PLEASE READ THESE WEBSITE TERMS AND CONDITIONS OF USE VERY CAREFULLY. If you access or use the Zoobys.com website ("Website"), you agree to be bound by these Terms and Conditions of Use (collectively, the "Terms") each time you access or use this Website. The Website is designed to provide online information to our users ("You" or "you") for products and services provided by Zooby’s LLC ("Zooby’s"). The use of this Website and the products and services offered on this Website are governed by these Terms. Zooby’s reserves the right to modify or otherwise change these Terms at any time without notice to you. Therefore, we recommend that you carefully review these Terms each time you access or use this Website. By accessing or using the Website, you agree to be legally bound by these Terms just as if you had signed these Terms. If you access or use the Website after Zooby’s posts a change to these Terms, you agree to be bound by such change which is effective upon posting. If you do not intend to accept the change, you must immediately terminate access or use of the Website. This Website is available only for your personal, non-commercial use. You agree and continue to agree to use this Website in a manner consistent with the applicable laws and regulations and in accordance with these Terms.
1. Ownership of Information and Intellectual Property Contained on Website. "Content" means any and all images, instructions, content, program code, text, articles, photographs, video clips, illustrations, images, audio, music, graphics, sounds, and other components or information found on or in the Website. The Content is the property of Zooby’s or the party credited as the provider of the Content. The Content is protected by copyright (whether the work is published or unpublished or a collective work), patent (whether or not reduced to practice), trademark, trade secret or other proprietary rights. These rights are valid and protected in all formats and on all forms of media and technologies existing now or hereinafter developed. All Content is protected by U.S. and international copyright laws and treaties. The sole authorized use of the Website is to obtain information about Zooby’s and its products ("Products”). The Products are also protected as a collective work or compilation under U.S. copyright and other laws and treaties. You will not, nor will you enable anyone else, to copy, reproduce, modify, publish, download, upload, frame, post, transmit, store, distribute, modify, alter or use any Content in any way without Zooby’s prior written consent. You shall abide by all additional copyright notices and/or restrictions contained in any Content accessed through the Website. Zooby’s does not grant any express or implied right or license to you regarding any patents, copyrights, trademarks, or trade secret information or the right to use any Content. Zooby’s marks, custom graphics "look and feel" and button icons are service marks, trademarks, and/or trade dress of Zooby’s. You will not use any "meta tags" or any other "hidden text" utilizing Zooby’s name or trademarks without the express prior written consent of Zooby’s. You may not use any Zooby’s logo or other proprietary graphic or trademark as part of any link without Zooby’s prior written consent. You do not and will not acquire any ownership rights in any Content on the Website. Other trademarks appearing on the site are the property of their respective owners. Improper copying, use or conduct may constitute an offense that is subject to civil and/or criminal penalties relative to the intellectual property rights set forth herein.
2. Restrictions on Use. You will not engage in any conduct that, in Zooby’s sole discretion, restricts or inhibits any other person from using, accessing or enjoying the Website. You may not copy, modify, distribute, disassemble, decompile, download, display, broadcast, transfer, post, store, create derivative works or transmit the Website or any of its Content whether or not copyrightable, trademarks, or other proprietary information in any form unless you have obtained Zooby’s prior written consent. The information contained on this Website may not be used to construct a database of any kind. You will not access or use the Website for any unlawful purpose. You will not post or transmit any unlawful, harmful, false, misleading, threatening, abusive, harassing, defamatory, vulgar, obscene, racially offensive, ethnically offensive content, or any material of any kind that Zooby’s considers objectionable or violates the rights of others.
You will use the Website for its intended purpose only and in a manner consistent with any and all applicable local, state, national and international laws and regulations. You will not engage in activities that may impair the integrity of the Website. The following activities are also expressly prohibited and you will not engage in any such activities: using the Website for any non-personal or commercial use; using any "robot", "spider", "easter eggs", cheats, levels or other automatic device, or manual process to monitor or copy the Website or any of its content; "mirroring" or "framing" the Website or any content on any other server; collecting or using of products provided through this Website for the benefit of any supplier of competitive or comparable products; or any action that imposes an unreasonable or disproportionate burden on the Website or otherwise interferes with its function or value. You agree to notify Zooby’s in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark or other contractual, statutory or common law rights.
