Terms & Conditions
Effective Date: October 5, 2011
Welcome to Zonkey Products. (“Zonkey”). Zonkey maintains this website for your personal information, education and communication. Your access to and use of this website is subject to the following Terms & Conditions. Please read these Terms & Conditions carefully before accessing or using this website, so that you fully understand your rights and responsibilities.
By accessing or using this website, you signify your agreement with these Terms & Conditions. These Terms & Conditions are agreed to by and between you and Zonkey. In consideration for your use of and access to this website, and the promises and obligations in these Terms & Conditions, and intending to be legally bound, you and Zonkey agree to all of these Terms & Conditions. Please print a copy of these Terms & Conditions for your reference.
If you do not agree to the following Terms & Conditions, do not access or use this website, and instead contact Zonkey in writing or via telephone as set forth below for desired information.
Zonkey reserves the right to modify or amend these Terms & Conditions at any time. All changes shall be effective immediately upon their posting. Material changes will be posted conspicuously on this website. By accessing the website following posting of changes to the Terms & Conditions, you agree to all such changes.
Site Information
Information and content displayed on this website is subject to modification without notice. Zonkey reserves the right to modify such information without any obligation to notify past, current or prospective website users. Some goods or services may not be available in certain areas. Zonkey makes no representations that the materials on this website are appropriate or available for use outside the United States. Those who do access this website from other states or countries are solely responsible for compliance with the laws of such state or country.
All offers set forth on this website are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.
Intellectual Property Rights
Copyright 2011. Zonkey. All rights reserved.
All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on this website are copyrighted by Zonkey or Northwire, Inc., unless otherwise noted. The distinctive and original layout and presentation of this website also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to Zonkey appear throughout this website. This website may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to Northwire or any third party is strictly prohibited, and will be prosecuted to the fullest extent of the law.
Use of this Site
You may download and/or print one (1) copy of this website’s content solely for your internal business purposes, provided you do not delete or modify any copyright, trademark, or other proprietary notices. You may not otherwise use, copy, modify, distribute, mirror, republish or transmit any of the content or materials of this website without the prior written consent of Zonkey.
If you have access to a “members only” or other private portion of this website that requires registration, you are responsible for maintaining the confidentiality of your login information. You are responsible for any activity that takes place under your username and password.
No Liability
IN NO EVENT SHALL ZONKEY OR ANY OF ITS OFFICERS, REPRESENTATIVES, DIRECTORS, EMPLOYEES, CONSULTANTS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR PERFORMANCE OF THIS WEBSITE OR ANY LINKED WEBSITE OR TO ANY MATERIAL, INFORMATION, DATA, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF YOUR USE OF THIS WEBSITE, YOUR INABILITY TO USE THIS WEBSITE OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE OF ANY INFORMATION, ADVICE OR MATERIALS PROVIDED ON THIS WEBSITE, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NORTHWIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE WEBSITE.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitations may not apply to you.
No Warranty
Zonkey makes all commercially reasonable efforts to ensure that all material, information and data on this website is accurate and reliable; however, accuracy cannot be guaranteed.
THIS WEBSITE IS PROVIDED BY ZONKEY ON AN “AS IS” BASIS.
ZONKEY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THIS WEBSITE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ZONKEY MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE, OR USE OF MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THIS WEBSITE, OR REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THIS WEBSITE. ZONKEY DOES NOT WARRANT OR GUARANTEE (1) THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS, OR USEFULNESS OF THIS WEBSITE OR ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THIS WEBSITE OR (2) THAT USE OF THIS WEBSITE OR ANY MATERIALS ON THIS WEBSITE WILL MEET ANY USERS REQUIREMENT BY UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ZONKEY DOES NOT WARRANT OR GUARANTEE THAT FILES OR OTHER MATERIALS AND INFORMATION AVAILABLE THROUGH THIS WEBSITE WILL BE FREE OF INFECTIONS, VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT COULD BE HARMFUL TO YOUR COMPUTER SYSTEM.ZONKEY SHALL HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATION.
