1) LICENSE TO USE THIS SITE
We at the ZIPWALL® LLC. and its subsidiaries (“ZIPWALL”) are happy to have you as a visitor. We have established the following terms and conditions, including our Privacy Statement, as a requirement for visitors using our site. In order to use our site, you
must agree to these terms and conditions (“Terms”). BY CHOOSING TO ACCESS AND USE THIS SITE, YOU ARE EXPRESSLY AGREEING TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE OR VIEW THE SITE.
These Terms apply only to the use of this Site and do not supersede any other contractual agreement between you and ZIPWALL®.
Use of Materials: Upon your agreement to the Terms, ZIPWALL® grants you the right to view the site and to download materials from this site for your personal, non-commercial use. You are not authorized to use the materials for any other purpose. If you do
download or otherwise reproduce the materials from this Site, you must reproduce all of ZIPWALL’s proprietary markings, such as copyright and trademark notices, in the same form and manner as the original.
Private Pages: Some parts of this Site are not available to the general public, but only to certain business associates of ZIPWALL®. These sections may only be accessed by authorized entities and are controlled by password-protected access. If you are not
authorized to use these sections, then you agree that you will not attempt to gain access. If you are authorized, then by accessing those areas, you expressly agree to the supplemental terms that are posted as part of the access process.
No Harmful Use: In exchange for our permission to use this Site, you agree that you will not do anything to harm the functioning or content of the Site. You will not attempt to upload, insert or change any information or image to or on this Site, except for providing
information where prompted by the Site. You agree that you will not take any action that imposes an unreasonably or disproportionately large load on the Site or interferes with its functioning. You also agree that you will not use any false identity when interacting with the Site, or do anything that is fraudulent, obscene, libelous or legally prohibited.
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or any other automatic device, program, algorithm or methodology or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Site or any of its content, or in any way reproduce or circumvent the navigational structure or presentation of the Site.
INDEMNITY: YOU AGREE THAT YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS ZIPWALL®, ITS CUSTOMERS, SUPPLIERS AND JOINT VENTURE PARTNERS AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, VENDORS, ASSIGNEES AND AGENTS FOR AND AGAINST ANY COSTS, CLAIMS, DAMAGES, LOSSES, OR OTHER LIABILITIES ARISING FROM YOUR USE OF THE SITE IN BREACH OF THESE TERMS OR IN VIOLATION OF THE LAW. IF ZIPWALL® TAKES ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS, YOU
AGREE THAT YOU WILL BE RESPONSIBLE FOR AND WILL PAY ALL OF ZIPWALL’S LEGAL FEES IN CONNECTION WITH SUCH ACTION.
ZIPWALL’s Remedies: In addition to any other remedies it may have at law, ZIPWALL® may, in its sole discretion and without notice, terminate your access to this Site and/or block your future access to the Site, if we determine or suspect that you have violated these
2) PRODUCT SALES
The ZIPWALL® Products listed on this Site are offered for sale solely pursuant to ZIPWALL’s standard terms and conditions of sale applicable to such products. The terms and conditions are accessible for viewing by clicking on the link on each product line home page. ZIPWALL® objects to and rejects any other terms that may be proposed by any customer or potential customer. No offers to sell or purchase ZIPWALL® products are valid and binding on ZIPWALL® unless and until specifically accepted, in writing, by ZIPWALL®.
No Damages: We have attempted to provide timely and accurate information on this Site. However, because we may have made inadvertent errors and because information may become inaccurate over time, WE CANNOT GUARANTEE THE ACCURACY,
TIMELYNESS OR COMPLETENESS OF THE INFORMATION ON THIS SITE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. THE MATERIALS AND INFORMATON ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL ZIPWALL® BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM THE USE OR INABILITY TO USE THIS SITE, OR ANY HYPERLINKED SITE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNATIVE, OR RELIANCE DAMAGES, OR ANY DAMAGES FROM LOSS OF USE, DATA, PROFITS OR BUSINESS INTERRUPTION.
Product Changes: ZIPWALL® reserves the right to change any products or services displayed on this Site at any time, without notice. ZIPWALL® does not warrant or represent that all such products will be available for purchase at all times or from all locations.
Historical Information: The information contained in the news releases accessible through this Site should be viewed as accurate only on the date the press releases are rendered. Changes in circumstances could have occurred from the date of such press
releases that might materially affect the information contained therein.
