PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE OR ANY SERVICES OFFERED BY ZIONHILL GLOBAL, LLC. BY ACCESSING, BROWSING, OR OTHERWISE USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY ALL TERMS SET FORTH HEREIN.
ZionHill Global, LLC | legal@zionhillglobal.com
These Terms and Conditions of Use (“Terms,” “Agreement”) constitute a legally binding contract between you (“User,” “you,” or “your”) and ZionHill Global, LLC, a Texas limited liability company (“ZionHill Global,” “Company,” “we,” “us,” or “our”), governing your access to and use of the website located at www.zionhillglobal.com (the “Site”) and any related content, materials, tools, features, or services made available through the Site (collectively, the “Services”).
By accessing or using the Site in any manner, including but not limited to visiting, browsing, registering an account, submitting a contact form, or downloading any materials, you represent and warrant that: (i) you have read, understood, and agree to be bound by these Terms; (ii) you are at least eighteen (18) years of age or the age of legal majority in your jurisdiction of residence; and (iii) you have the legal authority to enter into a binding agreement.
If you do not agree to these Terms in their entirety, you must immediately cease all access to and use of the Site and Services. Continued use following the posting of any modification to these Terms constitutes your acceptance of those modifications.
For purposes of these Terms, the following definitions shall apply:
3.1 Age Requirement. You must be at least eighteen (18) years of age to access or use the Site or Services. By using the Site, you represent and warrant that you meet this minimum age requirement. ZionHill Global reserves the right to request proof of age at any time and to terminate access to any User who does not satisfy this requirement.
3.2 Geographic Restrictions. The Site and Services are operated from the State of Texas, United States of America. ZionHill Global makes no representation that the Site or its contents are appropriate or lawfully available in all jurisdictions. If you access the Site from outside the United States, you do so at your own risk and initiative, and you are solely responsible for compliance with all applicable local laws and regulations.
3.3 Account Registration. Certain features of the Site may require you to register for an account. By registering, you agree to: (i) provide accurate, current, and complete information; (ii) maintain and promptly update your account information; (iii) maintain the confidentiality of your login credentials; (iv) accept responsibility for all activities that occur under your account; and (v) notify ZionHill Global immediately of any unauthorized use of your account.
4.1 Informational Purposes Only. All content, materials, and information published on the Site—including without limitation articles, blog posts, calculators, presentations, and downloadable resources—are provided for general informational and educational purposes only. Nothing on the Site constitutes, or should be construed as, financial advice, investment advice, tax advice, legal advice, insurance advice, accounting advice, or any other form of professional advice.
4.2 No Advisor-Client Relationship. Your access to or use of the Site does not, under any circumstances, create or imply: (i) an advisor-client relationship; (ii) a fiduciary relationship; (iii) an attorney-client relationship; or (iv) any other professional relationship between you and ZionHill Global, LLC or any of its officers, directors, employees, agents, or affiliates.
4.3 Consult Licensed Professionals. Financial products, insurance products, and investment vehicles carry significant risk. Before making any financial, legal, tax, or investment decision, you should consult with appropriately licensed and qualified professionals in those respective fields. ZionHill Global expressly disclaims any liability arising from reliance upon information presented on the Site as a substitute for professional advice.
5.1 Ownership. The Site and all of its content, features, and functionality—including but not limited to text, graphics, logos, button icons, images, audio and video clips, data compilations, and software—are the exclusive property of ZionHill Global, LLC or its content suppliers and licensors, and are protected by United States and international copyright, trademark, patent, and trade secret laws, as well as other applicable intellectual property laws and treaties.
5.2 Limited License. Subject to your strict compliance with these Terms, ZionHill Global grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for your personal, non-commercial informational purposes. This license does not include the right to: (i) modify, reproduce, distribute, or create derivative works; (ii) scrape, harvest, or systematically download content; (iii) commercially exploit any content or materials; or (iv) use any automated systems, bots, or data mining tools to access the Site.
5.3 Trademarks. “ZionHill Global,” “No Family Left Behind,” and all associated logos and trade dress are trademarks or service marks of ZionHill Global, LLC. Unauthorized use of any trademark or service mark of ZionHill Global is strictly prohibited and may constitute trademark infringement under applicable law.
5.4 DMCA Notice. ZionHill Global respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (“DMCA”). If you believe your copyright has been infringed upon by content on the Site, please submit a written notice to legal@zionhillglobal.com with the information required under 17 U.S.C. § 512(c)(3).
6.1 General Prohibition. You agree that you will not, directly or indirectly, use the Site or Services for any purpose that is unlawful, unauthorized, or otherwise prohibited by these Terms. The following is a non-exhaustive list of prohibited activities:
6.2 Consequences of Violation. ZionHill Global reserves the right, in its sole and absolute discretion, to investigate any actual or suspected violation of these Terms and to take any action it deems appropriate, including but not limited to: suspending or permanently terminating your access to the Site, notifying law enforcement authorities, pursuing civil or criminal legal remedies, and recovering from you all attorneys’ fees and costs incurred as a result of your violation.
7.1 Representations and Warranties. By submitting any User Content to the Site—including through contact forms, comment sections, or other submission mechanisms—you represent and warrant that: (i) you own or have the legal right to submit such content; (ii) the content does not infringe any third-party intellectual property rights; (iii) the content does not contain any defamatory, obscene, unlawful, or otherwise objectionable material; and (iv) the submission of such content does not violate any agreement to which you are a party.
7.2 Grant of License. By submitting User Content, you hereby grant ZionHill Global a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media or format, in connection with the operation, promotion, or improvement of the Site and Services.
7.3 No Obligation. ZionHill Global has no obligation to retain, publish, or use any User Content submitted and reserves the right, in its sole discretion, to remove or refuse to display any User Content at any time without notice.