You acknowledge and agree (1) that your use of this website is at your own discretion and risk, (2) that use of any material, information or data downloaded or otherwise obtained through the use of this website is at your own discretion and risk, and (3) that you are solely responsible for any damage to your computer system for loss of data that results from the download of such material, information or data, and for any other form of damage that may be incurred. NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE OR ITS CONTENT, INCLUDING WITHOUT LIMITATION ZONKEY, SHALL BE LIABLE TO USERS OF THIS WEBSITE FOR ANY DAMAGE RESULTING FROM USE OF THIS WEBSITE OR USE OF MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THIS WEBSITE, NOR ARE SUCH PARTIES IN ANY WAY RESPONSIBLE FOR THE CONDUCT OF USERS OF THIS WEBSITE OR FOR INFORMATION POSTED OR EXCHANGED ON THIS WEBSITE.
No advice or information, whether oral or written, obtained by you from Zonkey or in any manner from this website shall create any warranty.
Third-Party Websites
This website may link to, or be linked to, other websites not maintained by or related to Zonkey. Such links are provided only as a service to our visitors. Zonkey is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website, unless specifically stated therein. Zonkey has not reviewed all such websites and is not responsible for the content, accuracy, or policies of any such websites. Any linking to any other pages or websites is at your own risk.
If you operate another website and are interested in linking to our website, you agree to be bound by the following rules: (1) the link must be a text-only link clearly marked; (2) the link must "point" to the URL "_______________" and not to any other pages; (3) the link, and use thereof, must be in connection with a website of appropriate subject matter which furthers the mission of Licensor; (4) the link, and use thereof, may not be such that may damage or dilute the goodwill associated with Licensor’s names and marks; (5) the link, and use thereof, may not create the false appearance that an entity other than LICENSOR is associated with or sponsored by LICENSOR; (6) the link, when activated by a user, must display this site full-screen and not with a "frame" on the linked website; and (7) LICENSOR reserves the right to revoke consent to the link at any time in its sole discretion, either by amending these Terms and Conditions or through other notice.
Privacy Policy
By your access and use of this website, you hereby agree to the terms of the
Zonkey Privacy Policy, which are incorporated into these Terms & Conditions by this reference.
Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ZONKEY, NORTHWIRE, ITS OFFICERS, REPRESENTATIVES, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL LOSSES, EXPENSES, THIRD-PARTY CLAIMS, LIABILITIES, DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) ARISING FROM OR RELATED TO YOUR USE OF THIS WEBSITE, YOUR USE OF ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THIS WEBSITE, OR YOUR VIOLATION OF THESE TERMS & CONDITIONS, INCLUDING WITHOUT LIMITATION, YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF NORTHWIRE OR ANY OTHER PERSON OR ENTITY.
Interpretation and Disputes
These Terms & Conditions are governed by the laws of the United States and the State of Minnesota, without regard to any conflict of laws provisions. Venue shall be proper exclusively in Hennepin County, Minnesota with respect to any dispute arising under these Terms & Conditions, unless otherwise specifically agreed by Zonkey in its sole discretion. In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs. If any provision of these Terms & Conditions is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable then the provision shall be severed and the remaining terms of these
Terms & Conditions shall be interpreted and read to give them maximum enforceability. Any cause of action or claim with respect to this website must be commenced within one (1) year after the action or claim arises.
Entire Agreement
By your access or use of this website, you hereby agree to these Terms & Conditions. These Terms & Conditions, together with the Zonkey Privacy Policy constitute the entire agreement between you and Zonkey with respect to your access and use of this website and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by Zonkey. These Terms & Conditions will inure to the benefit of Zonkey’s successors and assigns.
Electronic Communications
You acknowledge that these Terms & Conditions are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms & Conditions and any other documentation, agreements, notices or communications between you and Northwire may be provided to you electronically. Please print a copy of all such documentation, agreements, notices or other communications for your reference.
Contacting Us
If you have any other questions or concerns regarding these Terms & Conditions, please contact us at:
Zonkey Products
110 Prospect Way
Osceola, Wisconsin 54020
715.294.2180