| USER AGREEMENT AND DISCLAIMER PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. Welcome to ztsinc.com. Access to and use of this Website are subject to the following terms and conditions and all applicable laws. Please review these terms and conditions, and note that they are subject to modification, alteration, or update at any time and at the sole discretion of ZTS. If you do not agree to any term or condition, you should not use this Website. I. COPYRIGHT NOTICE. This Website and all of its content, including but not limited to the text and images used herein and their arrangement, is copyright © 1996-2007 ZTS, Inc. II. TRADEMARKS NOTICE. ZTSINC.com, ZTS, ZTS, Inc., Pulse Load Multi-Battery Testers, and all other ZTS names, and products referenced herein are trademarks or registered trademarks, and are the property of ZTS. ZTS trademarks and trade dress may not be used in connection with any product or service that is not ZTS. All other products and company names referenced herein, if any, may be the trademarks of their respective owners. ZTS does not authorize the use of any trade name, trademark, registered trademark, logo, or any copyrighted material referenced herein for any purpose whatsoever, including non-commercial applications. III. RESTRICTIONS ON USE. ZTS grants you a limited license to access and make personal use of this site. No permission is granted for use the materials, information, text or graphics, and/or to hyperlink other Websites with this Website, or to use the materials on your Website in any way or for any reason without prior specific authorization from ZTS. ZTS reserves all rights not expressly granted herein. IV. THIRD PARTY SITES. ZTS may provide links to Internet sites maintained by third parties ("third party sites") and it may occasionally provide materials from third parties on this Website. These third party sites and any third party materials are provided for your convenience only. ZTS does not operate or control in any respect any information, products or services available on these third party sites and ZTS is not responsible for their content. ZTS makes no representations whatsoever concerning the content of these sites and the fact that ZTS has provided a link to such sites is NOT an endorsement, authorization, sponsorship, or affiliation by ZTS with respect to such sites, its services, the products displayed, its owners, or its providers. You access these sites at your own risk. V. DISCLAIMER. Visitors to this Website assume all responsibility and risk for the use of this Website. Information published on this Website is provided without charge as a convenience to visitors, to be used for informational purposes only. Although care has been taken with regard to the site's content, ZTS does not warrant or represent that this site's content is accurate, complete, or up-to-date, not does it warrant or represent that access to and use of this site or the server which makes it available will be uninterrupted, error-free, and free of computer viruses or other harmful components. The content of this site may include technical inaccuracies or typographical errors for which ZTS assumes no responsibility. ALL OF THE MATERIALS PROVIDED HEREIN, INCLUDING ALL OF THE MATERIALS AVAILABLE ON THIRD PARTY SITES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ZTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. VI. LIMITATION OF LIABILITY. ZTS is not responsible for any infections, contaminations, delay in operation or transmission, line failure, errors, omissions, interruptions, or defects arising out of your use of this site or with respect to the material provided and/or contained on this site. In no event shall ZTS be liable for any special, direct, indirect, incidental, or consequential damages, or any other damages of any kind, resulting from whatever cause, including but not limited to loss of use, loss profits, or loss of data, whether in an action under theories of contract, negligence, strict liability, or otherwise, arising out of or in any way in connection with the use of or inability to use the information or materials on, or accessed through, the ZTS Website. In no event shall ZTS's total liability to you for any and all claims, damages, losses, and causes of action exceed the amounts paid to ZTS by you in connection with the transaction claimed by you to give rise to your claim. VII. COMMUNICATIONS AND SUBMISSIONS. All personal data posted or transmitted to ZTS over the internet, as per instruction when placing an order, such as name, address and contact information, will remain confidential and private. Any communication submitted to ZTS regarding products and experiences, or e-mail messages, will be treated as non-confidential and non-proprietary and will forever be the sole property of ZTS. By transmitting or posting any such communication or material to this company or to this site you agree that ZTS may use your communication or material for any purpose, including but not limited to reproduction, distribution, transmission, publication, broadcast, advertising or posting, and you agree that ZTS will not be liable to you for its use of any such communication or material. ZTS shall be free to use or authorize the use of any ideas, concepts, know-how or techniques contained in such communication or material for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products or services incorporating such information in perpetuity. Do not post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Do not post copyrighted material of which you are not the owner or licensee. You acknowledge that you are solely responsible for whatever material or communication you submit to this Website, and you, not ZTS, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. VIII. JURISDICTION AND CHOICE-OF-LAW. ZTS operates this Website from its offices located in Cincinnati, Ohio, in the United States of America. ZTS makes no representations that the materials in this site are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. By visiting ztsinc.com, you agree that these Conditions of Use, and any dispute, which arises from and out of this Website, shall be construed with the laws of the state of Ohio. Any legal action regarding this agreement or this Website shall be brought only in either the State or Federal Courts located within the City of Cincinnati, Ohio and by using this site you consent to personal jurisdiction within these courts. IX. INQUIRIES. If you have any questions regarding any portion of these Conditions of Use, or if you wish to inquire, regarding rights of use not explicitly granted herein, please direct questions via email to testers@ztsinc.com. X. TERMINATION. ZTS or you may terminate this Agreement at any time. You may terminate this Agreement by destroying all materials obtained from this Website. ZTS may terminate this Agreement immediately without notice if, in its sole judgment, you breach any term or condition of this Agreement. Upon termination, you must destroy all materials obtained from this Website. XI. INTEGRATION. This agreement constitutes the entire Agreement between you and ZTS and supercedes any prior oral or written arguments, understandings, or other communications between parties. This Agreement may not be modified except in writing signed by both you and an authorized signatory of ZTS. XII. OTHER. The headings in this agreement are for reference purposes only and have no legal effect. If any portion of this agreement is void or unenforceable in whole or in part, the remaining provisions of this agreement shall remain in effect. |
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