Terms and Conditions of Use for ZipSetGo.com
1. Introduction.
READ CAREFULLY. This Terms of Use Agreement ("Terms of Use") applies to use of the ZipSetGo.com website located at www.zipsetgo.com (the "Site"). The Site is the property of Excellence In Motivation, Inc. Before you make any purchases, you must first establish a customer account ("My Account"). BY CLICKING "I HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF USE," YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT CLICK ON THE BUTTON AND DO NOT USE THE SITE.
ZipSetGo.com reserves the right, at its sole discretion, to change, add or remove portions of this Terms of Use, at any time. It is your responsibility to check this Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of this Terms of Use, which shall apply until we post a modified Terms of Use and then in accordance with such modified Terms of Use. As long as you comply with this Terms of Use and any such modifications, ZipSetGo.com grants you ("End User") a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.
1.1 Registration; Customer Accounts; Use of Site.
Certain Sites offered on or through the Site require you to first open a My Account. You are responsible for maintaining the confidentiality of your My Account information, including your password and for all activity that occurs under your account. You agree to notify ZipSetGo.com immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by ZipSetGo.com or any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer My Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your My Account information by clicking on the My Account button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.
You also agree that ZipSetGo.com may, in its sole discretion and without prior notice to you, terminate your access to the Site and your My Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any Content, (3) discontinuance or material modification of the Site or any Site offered on or through the Site, (4) violations of this Terms of Use, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that ZipSetGo.com will not be liable to you or to any third party for termination of your access to the Site.
This Agreement is the entire agreement relating to its subject matter between you and ZipSetGo.com, and it supersedes any prior proposal, representation or understanding between the parties, unless expressed in a formal contract, which will be interpreted in a manner consistent with this Agreement.
2. Grant of License.
ZipSetGo.com grants you, as an End User, the right, with a standard web browsing program not supplied by ZipSetGo.com ("Browser") to use the Site and the information, software, photographs, audio and video clips, graphics and other material contained on the Site (collectively, the "Content") solely for your own individual (non-commercial) use on one personal computer or other device capable of displaying the content. You may not share your access nor distribute any content from the Site to others without the prior written permission of ZipSetGo.com.
3. Use of Site Content.
3.1 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content, in whole or in part, except as expressly permitted in this Agreement. Content consisting of or containing downloadable software may not be reverse engineered unless specifically authorized by its proprietor.
3.2 You may download or copy the content only for your own individual use, and further provided that you maintain all copyright and other notices contained in such content. You shall not store electronically any portion of any Content, except as may be temporarily stored by your browser in its ordinary operation. Except as may be expressly permitted by U.S. copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express prior written permission of the owners of such content.
3.3 You grant to ZipSetGo.com the right to edit, copy, publish, distribute, translate and otherwise use any Content that you place on the Site, in any medium. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.
4. Site Rules of Conduct.
If a discussion forum is made available by the Site, you may use the forum feature of the Site for lawful purposes only. You may not upload to, or distribute or otherwise publish through the Site, any material which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, or otherwise objectionable to ZipSetGo.com in its sole and absolute discretion, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as by infringing any copyright, trademark, patent or trade secret or violating any right of privacy or publicity or (d) otherwise violates any applicable law. You may not use the Site for any commercial purpose, including advertising or solicitation of funds or goods and Sites. In addition, you may not use the Site to solicit End Users for any purpose.
5. Managing Content.
ZipSetGo.com does not and cannot review material submitted to the Site by End Users ("End Users' Content") and is not responsible for such End Users' Content. However, ZipSetGo.com reserves the right to cancel your access to these areas and/or delete, move, modify or edit any End Users' Content, including messages posted in any forum, document or image posted or submitted for posting that it may determine, in its sole discretion, violates this Agreement. You are and shall remain solely responsible for all End Users' Content posted or submitted by you or by any other person using your account.
6. No Endorsement.
6.1 ZipSetGo.com does not represent or endorse the accuracy or reliability of any End Users' Content displayed, uploaded, posted on any message board or otherwise distributed through the Site. ZipSetGo.com expressly disclaims any liability related to End Users' Content, and you acknowledge that any reliance by you upon such End User Content shall be at your sole risk.
6.2 The Site may contain links to sites on the Internet that are owned and operated by third parties (the "External Sites"). You acknowledge that ZipSetGo.com is not responsible for the availability of or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or External Sites.
7. Conditions of Sale and Payment Terms.
To purchase any goods and/or Sites on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person, and (c) be a resident in the 50 states of the United States of America, exclusive of its commonwealths, territories and possessions ("United States"). Prior to the purchase of any goods or Sites on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final. All charges from those sales are nonrefundable.
8. Methods of Payment, Credit Card Terms and Taxes.
All payments must be made by VISA, MasterCard, American Express, Discover Network credit cards (each of which may be removed by ZipSetGo.com in its sole discretion). Unless expressly set forth on the ZipSetGo.com site, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT ZIPSETGO.COM, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify ZipSetGo.com of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If ZipSetGo.com does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by ZipSetGo.com or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. ZipSetGo.com shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California, Florida, Illinois, Indiana, Minnesota, North Carolina, New Jersey, New York, Ohio and Texas and any other states or localities that it deems is required.
