Terms & Conditions

Last revised: August 31st, 2011


Thank you for visiting www.zarbees.com (the "Website"), which is owned and provided by Zarbee's, Inc., a Delaware corporation (the "Company"). Your use and access of the Website is governed by and subject to the following terms and conditions. If you do not agree to these terms, or if you do not agree with our Privacy Policy, which is available at www.zarbees.com/privacy-policy.html, please do not use the Website or any services offered by the Website. BY ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS OF USE.

PERSONAL INFORMATION
In order to use the Website to submit comments, receive coupons, upload photos and other information, and make recommendations, you will need to provide to us certain personally identifiable information ("Personal Information").

PROTECTING YOUR CHILDREN'S PRIVACY
The Website is not designed for or directed to children under the age of 14 and we ask that children under the age of 14 not submit any Personal Information.

INTELLECTUAL PROPERTY OWNERSHIP
Unless otherwise noted, all text, content and documents on the Website, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website (the "Content") are owned by the Company and its affiliates or used with permission or under license from a third party (hereinafter collectively referred to as the "Owner") and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between the Company and you, all right, title and interest in and to the Content will at all times remain with the Company and/or its Owners. The word "Zarbee's," the Company's logo, and other marks, logos and titles are registered and/or common law trade names, trademarks or service marks of the Company. With respect to any logos or marks of any persons, entities and/or companies commented upon or submitted by users of the Company, such use is at the sole responsibility such users stored upon the Company's servers and/or system solely at the direction of such user, and subject to the protections afforded to the Company as an online service provider under Section 512(c) and/or 512(d) of the Digital Millennium Copyright act of 1998 (the "DMCA"). Please see the Digital Millennium Copyright Act section below for more details on the Company's policies and procedures regarding any issues in relation thereto.

LIMITED USE; RESTRICTIONS ON USE
The use or misuse of any Content, except as provided in the Terms of Use or in the Content, is strictly prohibited. The Company grants you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use the Content, without right to sublicense, under the following conditions: (a) you shall not, without the Company's express written consent, distribute text or graphics to others, (b) you shall not, without the Company's express written consent, copy and retransmit, disseminate, broadcast, circulate, or otherwise distribute the Content on any other server, or modify or re-use all or part of the Content on this system or any other system, (c) you shall not use any tradename, trademark, or brand name of the Company in metatags, keywords and/or hidden text, (d) you shall not, without the Company's express written consent, copy, distribute, modify, transmit, perform, reuse, re-post, or otherwise display the Content, in whole or in part, for public or commercial purposes and shall not modify, translate, alter or create any derivative works thereof, (e) you shall not create derivative works from the Content or commercially exploit the Content, in whole or in part, in any way, (f) you shall not use the Website, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to the Company, the Owner, or any third party referenced therein, and (g) you shall use the Content, and/or any services and products on the Website or accessible via the Website for lawful purposes only. We reserve all other rights. You do not acquire ownership rights to any Content viewed or accessed, and the Company's posting of the Content on the Website does not constitute a waiver of any right in such Content. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content. Except as expressly provided herein, nothing on the Website shall be construed as conferring anylicnse under the Company's and/or its Owner's intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, the Company may revoke any of the foregoing rights and/or your access to the Website, or any part thereof, including the blocking of your IP Address, at any time without prior notice.

LINKS
The Website may contain links allowing you to leave the Website for other sites that are not under our control ("Linked Site"). The Company provides the linked sites to you only as a convenience and does not endorse any Linked Sites. The Company is not responsible for the contents or transmission of any Linked Site or any link contained in a Linked Site or for ensuring that the Linked Sites contain no errors or viruses. The Company is not responsible for the terms of use or privacy practices of the Linked Sites or any link contained in the Linked Sites. Your linking to any Linked Site or any other off-site page or other site is entirely at your own risk. The Company encourages you to carefully read the policies of each site you visit.

SUBMITTED IDEAS
While the Company appreciates your interest in the Company and the Website, the Company does not want and cannot accept any ideas or information you consider confidential and/or proprietary. Except with respect to your Personal Information, all comments, suggestions, ideas, notes, drawings, concepts, or other information disclosed or offered to us by you through the Website or in response to solicitations on the Website shall be deemed to be non-confidential and non-proprietary and shall be the exclusive property of the Company. Further, you understand and acknowledge that the Company employs both internal and external resources which may have developed or may in the future develop ideas identical to or similar to your suggestions or comments to suggestions and that the Company is only willing to consider the suggestion on these terms. In any event, you acknowledge and agree that the Company assumes no obligation of confidentiality or nondisclosure, express or implied by considering your suggestion or idea. Without limitation, the Company shall exclusively own, and you hereby irrevocably transfer and assign to the Company, all now known or hereafter existing rights in and to the suggestion, and the Company shall be entitled to unrestricted use of the suggestion for any purpose whatsoever, commercial or otherwise without any form of compensation.

