Zyp Tag (“zyptag”) maintains the website
located at www.zyptag.com (“Site”) and allows you to access and use this Site,
subject to these terms and conditions as modified from time to time (“Terms”).
The terms “you” and “your,” as used in these Terms, refer to any person
accessing this Site for any reason. Please read these Terms carefully.
1. Acceptance of the Terms. By accessing or using this Site, you
acknowledge and represent that you have read, understand, agree to be bound by,
and accept these Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE
THE SITE. Although you may “bookmark” a particular portion of this Site and
bypass these Terms, your use of this Site still binds you to these Terms. If
you have a question about these Terms, please email zyptag at hello@zyptag.com.
2. Right to Enter this Site. Subject to your compliance with these
Terms, zyptag grants to you a personal, non-exclusive, non-transferable,
limited, revocable right to enter and use this Site. Any unauthorized use of
this Site terminates the permission granted by zyptag to enter and use this
Site. No person under the age of 18 may use this Site.
3. Purchases. The products and services offered for sale on this
Site are subject to availability, and the prices for such products and services
are subject to change without prior notice. Before making a purchase through
this Site, please review zyptag’s Terms and Conditions of Sale, Shipping
Policy, and Refund/Return Policy. If you purchase a product or service through
this Site, you represent that you are at least 18 years of age.
4. Accuracy of Information on this Site. zyptag attempts to provide
only accurate information, but some inaccuracies may occasionally be present.
By using this Site you acknowledge that zyptag will not be liable or
responsible for any damage or loss caused by or in connection with the use of
or reliance on any information on this Site. If you find any information on
this Site to be inaccurate, please alert zyptag at hello@zyptag.com.
5. Restrictions on Use. Without zyptag’s prior written consent, you
may not (a) use any automated means to access this Site or collect any
information from this Site (including, without limitation, robots, spiders,
scripts, or other automatic devices or programs), or (b) frame this Site,
utilize framing techniques to enclose any service mark, logo, or other
proprietary information, place pop-up windows over its pages, or otherwise
affect the display of its pages. As such, you agree not to engage in the
practices of “screen scraping,” “database scraping,” or any other activity to
obtain Materials (as that term is defined below), lists of users, or other
information for an unauthorized purpose.
You may not, without zyptag‘s prior written permission, use any meta tags or
any other “hidden text” that includes zyptag’s name, trademarks, or service
marks, or use any zyptag logo or other proprietary graphic, trademark, or
service mark as part of a link. When you use this Site and its Materials for an
authorized purpose, you must include all proprietary notices without altering
or concealing such notices. You agree that you will not use this Site in any
manner that is inconsistent with or violates applicable law or these Terms or
that could damage, disable, overburden, or impair this Site or interfere with
any other party’s use and enjoyment of this Site.
You also agree not to do any of the following while using this Site:
- Gather any person’s information available from this Site or transmit any unsolicited advertising, junk mail, “spam,” or chain letters;
- Impersonate or misrepresent your affiliation with any person or entity or create a false identity to mislead zyptag or others;
- Submit false or misleading information;
- Submit or transmit any content that infringes a third party’s Intellectual Property Rights (as that term is defined below) or rights of publicity or privacy or that is unlawful, untrue, fraudulent, harassing, libelous, defamatory, abusive, threatening, pornographic, racist, harmful (including viruses, corrupted files, or any other similar software or programs), disparaging of zyptag or other persons, or is otherwise objectionable;
- Violate any other policies stated on this Site;
- Repeat any action after you receive a warning or request from zyptag to stop, whether or not that action is explicitly prohibited in zyptag’s policies; or
- Fail to respond to communications from zyptag regarding a violation, dispute or complaint.
6. Termination. zyptag may terminate your use of this Site for any reason, including, without limitation, if zyptag believes that you have violated or acted inconsistently with these Terms. zyptag may also modify or discontinue providing this Site, or any part thereof, with or without notice. zyptag is not liable to you or any third party for any termination of your access to this Site, or any modification or termination of this Site.
7. Ownership and Use of Materials. All information, data, text,
communications, graphics, user interfaces, visual interfaces, photographs,
trademarks, logos, sounds, music, artwork and computer code contained on this
Site (collectively, “Materials”) are owned, controlled or licensed by or to zyptag.
Except as expressly provided in these Terms, you may not copy, republish,
distribute, prepare derivative works, modify, or otherwise use the Materials.
Notwithstanding the rights granted to you in these Terms, you may not copy or
replicate the design, layout or look and feel of this Site. Unless otherwise
permitted, no trademark, service mark, graphic, sound or image from this Site
may be copied or republished without zyptag prior written authorization.