3. Communication of Unsolicited Ideas. Zooby’s is not seeking any unsolicited ideas, suggestions or materials relating to the development, design, or marketing of its Content. However, you may submit messages, data, comments and provide other information (collectively, "Messages") so long as they are not obscene, illegal, threatening, or defamatory and so long as such submission and the content thereof do not invade the privacy, infringe the intellectual property of or otherwise violate the rights of or injure Zooby’s or any third party, or contain a software virus or other illicit code, mass mailing, chain letter, or any form of "spam." You will not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the information. Any Messages submitted by you to Zooby’s through this Website shall be and remain the sole and exclusive property of Zooby’s and may be used by Zooby’s for any purpose whatsoever, commercial or otherwise, without compensation. You represent and warrant to Zooby’s, and accept responsibility for, the accuracy, appropriateness and legality of the Messages you submit, directly or indirectly. Your submission of such Messages shall constitute your representation and warranty that neither the submission nor any content thereof is in breach of these Terms. You hereby grant to Zooby’s all worldwide, perpetual, irrevocable, paid-up license in and to all copyrights and other intellectual property rights in the Messages. Zooby’s is entitled to use, copy modify, disclose, distribute and make derivative use of any of the Messages for any purpose without restriction, and without recognition or compensation to you.
Messages delivered by or from you to this Website (whether via posting, texting, electronic mail, or otherwise, directly or indirectly) shall not be considered by you to be confidential. Zooby’s shall not be responsible to keep such information confidential, and Zooby’s shall not be liable for any use or disclosure thereof.
4. Information Accuracy and Updates. The information published on this Website by Zooby’s may include technical inaccuracies or typographical errors. Zooby’s may add, delete or change Content or any information relating to any products or services without notice to you. Zooby’s and/or its respective suppliers may discontinue, make improvements to and/or changes in the product(s) or services described herein at any time. Zooby’s has no duty to update this Website or any Content, and Zooby’s shall not be liable for any failure to update any such information. Zooby’s shall not be liable for any errors or omissions on this Website. Zooby’s does not warrant the accuracy or completeness of any Content offered through this Website. Zooby’s makes no representation that this Website or any Content is appropriate or available for use in other locations and access to it from territories where Content is illegal or is prohibited is at your own risk. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective author(s) or distributor(s) and not of Zooby’s. In many instances, the Content available through the Website represents the opinions and judgments of the respective information provider or user. Zooby’s neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website by anyone other than authorized Zooby’s spokespersons acting in that capacity.
5. Links. You are prohibited from linking other sites with this Website, other than to the Website’s home page, without Zooby’s prior written permission or to link to the Zooby’s homepage in a manner that is misleading or deceptive. For the convenience of users of this Website, Zooby’s may permit one or more links to other Internet websites from time to time. The Internet websites to which links are provided in this Website are not under the control of Zooby’s. Therefore, Zooby’s assumes no responsibility for the contents of any linked Internet website or for any potential damage arising out of or in connection with the use of any such link.
6. No Endorsements. Information contained in this Website is general information, is not an endorsement by Zooby’s, and may not be applicable to your specific uses or circumstances. Information on this Website should not be relied upon in any specific application, and Zooby’s disclaims any liability for any such reliance. In addition, the existence of a link between this Website and any other Internet website is not and shall not be understood to be an endorsement by Zooby’s of the owner of the linked Internet website, nor an endorsement of Zooby’s by the owner of such linked website.
7. Incorporation of Privacy Policy. Because Zooby’s respects your right to privacy, Zooby’s has developed a Website Privacy Policy to inform you about Zooby’s privacy which is incorporated herein by reference.
8. Your Representations and Warranties. You represent, warrant and covenant that: (a) you have the power and authority to enter into this agreement; (b) you are at least eighteen (18) years old; (c) you shall not use any rights granted hereunder for any unlawful purpose; and (d) you shall use the Products only as set forth in the Terms.
