Last Updated: October 1, 2022
1. Prohibited Conduct. You agree not to:
A. Use the Services for any illegal purpose, or in violation of any local, state, national, or international law;
B. Violate or encourage others to violate the rights of third parties, including intellectual property rights;
C. Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
D. Interfere in any way with security-related features of the Services;
E. Interfere with the operation or any user’s enjoyment of the Services, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;
F. Access, monitor or copy any content or information of the Services using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
G. Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, or falsifying your identity or any information about you, including age or date of birth; or
H. Sell or otherwise transfer the access granted herein.
We will fully cooperate with any law enforcement authorities or a court order requiring us to disclose the identity or other details of any person posting materials to our website in breach of this Section.
3. Electronic Communications, Alerts, Notifications. As part of the Services, you may receive notifications, alerts, emails, or other types of electronic communications regarding the Services. You acknowledge and agree that you may receive communications from us electronically, such as via e-mail or through notices and messages on this Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Where required by applicable law, we will seek express prior written consent for marketing text messages or calls to you.
4. Third Party Content. The Services may contain links to third party websites and services. ZSI-Foster LLC provides such links as a convenience and does not control or endorse these websites and services. You acknowledge and agree that ZSI-Foster LLC has not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third party websites or services.
5. Intellectual Property. You acknowledge and agree that you relinquish all ownership rights in any ideas or suggestions that you submit to ZSI-Foster LLC through the Services. The Services are protected by applicable copyright and other intellectual property laws, and no materials from the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks and service marks on the Services belong to ZSI-Foster LLC except third-party trademarks or service marks, which are the property of their respective owners.
6. Pricing. The prices displayed for products available for purchase via the Services represent the applicable retail prices or distributor negotiated prices, and do not include taxes, shipping, or handling charges (to the extent applicable). Any applicable taxes, shipping or handling charges will be communicated to you before you place an order. The prices displayed on the Services are quoted in U.S. dollars. Products.
7. Product Information. We make every effort to present the most recent, accurate, and reliable information on the Services at all times. However, occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Products displayed may be out of stock or discontinued, and prices are subject to change. ZSI-Foster LLC is not responsible for typographical errors regarding price, availability, or any other matter. Likewise, ZSI-Foster LLC does not warrant the accuracy of customer product ratings, comments, or feedback.
8. Payment. By submitting an order through the Services, you agree to pay in advance the price of the product(s) ordered, plus any applicable taxes, shipping and handling and/or other charges. You may make payment by credit card or any other method of payment we may make available to you (each, a “Method of Payment”). In order to make a payment, you must provide us with valid credit card and/or other billing information and authorize us (or any third-party payment service provider engaged by us) to charge your Method of Payment for all orders placed and accepted via the Services. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
9. Purchase History. Your purchase history may include such details as product description, product image, units purchased, purchase price, purchase or order date, store details where the product was purchased, shipping updates, order number, or product manuals, warranties and instructions. All information related to your purchase history is solely owned by us at all times, but may be made available to you in our sole discretion for your review upon request.
10. Processing Orders. If any problems arise with your order, or with the shipping address or Method of Payment associated with your purchase, and we are unable to resolve the problem, we may notify you via the contact information provided at the time of your purchase. If problems arise with your order that we cannot resolve, your order may be cancelled and we may not be able to process future purchases until the problem has been resolved.
11. Cancellation. We reserve the right to cancel, modify or suspend any order placed if we determine in our sole discretion that a user has violated these Terms, including by engaging in any fraudulent or misleading activity (for example, by using false names, multiple identities, multiple email accounts or email addresses, impersonating another person or otherwise providing false or misleading information), or if we believe, in our sole discretion, that a user’s conduct violates applicable law or is harmful to our interests.
12. Indemnification. You agree that you will be personally responsible for your use of the Services, and you agree to defend, indemnify, and hold harmless ZSI-Foster LLC from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Services; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. ZSI-Foster LLC reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
13. Termination. If you violate these Terms, your permission to use the Services will automatically terminate. In addition, ZSI-Foster LLC in its sole discretion may suspend or terminate [your user account and/or suspend or terminate ]some or all of your access to the Services at any time, with or without notice to you. You may terminate your account at any time by contacting us at [email protected] After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but ZSI-Foster LLC may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Services.
14. Modification of the Terms. ZSI-Foster LLC reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these Terms. We will make reasonable efforts to notify you of any material changes to the Terms, including, but not limited to, by posting a notice to our website or by sending an email to any address you may have provided to us. Your continued use of the Services following notice will be deemed acceptance of any modifications to the Terms.
15. Disclaimers of Warranties. The Services are provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Although ZSI-Foster LLC seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Services, and there may at times be inadvertent technical or factual errors or inaccuracies. ZSI-Foster LLC specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the Services. ZSI-Foster LLC does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Services.
16. Limitation of Liability. In no event will ZSI-Foster LLC be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not ZSI-Foster LLC has been informed of the possibility of such damage. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you.
17. Governing Law. These Terms are governed by the laws of the United States and the State of DE without regard to conflict of law principles. You and ZSI-Foster LLC agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within DE for the purpose of litigating any such disputes.
18. Modification of the Services. ZSI-Foster LLC reserves the right to modify or discontinue, temporarily or permanently, some or all of the Services at any time without any notice or further obligation to you. You agree that ZSI-Foster LLC will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Services. We reserve the right to determine the timing and content of updates, which may be automatically downloaded and installed by the Services without prior notice to you.
A. Entire Agreement. These Terms, together with the Website Privacy Notice constitute the entire and exclusive understanding and agreement between you and ZSI-Foster LLC regarding your use of and access to the Services, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties.
B. No Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
C. Paragraph Headers. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.
D. Severability. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
E. Note to International Users. Our Services are intended for individuals located in the United States. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import of any data on our website, as may be required. We make no representations that the Services are appropriate or may be used or available outside the United States. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Services. By visiting and using our Site, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations (currently, Cuba, Iran, North Korea, Sudan and Syria) or listed on any of the United States government’s lists of prohibited and restricted parties.
20. Contact Us.
Please submit any questions by completing this contact us form.
Last updated: October 1, 2022