COMPANY ONLINE PRIVACY POLICY
The Company takes your privacy very seriously. The Company's online Privacy Policy (www.zarbees.com/privacy-policy.html) is incorporated herein by reference and describes the collection, use, and sharing of Personal Information and other indirect and/or aggregate information as a result of your use of, and interaction with, the Website that may be provided in connection with the use of the Website. Please read and understand our Privacy Policy before accessing or using the Website.

DIGITAL MILLENNIUM COPYRIGHT ACT
The Company is committed to respecting and protecting the legal rights of copyright owners. As such, the Company adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a "DMCA Takedown Notice"). To be valid, a DMCA Takedown Notice must (i) be provided to the Company's designated agent, ("Copyright Agent"), as set forth below, and (ii) include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
  • Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.


The Company acts the Copyright Agent to receive DMCA Takedown Notices and may be contacted at email: copyright@zarbees.com. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Website. You acknowledge that in order for the Company to be authorized to takedown any Content, your DMCA Takedown Notice must comply with all of the requirements of this Section.

COMMUNITY GUIDELINES
The Website may include bulletin boards, blogs, chat rooms, comments sections, and other community forums which allow you to post information, provide feedback and comments, and otherwise interact with other users, either through postings or by interacting in real-time. In connection with such services, you agree to abide by any rules that the Company publishes in connection therewith, including but not limited to, the prohibition on use of the Website for any unlawful purpose. Although the Company may from time to time review discussions, chats, comments, transmissions, bulletin boards, blogs, chat rooms, and other community forums available via the Website (the "Community Forums"), you acknowledge the Company is under no obligation to monitor or control, and shall have no liability for, any information available the Community Forums. You acknowledge that any opinions, statement, recommendation, offers, advice or other information presented or disseminated on the Community Forums are those of their respective authors who are solely responsible and liable for their content. The Company reserves the right, in its sole discretion, to refuse to post or remove any material submitted or posted on the Community Forums.

UNITED STATES ONLY
By using the Website, you agree and acknowledge that the Website is hosted in the United States. If you are attempting to access the Website from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of this Website, which is governed by U.S. law, this Terms of Use, and the Company Privacy Policy, you are transferring your personal information to the United States and you consent to (i) such transfer, (ii) the application of the laws of the United States and/or the State of Utah with respect to any dispute arising from or related to the Privacy Policy and/or your use of the Website, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Utah, and (iii) the exclusive jurisdiction of the courts of the United States and the State of Utah. Any claim or dispute between you and the Company that arises in whole or in part from your use of the Website or in connection with the Privacy Policy shall be decided exclusively by a court of competent jurisdiction located in Salt Lake City, Utah, U.S.A. Each party hereby agrees that such court shall have in personam jurisdiction and venue with respect to such party, and each party hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum.

DISCLAIMERS
WITHOUT LIMITING THE FOREGOING, THE CONTENT AND ALL OTHER FEATURES ON THE WEBSITE ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND WITH RESPECT TO THE WEBSITE AND/OR CONTENT, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN COMPANY HEREBY GRANTS THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY, ITS EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. ADDITIONALLY, COMPANY DOES NOT MAKE ANY WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR THAT THE WEBSITE, CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. COMPANY RESERVES THE RIGHT TO CHANGE ANY PART OF THE WEBSITE AT ANYTIME WITHOUT NOTICE.

LIMITATION OF LIABILITY
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. NEITHER COMPANY, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY CONTENT OR OTHER INFORMATION AVAILABLE ON THE WEBSITE, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE WEBSITE OR ITS TERMS OF USE OR PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE WEBSITE AND ITS SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST COMPANY AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COMPANY AND ITS AFFILIATES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.) THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.

CHOICE OF LAW AND ENFORCEMENT
Your access to the Website as well as the terms and conditions and the agreement they create are governed and interpreted by the laws of the State of Utah, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the State of Utah.

NO FRAMING; LINKS; THIRD PARTY SITES
Framing, in-line linking or other methods of association with the Website are expressly prohibited without prior written approval from the Company.

ABILITY TO ACCEPT TERMS OF USE
You affirm that you are more than 14 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use.

ASSIGNMENT
The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.

NOTICE
From time to time, the Company may revise the Terms of Use. To help you stay current of any changes, the Company notes the date the Terms of Use was last updated at the beginning of the Terms of Use. Your use of the website following the posting of any revised Terms of Use shall be deemed acceptance of the revised policy. The Company strongly recommends checking Terms of Use periodically. If, and only if, the Company makes revisions to the Terms of Use that result in a material lessening of the restrictions on the Company's use or disclosure of your Personal Information, the Company will make a commercially reasonable attempt to obtain your consent before implementing such revisions with respect to such Personal Information. If you disagree with the provisions of the Terms of Use at any time, your sole remedy is to terminate your use of the Website and inform us of such termination as described in the Terms of Use. Continued use of the Website constitutes your agreement to the Terms of Use as in effect.

MISCELLANEOUS
The Company's failure to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.