9. Order Acceptance Policy.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. ZipSetGo.com reserves the right at any time after receipt of your order to accept or decline your order for any reason. ZipSetGo.com further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by ZipSetGo.com upon shipment of products or performance of services that you have ordered or upon the completion of the license and delivery of a Digital Download, as indicated by our servers. Title to goods and all risk of loss passes to you upon delivery to the common carrier. All orders placed over $1000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our catalog order department. We may require additional verifications or information before accepting any order. ZipSetGo.com is a reseller to end users and does not accept orders from resellers, exporters, wholesalers, any businesses of any kind or other customers who intend to resell.
8. No Responsibility To Sell Mispriced Products Or Sites.
ZipSetGo.com shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund or containing any other incorrect information or typographical errors. ZipSetGo.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, ZipSetGo.com shall immediately issue a credit to your credit card account in the amount of the charge.
9. Modifications to Prices or Billing Terms.
ZIPSETGO.COM RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY EMAIL DELIVERY TO YOU.
10. Price Comparisons, "List Price" and "You Save."
Price comparisons may be made throughout the site to indicate the relative savings amounts of our pricing. "LIST PRICE" is the suggested retail price provided to us by our suppliers. We make no representation that a substantial number of these products have been sold or offered for sale at the list price. Actual retail prices in your area may be substantially different. Because we sell our merchandise over the Internet on a national basis, it is not possible to know if our merchandise is sold at list price in any particular location or at any particular time. "YOU SAVE" reflects the difference between our price and the supplier provided list price shown on our site. Because the list price may be different than the actual retail prices in your area, you may not actually realize a savings of this amount and may want to make an exact comparison for yourself by checking the prices of other internet or local retailers prior to making a purchase.
11. Site and Support for Goods Sold.
All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and
12. Disclaimer of Warranties.
THE SITE, PRODUCTS, SERVICESS, CONTENT, DIGITAL DOWNLOADS, SOFTWARE, ARTWORK, DATA AND INFORMATION ARE PROVIDED "AS IS." ALL OF ZIPSETGO.COM'S PHYSICAL PRODUCTS ARE GUARANTEED AGAINST MATERIAL DEFECTS FOR FOURTEEN (14) DAYS FROM THE DATE OF INVOICE. EXCEPT AS EXPRESSLY STATED HEREIN, ZIPSETGO.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE ZIPSETGO.COM SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.
12.1 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF ZipSetGo.com, EXCELLENCE IN MOTIVATION, INC. AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
13. Subscriber Information Privacy.
Your participation in the Site is subject to our Privacy Policy.
14. Site and System Availability.
ZipSetGo.com uses reasonable efforts to maximize system availability. ZipSetGo.com shall make a reasonable effort to correct any technical difficulties which may arise with the Site, however, ZipSetGo.com is not responsible for any Site down time. ZipSetGo.com is not responsible for any technical difficulties resulting from the World Wide Web, Internet access, computer hardware or software.
15. Indemnity.
You hereby agree to indemnify, defend and hold ZipSetGo.com, Excellence In Motivation, Inc. and all of its officers, directors, employees, owners, agents, information providers, affiliates and licensors (collectively, "Representatives") harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by ZipSetGo.com or any representative in connection with any claim arising out of any use or alleged use of your account or password by any person, whether or not authorized by you. ZipSetGo.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with ZipSetGo.com's defense of such claim.
16. Policy to Terminate Privileges for Copyright Infringement.
Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), ZipSetGo.com will terminate the account of any customer, or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to the ZipSetGo.com and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, ZipSetGo.com will terminate the infringing customer's account. ZipSetGo.com may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has good belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. § 512(c), ZipSetGo.com has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. ZipSetGo.com respects the intellectual property of others and we ask other to do the same. If you believe that your copyright has been infringed through the ZipSetGo.com website, please contact "Legal Department," via facsimile at (937) 910-8631 or mail at:
Attn: Legal Department, Excellence In Motivation, Inc.
6 N. Main Street, Suite 370
Dayton, OH 45402
Any written notice describing the infringing activity must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;
- A description of the allegedly infringing work or material;
- A description of where the allegedly infringing material is located on the site;
- Information reasonably sufficient to allow us to contact you, such as your address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent or the law; and
- A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
17. Additional Terms.
The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Site:
Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Site. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.
18. Third Party Rights.
The provisions of paragraphs above are for the benefit of ZipSetGo.com, Excellence In Motivation, Inc. and its respective employees, agents and contractors. Each such party will have the right to enforce such provisions directly on its own behalf.
19. Miscellaneous.
This Agreement shall be construed in accordance with the laws of the State of Ohio, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Montgomery County, Ohio. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. This Agreement may not be amended except in writing signed by both parties and no waiver by either party shall be deemed a waiver of any preceding or subsequent breach or default.
