A. Terms of Use
Welcome to the Zoo-phonics®, Inc. website. Please review the following that govern your use of our website (“Terms of Use”). Your continued use of our website constitutes your agreement to follow and be bound by the Terms of Use.
B. Definitions
zoo-phonics.com is the interactive online service operated by Zoo-phonics®, Inc. on the World Wide Web of the Internet.
Our postal address is:
Zoo-phonics®, Inc.
995 Morning Star Dr, Ste B
Sonora, CA 95370
We can be reached via e-mail at [email protected].
C. General
As we continue to develop our website, we may from time to time, modify, alter or update these Terms of Use. Your use of our website following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. We therefore encourage you to refer to these Terms of Use on an on-going basis.
D. Website Contents
Unless otherwise noted, the website as a whole, and all materials, including images, illustrations, and designs, that are part of the website (collectively, “contents”) are copyrights, trademarks, and/or other intellectual properties owned, controlled, or licensed by Zoo-phonics®, Inc.. The contents of our website are intended solely for personal, noncommercial use by the users of our website. You may download or copy the Contents displayed on our website for your personal, noncommercial use only so long as your copy retains any copyright and trademark notices appearing on our website. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the contents or the website.
E. Colors
We have made every effort to display as accurately as possible the colors of our products that appear at the website. However, since the actual color you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
F. Comments, Feedback and Other Submissions
We welcome your comments and feedback regarding our website, our products, and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions disclosed, submitted or offered to Zoo-phonics®, Inc. using this website are not confidential and will become and remain Zoo-phonics®, Inc.’s property. The disclosure, submission or offer of any comments constitutes an assignment to Zoo-phonics®, Inc. of all worldwide rights, titles and interests and goodwill in the comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.
G. Monitoring
Zoo-phonics®, Inc. shall have the right, but not the obligation, to monitor the content of the website, including blogs and e-mail, to determine compliance with this agreement and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, Zoo-phonics®, Inc. shall have the right to remove any material that it, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
H. User Conduct
This website shall be used for lawful purposes only. Any conduct by you that in Zoo-phonics®, Inc.’s discretion restricts or inhibits any other user from enjoying this website will not be permitted.
I. Disclaimer, Limitation of Liability, and Indemnity
This website and all contents of the website are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. Zoo-phonics®, Inc. does not warrant that your use of this website will be uninterrupted or error free, or that this website or its server are free of viruses or other harmful elements. Your use of this website is at your sole risk. You assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment that you use in connection with your use of our website. Zoo-phonics®, Inc. shall not be liable for any damages of any kind related to your use of this website. Although Zoo-phonics®, Inc. endeavors to provide accurate information, it does not warrant or make any representations regarding the accuracy or reliability of information on this website. Neither Zoo-phonics®, Inc. nor its related entities or its vendors or content providers shall be liable to any person or entity for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, or liability of any kind or character whatsoever based upon or resulting from your use or inability to use this website, or any information or materials provided on the website. Zoo-phonics®, Inc. is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the website or with any of Zoo-phonics®, Inc.’s Terms of Use, your sole and exclusive remedy is to discontinue using the website. You agree to indemnify, defend, and hold harmless Zoo-phonics®, Inc., its shareholders, officers, directors, employees, agents, distributors, vendors and related entities from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting or arising out of your breach of any of these Terms of Use.
J. Termination
These Terms of Use constitute an agreement which is effective unless and until terminated by either you or Zoo-phonics®, Inc.. You may terminate this agreement at any time by e-mailing [email protected]. Zoo-phonics®, Inc. may also terminate this agreement at any time and may do so immediately without notice, and accordingly deny you access to this website, if in Zoo-phonics®, Inc.’s sole discretion, you fail to comply with any term or provision in this Agreement. Upon any termination of this agreement, you must promptly destroy all materials downloaded or otherwise obtained from this website, as well as copies of such materials. These Terms of Use constitute the entire agreement between you and Zoo-phonics®, Inc. relating to the subject matter addressed herein.
K. Severability
You agree that the terms of this agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms of the agreement will remain in full force and effect. Additionally, should either party terminate this agreement, sections 1, 2, 4, 6, 9, 10, 11, and 12 of this agreement shall remain in full force and survive the termination of this agreement.
L. Applicable Law
This agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this agreement shall be resolved exclusively by the state and federal courts located in Sonora, California.
M. Export Regulations
Purchases may not be resold or exported outside the United States. Zoo-phonics website shopping cart is available for Domestic USA customers ONLY and are intended for personal use, and may not be sold, leased, or transferred to restricted countries, restricted end users, or for restricted end uses according to U.S. export and sanctions laws. For International ordering please locate your country on our International Partner dropdown menu and inquire directly to your representative. https://zoo-phonics.com/international/
You may also email [email protected] directly with your location and request representative contact information.