9. Warranty Disclaimer and Limitation of Liability.
THIS WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY. ZOOBY’S DOES NOT PROVIDE ANY WARRANTY OR OTHER ASSURANCE AS TO THE OPERATION, QUALITY OR FUNCTIONALITY OF THE WEBSITE OR ITS SUPPLIERS’ SITES RELATING THE QUALITY OF PRODUCTS AND SERVICES OFFERED. ZOOBY’S ALSO DOES NOT GIVE ANY WARRANTY OR OTHER ASSURANCE AS TO THE CONTENT OF THE MATERIAL APPEARING ON THE WEBSITE, ITS ACCURACY, COMPLETENESS, TIMELINESS OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT ANYTHING CONTAINED THEREIN, IS PROVIDED ON AN "AS IS" BASIS. ZOOBY’S MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NONINFRINGEMENT, QUALITY, TITLE OR FITNESS FOR A PARTICULAR PURPOSE OR USE. ZOOBY’S DOES NOT WARRANT THAT THE WEBSITE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE SERVICE IS FREE OF ERRORS OR VIRUSES. YOU AGREE THAT ZOOBY’S SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING ANY LOST PROFITS OR EQUIPMENT FAILURES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ZOOBY’S IS ALSO NOT RESPONSIBLE FOR THE RELIABILITY OR CONTINUED AVAILABILITY OF THE TELEPHONE LINES AND EQUIPMENT YOU USE TO ACCESS THE WEBSITE. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. This section shall survive termination.
10. Indemnification. You agree to keep, save, protect, indemnify, and hold harmless Zooby’s, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Website from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, incurred or sustained by Zooby’s arising out of, relating to or resulting from any breach or default by you under these Terms or any other obligations owed by you to Zooby’s (including negligent or wrongful conduct). You agree to cooperate as fully as reasonably required in Zooby’s defense and/or settlement of any claim. Zooby’s reserves the right to assume that exclusive control over the defense and settlement of any matter subject to indemnification by you. This section shall survive termination.
11. Governing Law. These Terms shall be governed and construed in accordance with the laws of the United States and the State of Illinois, without giving effect to conflicts of law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Cook County in the State of Illinois with respect to any legal proceedings that may arise in connection with the Website, Services or from a dispute as to the interpretation or breach of the Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to your access to or use of the Website, Content or these Terms must be filed within one (1) year after such claim or cause of action arises. This section shall survive termination.
12. Headings. The section titles in the Terms are used for convenience only. They have no legal significance.
13. Severability. If any provision of the Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in force.
14. Notices. Unless otherwise provided in these Terms, all notices, requests, confirmations, waivers, and other communications required or desired to be given in connection with these Terms shall be effective: (a) if given to you by e-mail addressed to your e-mail address on record at Zooby’s, if any, or, (b) if given to Zooby’s, then by e-mail addressed to webmaster@Zoobys.com, with a copy in writing delivered by any means to Zooby’s LLC, Attention: Carrie Tatsu
15. For Use in the United States. This Website is controlled and operated by Zooby’s from its offices within the United States, currently located in Illinois. Zooby’s does not represent that the Website is appropriate or available for use elsewhere including access to the Website from locations where any of its Content is illegal or not authorized. If you access this Website from outside the United States, you do so at your own risk.
16. Arbitration. Any claim arising out of or relating to these Terms shall be settled by binding arbitration administered by the American Arbitration Association (“AAA”). The arbitration shall be heard by the AAA and determined by a single arbitrator with experience with information technology disputes. The arbitration proceedings shall take place in Chicago, Illinois and shall be conducted in English. Each party shall bear its own costs relating to such arbitration, the parties shall equally share the arbitrators’ fees, and the arbitration and all related proceedings and discovery shall take place pursuant to a protective order entered by the arbitrators that adequately protects the confidential nature of the parties’ proprietary and confidential information. Either party may, without waiving any remedy under the Terms, seek from any court of competent jurisdiction any interim or provisional relief that such party deems necessary to protect its confidential information and property rights pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the claim).
17. Entire Agreement. You may not assign your rights and duties under these Terms at any time. This is the entire agreement between the parties relating the subject matter herein and supersedes any prior understanding, agreements or representations whether written or oral. Zooby’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between Zooby’s and you nor any other party nor trade practice shall act to modify any provision of these Terms. If any provision of these Terms is held to be invalid, void or unenforceable by a court of competent jurisdiction, then such provision shall be deemed severed from these Terms and will not affect any other provision of these Terms, the balance of which shall remain and have their intended full force and effect. The headings and titles of the sections of the Terms are not a part of these Terms, but are for convenience only and are not intended to define, limit or construe the contents of any such sections.
