectual property rights, in and to the Content. YOU agree not to copy, reproduce, transmit, publish, display, distribute, sell, transfer, or commercially exploit the Content or any portion thereof. YOU are also prohibited from posting the Content or any portion thereof in any format, on any other websites, social media pages, or in any other media for any purpose, without OUR express written permission in each and every instance. 

YOU agree not to use the Website in any way that may cause the Website to be damaged or impair the functionality. YOU shall not use the Website for any illegal purpose. 

If YOU believe that YOUR work has been copied in a way that constitutes copyright infringement, please provide OUR agent the written information specified below. Please note this procedure is exclusively for notifying US that YOUR copyrighted material has been infringed. 

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
  • A description of the copyrighted work that YOU claim has been infringed
  • A description of where the material that YOU claim is infringing is located on the Website
  • YOUR address, telephone number, and e-mail address
  • A statement by YOU that YOU have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • A statement by YOU, under penalty of perjury, that the foregoing information in YOUR notice is accurate and that YOU are the copyright owner or authorized to act on the copyright owner’s behalf

 

Notice of claims of copyright infringement on the Website can be sent to: 

 

Zaka Connect

PO Box 29037

Atlanta, GA 30359

 

There may be sections of the Website that allow for the posting of content otherwise provided, created, or supplied by YOU (“User-Generated Content”). User-Generated Content must not be threatening, objectionable, illegal, obscene, defamatory, invades the privacy or intellectual property rights of US or any third party. Any User-Generated Content that YOU provide will not be subject by US to any expectation of privacy or confidence and confidential, fiduciary or other relationship is intended or created between YOU and US. YOU agree that WE shall have the unrestricted rights to use the User-Generated Content for any and all purposes whatsoever, commercial or otherwise, without any further permission or payment to YOU or anyone else. YOU represent and warrant that YOU own and have the full rights to or other control all User-Generated Content that YOU supply or provide to US, and that such User-Generated Content does not violate these Terms and Conditions or Privacy Policy. YOU agree to indemnity US from and against any and all claims arising out of, resulting from, or relating to, any such User-Generated Content. 

 

YOU assume all risk, liability, and consequences resulting from YOUR use of or access to any third-party websites which may be linked on this Website. YOU further agree that WE are not responsible or liable for any third-party websites which may be linked on this Website, and do not endorse and are not responsible or liable for the content of any such third-party websites, nor for any damage or loss caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods, or services available on such third-party websites or resources. 

 

WE reserve the right to modify and/or amend the Website, or any portion thereof, at any time with or without notice to YOU. YOU agree that WE shall not be liable to YOU or any third party with respect to any such modification of the Website. YOU will not be eligible for any compensation because YOU cannot use any part of the Website or because of a failure or suspension of all or part of the Website. 

 

WE reserve the right to alter these terms and conditions from time to time, and YOUR use of the Website following such change shall be considered to be YOUR acceptance of such change. 

 

YOU agree to indemnify, defend, and hold US (including OUR agents, representatives, and assigns, hereafter the “Indemnified Parties”), harmless from and against any and all claims, liability, damages, losses, costs, and expenses, including legal fees, suffered by US and arising out of any breach of the conditions by YOU or any other liabilities arising out of YOUR use of the Website, or the use by any other person accessing the Website using your password, credentials, or internet access account. YOU agree to cooperate with US in the defense of any claim, including without limitation, providing US with information, documents, records and access WE deem reasonably necessary. WE reserve the right to employ separate counsel and assume the exclusive defense and control of any settlement and disposition of any claim that is subject to indemnification by YOU. YOU shall not settle any third party claim or waive any defense without OUR prior written consent. 

 

YOU EXPRESSLY AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE AND ANY CONTENT HEREIN IS AT YOUR OWN RISK. THE CONTENT ON THE WEBSITE IS PROVIDED “AS-IS.” WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE. WE DO NOT WARRANT THAT THE WEBSITE OR ANY OF ITS CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT HOST SUCH CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE FULLY FUNCTIONAL, ACCURATE OR RELIABLE.