With respect to high resolution images of zyptag products, zyptag grants to you
a personal, non-exclusive, non-transferable, limited, revocable right to
republish for non-commercial purposes the images that zyptag makes available at
http://www.zyptag.com, provided that you (a) provide attribution to zyptag; (b)
include either of the following notices with your republication: “© zyptag” or
“Source: zyptag”; and (c) do not alter the images or use the images in a manner
that could harm the reputation of zyptag or of zyptag products or services. zyptag
reserves the right to revoke this right at any time, and you must discontinue
use of the images immediately upon notice from zyptag, which may be in the form
of a general notice published on this Site.
8. Intellectual Property. All Materials are the property of zyptag or
its licensors, and are protected by copyrights, trademarks, and other
intellectual property and proprietary rights (collectively, “Intellectual
Property Rights”). Except as expressly provided in these Terms, zyptag does not
grant any express or implied right to use the Materials. The collection,
arrangement and assembly of any Materials are the exclusive property of zyptag or
its licensors and are protected by U.S. and international intellectual property
laws, including copyright laws. All software used on this Site is the property
of zyptag or its software suppliers and are protected by U.S. and international
intellectual property laws, including copyright laws. The absence of any
product or service name from this section does not constitute waiver of
trademark rights. You may not use any zyptag trademarks to imply any
endorsement or affiliation of any product or service without written permission
from zyptag. All other marks contained on this Site are the property of the
parties indicated.
9. User Information; Electronic Communications. You represent and
warrant that all information that you submit to zyptag through this Site is
complete and accurate. By submitting your contact information to zyptag through
this Site (e.g., by completing the form on the “Contact Us” page or the
“Register Your Product” page), you authorize zyptag to send electronic mail to
you. If you do not want to receive emails from zyptag, you may follow the
instructions in the email to remove your email address from the mailing list.
If zyptag has reasonable grounds to believe that the information you provided
is untrue, inaccurate, incomplete, or outdated, zyptag may suspend or terminate
your use of this Site or otherwise refuse to perform any requested services.
10. Privacy Policy. Your privacy is important to zyptag. Please
review zyptag’s Privacy Policy regarding information we collect through your
use of this Site, the terms of which are incorporated herein by reference.
11. Submissions. Subject to the Privacy Policy, all material,
information, or ideas that you submit through this Site will be treated as
non-confidential and non-proprietary and may be used or disseminated by zyptag for
any purpose. You also acknowledge and agree that zyptag is free to use any
idea, concept, know-how, feedback, or technique that you provide through this
Site for any purpose and without any compensation to you.
Since zyptag is constantly developing new products and improvements to existing
products, what might be a new idea to you may have already been conceived by
our own development team or another party. zyptag might not consider or
evaluate any idea regarding a new product or an improvement to an existing
product unless zyptag has received an original, signed submission agreement
from you. Thus, if you wish to submit an idea regarding a new product or
an improvement to an existing product, please request a submission agreement by
writing to zyptag (email address: hello@zyptag.com), and return an original, signed submission agreement to the Contact
page on the Site.
You agree to hold zyptag harmless from any damages suffered or claims asserted
by a third party as a result of any information you submit through this Site.
You may be held legally responsible for damages suffered by zyptag or third
parties as a result of legally actionable content that you submit through this
Site. zyptag is not legally responsible for any comments, information, or other
content posted or made available on this Site by you or a third party, even if
such information is defamatory or otherwise legally actionable.
12. Links to External Sites. zyptag may provide links on this Site
to other independent websites on the Internet that are owned and operated by
third parties not under the control of zyptag, such as distributors or
third-party shipping services. These links are not intended as an endorsement
by zyptag of the entity or individual operating the website or a warranty of
any type regarding the website or the information on the website. By using this
Site, you acknowledge that zyptag is not liable or responsible for any damage
or loss caused, or alleged to be caused, by or in connection with use of or
reliance on any such content, goods or services available on or through any
such site or resource.
13. Dealings with Third Parties. Your correspondence or business
dealings with third parties, such as distributors or third-party shipping
services, found on or through this Site, including payment and delivery of
related goods or services, and any other terms, conditions, warranties, or
representations associated with such dealings, are solely between you and that
third party. You agree that zyptag is not responsible or liable for any loss or
damage incurred as the result of any such dealings or as the result of the
presence of such third party on this Site.
14. No Warranty; Disclaimers. THE SITE IS PROVIDED “AS IS,” AND zyptag
EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED
OR STATUTORY), INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, zyptag DOES NOT PROMISE OR WARRANT TO YOU THAT
ANY ASPECT OF THE SITE WILL WORK PROPERLY, OPERATE ERROR-FREE, OR BE AVAILABLE
CONTINUOUSLY. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM zyptag OR THROUGH OR FROM THIS
SITE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. Some states do
not allow the disclaimer of implied warranties, so the foregoing disclaimer may
not apply to you. This warranty gives you specific legal rights, and you may
also have other legal rights, which vary from state to state.
15. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE
THAT zyptag AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS, AND LICENSORS (A) ARE NOT LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER
INTANGIBLE LOSSES (EVEN IF zyptag HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), HOWEVER ARISING (INCLUDING NEGLIGENCE), AND (B) WILL IN NO EVENT BE
LIABLE TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SITE OR THESE TERMS
IN AN AMOUNT GREATER THAN U.S. $50.00. Some jurisdictions do not allow the
foregoing limitations of liability, so they may not apply to you.
16. Indemnity. You agree to indemnify, defend and hold zyptag, and
its subsidiaries, affiliates, officers, agents, co-branded partners or other
partners, and employees, harmless from any claims, damages, expenses (including
reasonable attorneys’ fees), allegations, losses and liabilities arising from
or related to (a) your violation of these Terms, (b) your use of this Site, (c)
information that you submit or transmit through this Site, (d) your access to
or use of linked sites, and (e) any dealings between you and any third parties
referenced on this Site.
17. Void where Prohibited. zyptag controls, operates, and
administers this Site from its offices in Milwaukee, Wisconsin. Although this
Site is accessible worldwide, not all features, products or services offered
through or on this Site are available to all persons or in all geographic
locations, or are appropriate or available for use outside the United States. zyptag
reserves the right to limit the provision and quantity of any feature, product
or service to any person or geographic area. Any offer for any feature, product
or service made on this Site is void where prohibited. If you choose to access
this Site from outside the United States, you do so on your own initiative, and
you are responsible for complying with applicable local laws.
18. Choice of Law; Dispute Resolution. All matters relating to your
access to and use of this Site, including purchases made on this Site, are
governed in all respects by the laws of the State of Wisconsin as such laws are
applied to agreements entered into and to be performed entirely within
Wisconsin between Wisconsin residents. You agree that any action at law or in
equity arising out of or relating to these Terms or arising out of your use of
this Site will be resolved individually through binding arbitration in
Milwaukee County, Wisconsin using the then-current rules of the American
Arbitration Association, and the resulting decisions may be entered in any
court with proper jurisdiction. This means that if you have a grievance with
us, you cannot take us to court, and you may not join your action with any
other party. You can address such grievances through arbitration only, and you
are hereby consenting to do it in Milwaukee County, Wisconsin using Wisconsin
laws (without regard to Wisconsin rules on conflict of laws). To the fullest
extent allowed by law, any such controversy or claim must be arbitrated on an
individual basis, and will not be consolidated in any arbitration with any
claim or controversy of any other party. Notwithstanding the foregoing, either
party may seek any interim or preliminary relief from a court of competent
jurisdiction in Milwaukee County, Wisconsin as necessary to protect the party’s
rights or property pending the completion of arbitration. By using this Site,
you consent and submit to the exclusive jurisdiction and venue of the state and
federal courts located in Milwaukee County, Wisconsin.
19. General. If any portion of these Terms is deemed unenforceable,
that portion will be enforced to the maximum extent possible so as to effect
the parties’ intent as reflected by that provision, and the remaining portions
of these Terms will be given full effect. zyptag’s failure to act in a
particular circumstance, including any failure by zyptag to enforce or exercise
any provision of these Terms, does not waive the ability to act with respect to
that circumstance or similar circumstances in the future. zyptag will be
excused for any failure to perform to the extent that its performance is
prevented by any reason outside of its reasonable control. No agency,
partnership, joint venture, employment or franchise relationship is intended or
created by these Terms. zyptag may assign its rights and obligations under
these Terms to an entity that acquires all or substantially all of the assets
of zyptag or to any subsidiary or successor in a merger or acquisition
involving zyptag. These Terms, in addition to any other written agreement
between you and zyptag, constitute the entire agreement between zyptag and you
with respect to your access to or use of this Site, superseding any prior
versions of these Terms. If an express conflict exists between these terms and
a written agreement between you and zyptag, such written agreement supersedes
these Terms.
20. Changes to These Terms. zyptag may modify, add, or delete
portions of these Terms without prior notice. Although zyptag will post a
notice of any material change to the Terms on this Site for 30 days, you are
responsible for checking the Site periodically for changes to these Terms. By
continuing to use this Site after zyptag posts any changes, you agree to be
bound by these Terms, as modified. Your access and use of this Site is subject
to the most current version of these Terms, which were last updated on March 16,
2020.