Third party sites: This Site may contain links to third party sites. If you click on the link, you will leave this Site and go to a third party’s site. Access to any other Internet site linked to this Site is at the user’s own risk and ZIPWALL® is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these Sites. ZIPWALL® provides these links merely as a convenience and the inclusion of such links does not imply an endorsement. ZIPWALL® does not warrant or otherwise recommend the combination of ZIPWALL® products with any products on such third party sites, and does not warrant that any such combination will not infringe any third party’s intellectual property.
4) LINKING TO OUR SITE
If you would like to link to our Site from some other site, you must obtain our written permission to do so. You should contact ZipWall® to obtain permission. You must comply with our conditions for linking, including, but not limited to the following:
(1) The link must be a text-only link containing only the term ZIPWALL® Barrier Systems. (2) the link must point to our home page, www.zipwall.com and not to any page within our Site; (3) the link, when activated, must display our Site in a full-screen page, in a fully operable and navigable browser window and not within a “frame” on the linked website; and (4) the appearance, position and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by ZIPWALL® nor be such as to damage or dilute the goodwill associated with the name and trademarks of ZIPWALL®. ZIPWALL® may revoke its consent to link at any time in its sole discretion.
5) INFORMATION PROVIDED BY THE USER
Inherent Risk: You understand that the use of the Internet is inherently insecure and you assume all risks of transmitting information to us. We ask that you do not provide us with any information other than that which we request. In particular, without limitation,
we ask that you do not provide us with any unsolicited, private financial information nor any private business, technology or product information or proposals. If you do provide us with any information, you grant us permission to use and reproduce that
information for any purpose, without limitation.
License to Use Information: You agree that ZIPWALL® may use and disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference (either intentionally or unintentionally) with ZIPWALL’s rights or property, or the rights or property of visitors to or users of the Site. ZIP WALL® reserves the right at all times to disclose any information that ZIPWALL® deems necessary to comply with any applicable law, regulation, legal process or
governmental request. ZIP WALL® may also disclose your information when ZIPWALL® determines that applicable law requires or permits such disclosure, including exchanging information with other companies or organizations for fraud protection purposes.
Use According to Law: We are operating this Site from our location in the United States, in compliance with U.S. law. If you are viewing this Site from any location outside of the United States, you assume all risk of local laws and regulations and you agree that you will only use the Site in compliance with those laws and regulations. If, due to local laws, you cannot use the Site in strict compliance with these Terms, you agree that you will not use the Site.
Export Laws: You also agree that you will use this Site only in accordance with U.S. law, including U.S. export control laws.
Applicable Laws: Any disputes or complaints regarding this Site or your use of it will be governed by the laws of the United States and the Commonwealth of Massachusetts, without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Boston, Massachusetts and waive any objection to jurisdiction and venue. You must bring any claim you may have under these Terms or regarding this Site within one (1) year after the cause of action arises, or such claim or cause of action is barred.
7) INTELLECTUAL PROPERTY
Except as otherwise noted, ZIPWALL® owns (or has license rights to) all of the information and material (“Materials”) on this Site. All Materials are Copyrighted, 2015, by ZIPWALL® Group, Inc. 37 Broadway, Arlington, MA. ALL RIGHTS RESERVED. You may not copy, reproduce, modify, publish, upload, download, post transmit or distribute the Materials in any way without ZIPWALL’s written permission.
Except as expressly provided herein, ZIPWALL® grants no express or implied license under any ZIPWALL® patent, copyright, trademark, trade name, trade secret or other proprietary right.
If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated, to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect. These Terms constitute the entire and exclusive agreement between you and ZIPWALL® with regard to your use of the Site and any and all other written or oral agreements or understanding previously existing between you and ZIPWALL® with respect to such use are hereby superseded and cancelled. ZIPWALL® will not accept any counter-offers to these Terms and all such offers are hereby categorically rejected. ZIPWALL’s failure to
insist on or enforce strict performance of these Terms shall not be construed as a waiver by ZIPWALL of any provision or any right it has to enforce these Terms, nor shall any course of conduct between ZIPWALL® and you or any other party be deemed to modify any provision of these Terms.
Disclaimer for private access sites
You may only access this area of the ZIPWALL® Site by permission from ZIPWALL® and through use of an authorized password.
You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify ZIPWALL® immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by ZIPWALL® or any other user of or visitor to the Site due to someone else using your password or account.