 

THE WEBSITE AND PRODUCTS, SERVICES OR PROGRAMS CONTAINED HEREIN DO NOT GUARANTEE ANY PARTICULAR OUTCOME OR CHANGE IN CIRCUMSTANCES. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY OUTCOME OR ACTION FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE. 

 

YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES (AS DEFINED ABOVE) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTIONS AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE.

 

UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE EXEMPLARY OR ANY OTHER DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM THE USE OF OR ANY INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR FUNCTIONS THEREOF; OR ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE WEBSITE.

 

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES, WHETHER KNOWN OR UNKNOWN. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE, OR ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE WEBSITE.

 

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS HEREIN AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

WHERE CERTAIN STATE LAWS DO NOT ALLOW CERTAIN OF THE EXCLUSIONS, LIMITATIONS, OR DISCLAIMERS OF LIABILITY SET FORTH IN THESE TERMS OF USE, SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.

 

This Agreement and any action related thereto will be governed by the laws of the State of California.

 

California users of the Website are entitled to the following information pursuant to California Civil Code Section 1789.3:

 

For any questions or complaints about US, OUR products, services or the Website, please contact us via e-mail at community@zakaconnect.com, via written correspondence sent to PO Box 29037 Atlanta, GA 30359. WE are engaged in the sale of services worldwide and within the USA. Currently there are no charges to the consumer for the use of the Website, other than the cost of any products, programs or services purchased through the Website, and an applicable fees associated with such purchases. Unless otherwise stated, these charges appear for each purchase on an Order Confirmation page or in an Order Confirmation sent via email to the consumer following their purchase. WE reserve the right to change pricing related to any products, programs or services offered through the Website at any time. Those changes will be reflected in the terms and conditions accompany the sale, and on the Order page.

 

The Complaint Assistance Unit of the Division of Consumer Services of the Dept. of Consumer Affairs in CA, Consumer Information Center may be contacted in writing at 1625 North Market Blvd, Suite N-112, Sacramento, CA 95834 or by calling 1-800-952-5210.

 

In the event of a dispute arising under or relating to this Agreement, the Content, or the Website (each, a “Dispute”), the parties agree to first submit the matter to mediation to be conducted by a mutually selected, qualified neutral, third-party attorney/mediator located in Los Angeles, California, which mediation may occur in-person, online (via web cams), or telephonically, and shall be scheduled within 30 days of either party providing the other with a request to mediate. Should mediation fail to resolve the dispute, either party may request that the dispute be resolved by confidential, binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator whose decision shall be final except for a limited right of appeal under the FAA. Any court in Los Angeles, California may enforce the arbitrator’s award. The arbitration may be conducted in person, through the submission of documents, by phone, or online and shall be conducted by a qualified JAMS or similarly experienced arbitrator. If conducted in person, the arbitration shall take place in Los Angeles, California. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.

 

YOU agree that any arbitration or court proceeding shall be limited to the Dispute between US and YOU, individually. To the full extent permitted by law, (i) no arbitration or legal proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

 

When YOU visit the Website or correspond with us via e-mail, you are communicating with US electronically. YOU consent to receive communications from US electronically. WE will communicate with YOU by email or by posting notices on the Website. YOU agree that all agreements, notices, disclosures, and other communications that WE provide electronically satisfy any legal requirement that such communications be in writing.

 

These Conditions and documents referred to herein (as amended from time to time) contain the entire Agreement between YOU and US relating to the Website and any matter covered and supersede all prior and contemporaneous agreements, representations, understandings or proposals between US. No oral explanation or oral information given by either of US shall alter the interpretation of these Conditions.

 

No waiver of any of the provisions herein by the Company shall constitute a waiver of any other provisions, nor shall any waiver constitute a continuing waiver.

