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Zaggo Terms of Use

Last updated: January 2011

By using this site, you understand and agree to these terms of use. This site is owned by Zaggo, Inc., and may be accessed in the United States and abroad. All information submitted to or collected by this site will be stored in the United States.

Acceptance of Terms of Use

Each of the policies and other special terms and conditions referenced in these Terms of Use are hereby incorporated herein as if fully rewritten in these Terms of Use. These Terms of Use constitute the entire understanding and agreement between you and Zaggo with respect to this website, our provision and your use of same.

This website is offered to you free of charge on the express condition that you accept, without modification, and abide by these Terms of Use. If you do not agree to the Terms of Use, please do not use this website and exit from this website immediately. By using this website (including the use of any of the information, content or services available via this Website), you agree that you have read, understood and agree unconditionally to be bound by these Terms of Use.

Accuracy of Information

Although Zaggo makes reasonable efforts to ensure that the information provided through this website is current and accurate, Zaggo makes no representations or warranties as to the accuracy, reliability, completeness or timeliness of such information, and Zaggo makes no commitment and disclaims any duty to update such information.

For further explanation regarding the information provided through this Website, please review our Disclaimer.

Zaggo allows third parties to provide testimonials.

Zaggo may post in Roberta’s Blog articles and other information provided by third parties that we believe might be of benefit or interest to our users. You acknowledge that the opinions and recommendations of third parties contained in this blog and website are not necessarily those of Zaggo or endorsed by Zaggo. All information is provided “as is” without any representation, warranty or condition as to its accuracy or reliability.

Merchandise Sales

The purchase of the ZaggoCare™ system is subject to Zaggo’s standard Sales Terms and Conditions, which contain certain warranty and liability limitations. All returns and exchanges of merchandise purchased from Zaggo on this website are subject to Zaggo’s standard Return and Exchange Policy.

Intellectual Property

This website (including without limitation, the information, content, or services provided on this Website, and the design and layout of this Website) is protected by copyright, trademark and other proprietary and intellectual property rights of Zaggo or third parties. No portion of this website, including trademarks, logos and service marks, may be reproduced, displayed, downloaded (including without limitation, any pictures or images), or used in any form, or by any means, without the prior written permission from Zaggo.

We are obligated under federal and common law to police the use of our marks and must monitor such for unauthorized use; otherwise, we risk the abandonment of our marks as well as the inability to enforce our rights against other third parties.
You agree that any person to whom the content is provided directly or indirectly through you, will be advised of the terms of this Agreement, and that each such person is bound by these terms. You may in no way modify, reformulate, adapt, alter, adjust, change, disassemble, frame or decrypt any of the contents of this Website.

Use of this Website

You may use this website for lawful purposes only and only in accordance with these Terms of Use. You are prohibited from using on this Website, from transmitting to or through this Website, or linking to or from this Website (i) any unlawful, threatening, obscene, defamatory, libelous, harassing, pornographic, hateful or ethnically, racially or otherwise objectionable or harmful material, (ii) any material that would contribute to a civil or criminal offense, otherwise violates any law, or which infringes on any intellectual property right, (iii) any content referencing, facilitating, promoting or using the following: gambling, gaming, lottery, raffles, drawings, or prize promotions of any kind, including one of chance or skill that awards or provides a prize of value to a winner; or (iv) content that is used in a manner that is contrary to Zaggo’s public image, goodwill, reputation or mission, or in a manner that is otherwise inappropriate, derogatory or offensive (collectively, “Objectionable Material”), in each case, as determined by Zaggo in its sole and absolute discretion.

Any information submitted or communicated to Zaggo through use of this Website that does not include personal information or data about you is non-confidential and non-proprietary, and Zaggo may, without compensation to you, incorporate, distribute or otherwise use such information for any commercial or non-commercial purpose. Zaggo is under no obligation to use or post any such information and may remove any information it does post at any time in its sole discretion, with or without notice to you. Any personal information or data submitted to Zaggo through use this Website is governed by the terms of the Privacy Policy.

You hereby agree that you will hold indemnify, defend, and hold harmless Zaggo and its officers, directors, employees, and volunteers from all claims arising out of or related to your access or use of, or your inability to access or use, this Website, including any information or material viewed or downloaded from this Website or another website to which it is linked that appear to you or are construed by you to be obscene, offensive, or defamatory.

THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS BEING USED BY YOU STRICTLY AT YOUR SOLE RISK. ZAGGO MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT (1) THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THIS WEBSITE OR THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, (2) ERRORS OR OMISSIONS THAT MAY BE CONTAINED IN THIS WEBSITE OR THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, (3) OR THAT THIS WEBSITE, THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, OR THE SERVER THAT MAKES EACH OF THESE AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE. ZAGGO HEREBY EXPRESSLY DISCLAIMS ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE AND THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS IMPLIED BY STATUTE.

IN NO EVENT SHALL ZAGGO BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, REVENUE OR PROFITS, WHETHER RESULTING FROM AN ACTION OF CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, NEGLIGENCE OR OTHER TORT OR CLAIM, ARISING OUT OF OR IN CONNECTION WITH THE USE OR RELIANCE UPON THE INFORMATION ON THIS WEBSITE AND THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE.

Some states do not allow certain exclusion of implied warranties, so the above exclusions with respect to implied warranties may not apply to you. Other states do not allow certain limitations or exclusions of liability for incidental or consequential damages, so the above limitation or exclusion of liability may not apply to you.

IN NO EVENT SHALL ZAGGO AGGREGATE AND COMPLETE LIABILITY TO YOU AND ANY THIRD PARTY IN CONNECTION WITH THIS WEBSITE AND ANY AND ALL INFORMATION, CONTENT AND SERVICES AVAILABLE VIA THIS WEBSITE, HOWEVER ARISING, EXCEED A MAXIMUM OF $10.00.

Governing Law and Jurisdiction

Access to this Website and any and all information, content and services available via this Website is governed by all applicable federal, state, provincial and local laws, and, in the case of users resident outside of the United States, you may also be subject to additional laws of the country where you reside. You are responsible for compliance with the laws of your jurisdiction and any other applicable law.

If a problem cannot be amicably settled through good-faith negotiations, you hereby irrevocably consent to the jurisdiction of the federal and state courts in Boston, Massachusetts as the exclusive forum and venue for the resolution of such disputes, and further waive and agree not to assert as a defense or otherwise, that (i) you are not personally subject to the jurisdiction of the above-named courts, (ii) the suit, action or proceeding is brought in an inconvenient forum, or (iii) the venue of the suit, action or proceeding is improper.