8.1 Electronic Consent. By using the Site or submitting any form of inquiry, registration, or contact request, you consent to receive communications from ZionHill Global electronically, including via email and electronic notices posted on the Site. You agree that all notices, disclosures, agreements, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.
8.2 Opt-Out. You may withdraw consent to receive marketing or promotional electronic communications at any time by following the opt-out instructions included in any such message, or by contacting us at legal@zionhillglobal.com. Withdrawal of consent does not apply to transactional or legally required communications.
9.1 “As-Is” Basis. THE SITE AND ALL CONTENT, MATERIALS, SERVICES, AND INFORMATION PROVIDED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZIONHILL GLOBAL, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
9.2 No Guarantee of Results. ZionHill Global makes no guarantee, representation, or warranty of any kind regarding the results that may be obtained from the use of the Site or any information thereon. Any reliance you place on such information is strictly at your own risk.
10.1 Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZIONHILL GLOBAL, LLC, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES—INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR LOSS OF BUSINESS OPPORTUNITY—ARISING OUT OF OR IN CONNECTION WITH: (i) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; (iii) ANY CONTENT OBTAINED FROM THE SITE; OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
10.2 Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, ZIONHILL GLOBAL’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, OR THE SERVICES SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO ZIONHILL GLOBAL IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.
10.3 Essential Bargain. YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK, AND THAT ZIONHILL GLOBAL WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT SUCH LIMITATIONS.
You agree to defend, indemnify, and hold harmless ZionHill Global, LLC and its officers, directors, members, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses—including reasonable attorneys’ fees and court costs—arising out of or relating to: (i) your access to or use of the Site or Services; (ii) your User Content; (iii) your violation of any provision of these Terms; (iv) your violation of any applicable law, rule, or regulation; or (v) your violation of any third-party rights, including any intellectual property right, privacy right, or contractual right. ZionHill Global reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you.
THIRD-PARTY LINKS AND CONTENT
The Site may contain links to third-party websites, resources, or services that are not owned or controlled by ZionHill Global. Such links are provided solely as a convenience and do not constitute an endorsement, recommendation, or approval by ZionHill Global of the content, products, or services available at those linked sites. ZionHill Global has no control over, and assumes no responsibility for, the content, privacy policies, terms of use, or practices of any third-party websites. You access such third-party sites at your own risk, and ZionHill Global expressly disclaims any liability arising from your use of or reliance on any third-party website.
13.1 Informal Resolution. Before initiating any formal dispute resolution proceeding, you agree to contact ZionHill Global at legal@zionhillglobal.com and provide a written description of the dispute, the relief sought, and any supporting documentation. The parties shall use good-faith efforts to resolve the dispute informally for a period of thirty (30) days from the date of notice.
13.2 Binding Arbitration. If the dispute cannot be resolved informally, you and ZionHill Global agree that any and all disputes, claims, or controversies arising out of or relating to these Terms, the Site, or the Services—including questions about their validity, interpretation, enforceability, or breach—shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in Collin County, Texas, or, at your option, by telephone or video conference. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
13.3 Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. YOU FURTHER WAIVE YOUR RIGHT TO A JURY TRIAL WITH RESPECT TO ANY DISPUTE COVERED BY THESE TERMS.
13.4 Exceptions. Notwithstanding the foregoing, either party may seek emergency injunctive or equitable relief from a court of competent jurisdiction to prevent imminent irreparable harm pending arbitration, without waiving the right to arbitrate the underlying claim.
These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice-of-law or conflict-of-law rules that would cause the application of the laws of any other jurisdiction. To the extent that any matter is not subject to arbitration under Section 13, or to the extent a court finds the arbitration clause unenforceable, the parties irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Collin County, Texas.
MODIFICATION AND TERMINATION
15.1 Modifications to Terms. ZionHill Global reserves the right to modify, amend, or replace these Terms at any time, in its sole and absolute discretion, by posting the updated Terms on the Site with a revised “Last Revised” date. Your continued use of the Site following any such modification constitutes your binding acceptance of the revised Terms. If you do not agree to any modification, you must immediately cease using the Site.
15.2 Modification of Services. ZionHill Global reserves the right to alter, suspend, or discontinue any aspect of the Site or Services at any time without notice or liability.
15.3 Termination. ZionHill Global may, in its sole discretion, immediately terminate or suspend your access to the Site and Services—with or without notice, and with or without cause—for any conduct that ZionHill Global believes violates these Terms, applicable law, or is otherwise harmful to the interests of other Users or ZionHill Global. Upon termination, the following sections of these Terms shall survive: Sections 4 through 16 inclusive.
16.1 Entire Agreement. These Terms, together with the Privacy Policy and any other legal notices or policies published by ZionHill Global on the Site, constitute the entire agreement between you and ZionHill Global with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, representations, warranties, and understandings.
16.2 Severability. If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of these Terms shall remain in full force and effect.
16.3 No Waiver. No failure or delay by ZionHill Global in exercising any right, remedy, power, or privilege under these Terms shall operate as a waiver thereof. Any waiver must be in writing and signed by an authorized representative of ZionHill Global.
16.4 Assignment. You may not assign or transfer any rights or obligations under these Terms without ZionHill Global’s prior written consent. ZionHill Global may freely assign its rights and obligations under these Terms without restriction.
16.5 Force Majeure. ZionHill Global shall not be liable for any failure or delay in performance arising from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, governmental actions, or failures of internet or telecommunications infrastructure.
16.6 Contact. All legal notices, inquiries, or correspondence regarding these Terms should be directed to:
ZionHill Global, LLC
Attn: Legal Department
Email: legal@zionhillglobal.com