 

If any provision of these Terms and Conditions is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

 

 

TERMS AND CONDITIONS OF PURCHASE 

This Agreement sets forth the terms of purchase of Services (“Product/Program”) from Zaka Connect.

By placing your order with and for Zaka Connect, by clicking “accept/purchase/pay now”) or by using the Services, YOU agree to be bound by this Agreement. 

As used herein, “US/WE/OUR” shall refer to Zaka Connect, and “WEBSITE” shall refer to the website located at www.zakaconnect.com and www.community.zakaconnect.com (or any subsequent URL which may replace it). YOU/YOUR shall refer to you, the user, of the WEBSITE or Customer of the Services/Program. 

The Services/Program includes an online motivational workshop which will provide the tools for immigrant professionals. The program content will be delivered via on-line through lectures and workshops, as well as on-demand lectures and workshops. YOU will use a unique username and password that should only be used by YOU to access the Content. Sharing log-in information, passwords, and protected links is prohibited and will result in removal from the Program. 

Payment is required before beginning the Program. YOU agree to pay the amount agreed and not to cancel this transaction with YOUR bank or credit card company. WE are not responsible for any overdraft charges, over limit charges, or other fees charged by YOUR bank or credit card company. WE do not guarantee any specific result from use of the Services or Program. Further, WE do not make any representations or warranties as to specific outcomes or results. 

WE do not guarantee that YOU will achieve any particular result or earn any money using any of OUR ideas, tools, strategies or recommendations, and nothing herein is a promise or guarantee to YOU of future earning or outcomes. 

YOU expressly agree that YOUR use or inability to use any of the Services/Programs is at YOUR sole risk. By purchasing the Services, YOU accept, agree and understand that YOU are fully responsible for YOUR progress and results from YOUR participation and that WE offer no representations, warranties or guarantees verbally or in writing regarding YOUR earnings, business profit, marketing performance, audience growth or results of any kind. YOU alone are responsible for YOUR actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, YOUR skill, knowledge, ability, dedication, business savvy, network and financial situation. YOU also understand that any testimonials or endorsements by OUR customers or audience represented on OUR Program or Website. Any statements outlined on OUR websites, programs, content and offerings are simply OUR opinion and thus are not guarantees or promises of actual performance. WE offer no professional legal or financial advice.

This Agreement provides US the right to use, reproduce, publicly display, edit, and distribute all content that YOU create, share or post in audio, video, text, images and other media or software that YOU provide in our social media groups or through the Website.

ALL SALES OF THE PRODUCT/SERVICES ARE FINAL AND NO REFUNDS ARE AVAILABLE. 

This Agreement will be effective consistent with the term indicated on YOUR Order form or Order page. Failure to pay for the Product or Program or Services consistent with the program requirements will result in termination of the Program prior to the end of the applicable term, and YOUR access to Program materials or ongoing Services will be discontinued. Additional fees may be accrued in the event you continue to access the Program Website or continue to use the Services after any failure to pay for said Services/Program.

Use of the Product or Program or Services covered by this Agreement and any content provided therein is at YOUR own risk. WE and OUR employees and agents are not responsible for any physical or non-physical damages imagined, perceived, or otherwise sustained as a result of the use of the Product or Program or Services or any content provided as part of the Product or Program or Services.

Nothing contained in this Agreement shall be interpreted or construed to create a joint venture, partnership, employment or agency relationship of any kind.

WE may modify this Agreement from time to time and without notice. YOU agree to be bound by the terms of this Agreement and any future modifications when such modifications are posted to OUR Website. YOU should review this Agreement regularly during the use of the Product or Program or Services to keep apprised of any changes.

No assignment of this Agreement is permitted, without prior written permission from US. Any attempt to do so shall constitute a default or violation of this Agreement which shall be immediately void. OUR rights and obligations, in whole or in part, under this Agreement may be assigned or transferred by US.

This Agreement is solely for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or remedies on any other person or entity.

