Ziebart Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE
Ziebart International Corporation and its affiliates (“Ziebart”) welcome you to www.ziebart.com. We ask that you read the following terms and conditions of use, which constitutes a license that covers your use of this website and any transactions that you engage in through this website ("Agreement"). By accessing, viewing, or using this website, you acknowledge that you have read, understand, and agree with these terms and conditions of use. If you do not wish to be bound by this Agreement, please do not use this website.
USE OF WEBSITE
This website is provided solely for the use of current and future customers and franchisees of Ziebart to provide you with information about our company, to permit you to place orders for our products and services, and to enable you to contact us with any questions or comments that you may have. Any other use of this website is prohibited. By way of example, you should not use any features of this website that permit communications or postings to post, transmit, display, or otherwise communicate:
1) Any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
2) Any advertisement, solicitation, spam, chain letter, or other similar type of information;
3) Any encouragement of illegal activity;
4) Unauthorized use or disclosure of private, personally identifiable information of others; or
5) Any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
WEBSITE CONTENTS AND OWNERSHIP
The information contained on this website, including all images, designs, photographs, writings, graphs, data, and other materials ("Materials") are the property of Ziebart and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Permission is granted to display, copy, distribute, download, and print portions of this website solely for the purposes of using this website for the authorized uses described above. You must retain all copyright and other proprietary notices on all copies of the Materials. You must comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the Materials. Except as provided in this Agreement, Ziebart does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
DISCLAIMER OF WARRANTY
You agree that use of this website is at your sole risk. Neither Ziebart, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, "Providers"), or the like, warrant that this website will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this website, or as to the accuracy, completeness, reliability, security, or currency of the Materials. The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, Ziebart does not warrant reliability of any statement or other information displayed or distributed through the website. Ziebart reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the website. Ziebart may make any other changes to this website, the Materials and the products, programs, services, or prices (if any) described in this website at any time without notice.
THIS WEBSITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS WEBSITE ARE PROVIDED ON AN "AS IS," "WHERE IS," AND "WHERE AVAILABLE" BASIS. ZIEBART MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ZIEBART EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS WEBSITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS WEBSITE OR YOUR USE OF THIS WEBSITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
LIMITATION OF LIABILITIES
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU AGREE THAT ZIEBART AND ITS PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS WEBSITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT WILL ZIEBART OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS WEBSITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS WEBSITE, YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER ZIEBART OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless Ziebart, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the website, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of this website must be commenced within one (1) year after the claim or cause of action arises.
TERM AND TERMINATION
Without limiting its other remedies, Ziebart may immediately discontinue, suspend, terminate, or block your and any user's access to this website at any time in our sole discretion.
As a convenience to you, we may provide on this website links to websites operated by other entities (collectively the "Linked Sites"). If you use any Linked Sites, you will leave this website. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by Ziebart. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by Ziebart. Ziebart does not endorse, make any representations regarding or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by Ziebart. Links do not imply that Ziebart or this website sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Ziebart or any of its affiliates or subsidiaries. Except for links to information authored by Ziebart, Ziebart is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any website(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on a Linked Site, you do so at your own risk. Ziebart reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the Web masters of any Linked Sites concerning any information, goods, and/or services appearing on the Linked Site.
CONTROLLING LAW, JURISDICTION AND INTERNATIONAL USERS
This Agreement is governed by and will be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflicts of laws provisions. Ziebart makes no representation that the materials are appropriate or available for use outside the United States. If you access this website from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this website. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Oakland County, Michigan for any disputes with Ziebart arising out of your use of this website.
This Agreement constitutes the entire agreement between Ziebart and you with respect to this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Ziebart with respect to this website. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of this Agreement to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement will continue in full force and effect. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default.
MODIFICATIONS TO AGREEMENT
We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to this website. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. Ziebart does not and will not assume any obligation to notify you of changes to this Agreement.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from Ziebart solely through electronic transmission. You agree that when in the future you click on an "I agree," "I consent," or other similarly worded "button" or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.