Site Terms and Conditions - User Agreement

READ THESE USER AGREEMENT, SITE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE!

READ THIS USER AGREEMENT, SITE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE! 

Using this website ZIPPERWAND.COM, you signify your assent to this user agreement and site terms of use. If you do not agree to this user agreement and site terms of use, please do not use it. We reserve the right without notice, at our discretion, to change, modify, add, or remove portions of this user agreement and site terms of use at any time. Please check these terms periodically for changes.

RESTRICTIONS ON USE OF MATERIALS

ZIPPERWAND.COM web site is licensed to Carpet Care Pro Manufacturing, Inc., CCPM. Zipper Wand owns all materials provided within this site, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without the prior written permission of CCPM. No material from this site or any other site owned, operated, or controlled by CCPM may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed. Modification of the materials or use of the materials for any other purpose is a violation of copyright and other proprietary rights. For purposes of these terms, the use of any such content on any other web site or networked computer environment is strictly prohibited. All trademarks, service marks, and trade names are proprietary to CCPM. 

FORUMS AND PUBLIC COMMUNICATION

"Forum" means any service offered as part of this site. You shall not upload to, distribute through, or otherwise publish through this site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law. The Forums shall be used only in a non-commercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other online guests to join or become members of any commercial online service or other organization is expressly prohibited. It is CCPM's policy to respect the privacy of all guests. Also, we may, at our sole discretion, monitor, edit, or disclose the contents of a guest's e-mail when required in the course of routine maintenance of this site and its systems or particularly when required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on CCPM; (2) protect and defend the rights or property of CCPM; or (3) act in an emergency to protect the personal safety of our guests or the public. Guests shall remain solely responsible for the content of their messages. By posting or uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived. You agree to indemnify CCPM for any claims, damages, losses, and causes of action arising as a result of your posting or uploading materials to any Forum or submitting any material to us or your failure to comply with these terms of use. While CCPM does not and cannot review every message posted by users in the Forums and is not responsible for the content of these messages, CCPM reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

LINKED SITES

CCPM is not necessarily affiliated with sites that may be linked to this site and are not responsible for its content ("Linked Sites"). The Linked Sites are for your convenience only, and you access them at your own volition.

JURISDICTIONAL ISSUES

Unless otherwise specified, the materials in this site are presented solely to promote CCPM products in the United States, territories, possessions, and protect areas. This site is controlled and operated by CCPM from its offices within the State of Michigan, United States of America. CCPM makes no representation that materials in this site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. 

TERMINATION

These terms and conditions of use are practical until terminated by either party. You may terminate these terms of use at any time by not using this site and destroying all materials obtained from this site and all related documentation and all copies and installations thereof, whether made under the terms of these terms of use or otherwise. These terms will terminate immediately without prior notice from CCPM if in CCPM's sole discretion you fail to comply with any terms or provisions of these terms of use. Upon termination, you must destroy all materials obtained from this site and all other CCPM sites (s) and all copies thereof, whether made under the terms of these terms of use or otherwise.

DISCLAIMER

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE ACCORDING TO APPLICABLE LAW, CCPM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TDI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CCPM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT TDI) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TDI BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF TDI OR A TDI AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL TDI TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

OTHER

These terms shall be governed by and construed following the State of Michigan laws, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Wayne County. You as a result of this consent and submit to the personal jurisdiction of such courts to litigate any such action. In no event shall you be entitled to injunctive or other equitable relief. If any provision of these terms shall be unlawful, void, or unenforceable for any reason, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

This is the entire agreement between us relating to the subject matter herein and shall not be modified except as posted by CCPM in writing on this site. If you have any additional questions regarding the user agreement, site terms, and conditions of use, please contact us.

ZIPPERWAND.COM and Carpet Care Pro Manufacturing, Inc.