This Agreement and any action related thereto shall be governed by the laws of the State of California without regard to its choice of law principles. The parties consent to exclusive jurisdiction and venue in federal and state courts sitting in Los Angeles County, California.

In the event that a dispute arises pursuant to this Agreement, either Party may submit a written demand to the other that the dispute be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California. The foregoing shall not prevent US from seeking injunctive relief in a court of competent jurisdiction.

If a party is prevented from fulfilling its obligations under this Agreement for one of the following reasons beyond the party’s reasonable control, including due to a national environmental or military emergency, such as fire, flood, explosion, war, strike, embargo, pandemic, epidemic, government regulation, or civil or military authority, or acts or omissions of carriers, transmitters, providers, vandals, or hackers, whether known or unknown (a “force majeure event”), the time for that party’s performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however, that YOU will not be excused from payment of any sums of money owed by YOU to US; and provided further, however, that if a party suffering a force majeure event is unable to cure that event within thirty (30) days, the other party may terminate this Agreement.

 

This Agreement shall be construed fairly and not interpreted for or against either party. Any remedies available to US, including any set forth in this Agreement, are not exclusive and are in addition to any other rights or remedies available to it at law or in equity.

This Agreement shall be binding upon, and inure to the benefit of the respective parties hereto, their successors, heirs, representatives, and permitted assigns.

Under no circumstances whatsoever shall either party be liable to the other for any incidental, consequential, indirect, special, exemplary, punitive or other damages under this Agreement. This provision applies even if such party has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained in this Agreement, OUR liability to you for any cause whatsoever and regardless of the form of action, will at all times be limited to the amount paid, if any, by YOU to US for the services during the term of the Program.

All materials provided to YOU as part of your Product or Program or Services which are the subject of this Agreement are proprietary and may not be duplicated, copied, reproduced, published or displayed in any form without the prior express written permission of US. YOU may not re-use, perform, modify, transmit, re-post or use in any way the content or any derivative works thereof, without the prior express written permission of US. All trademarks, logos, and service marks displayed on any materials provided as part of the Product or Program or Services under this Agreement are protected by US and International copyright and Intellectual Property laws. Access to any materials or content online or otherwise as part of the Product or Program or Services subject to this Agreement should not be construed as granting any license or right to use said content, including trademarks, logos and service marks of US or any third-party.

YOU agree to the Terms and Conditions found at www.zakaconnect.com.

YOU agree to the Terms and Conditions of the Privacy Policy found at www.zakaconnect.com. YOU agree that WE, or any third-party vendor, may share your personal identifying information with US to allow US to serve YOU and with the proper products and services, now and in the future, in accordance with OUR posted Privacy Policy.

No waiver of any of the provisions herein by the Company shall constitute a waiver of any other provisions, nor shall any waiver constitute a continuing waiver.

 

If any provision of these Terms and Conditions is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

YOU agree to indemnify, defend and hold harmless US its subsidiaries, affiliates, and their officers, managers, employees, agents, attorneys, employees, representatives or assigns from any claims, liability, damages, losses, harm, costs and expenses, including legal fees and expenses or any other detriment incurred by YOU in any claims arising out of this Agreement, YOUR use of the Services, any breach of this Agreement, including breach of YOUR representations and warranties set forth above, or if any content that you post or publish while using the Services causes US to be liable to a third party.

This Agreement cannot be voided by not logging into the Program website, where applicable, by not accessing or using the Services as delivered, or in any other way attempting to avoid viewing or taking delivery of the Product or Program or Services as outlined. These actions will not void YOUR Agreement or permit you the right to a refund.

This Agreement represents the entire understanding and agreement of the parties relating to the Product or Program or Services purchased, and any and all prior agreements, understandings, and representations, whether express or implied, written or oral, regarding the Product or Program or Services, are of no further force and effect. In order to participate in certain portions of the Product or Program or Services, YOU may be notified that YOU may be required to agree to additional terms and conditions as the program is revised over time.