Terms of Use

Please read these Terms of Use (“Terms”) carefully. These Terms govern your use of our Website, https:zootsolutions.com (the “Site”), and any material or functionality available through the Site. By using the Site and accessing its content, you signify that you have read these terms and agree to be bound by and comply with them. If you do not agree to be bound by these terms, please promptly exit the Site.

Changes

We may amend these Terms from time to time to incorporate additional terms specific to new features, applications, opportunities, or services that we may make available on or through the Site. All such updates and amendments are effective immediately upon notice to you, which we may give by any means, including, but not limited to, by posting a revised version of these Terms on the Site. You should review these Terms regularly to stay informed of changes that may affect you, as your continued use of the Site signifies your continuing consent to be bound by these Terms. The version of these Terms that is posted on our Site on each respective date you visit the Site shall be the Terms applicable to your access and use of the Site on that date. Our electronically or otherwise properly stored copies of these Terms and the Privacy Policy shall be deemed to be the true, complete, valid, authentic, and enforceable copies of the version of the Terms and the Privacy Policy which were in force on each date you visited the Site.

Zoot Enterprises, Inc. (“Zoot Enterprises”) reserves the right to do any of the following at any time without prior notice to you or any other user:

• Modify, suspend, or terminate the operation of or access to the Site;
• Modify or change the Site and its content, functionality, and features;
• Modify, amend, or change any applicable policies or terms; and
• Interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes.

No Unlawful or Prohibited Use

You agree to use the Site in accordance with all applicable laws. Any use or attempted use of the Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) to access systems, data or information not intended by Zoot Enterprises to be made accessible to a user; (iv) to attempt to obtain any materials or information through any means not intentionally made available by us; or (v) for any use other than the purpose for which it was intended, is prohibited.
In addition, in connection with your use of the System, you agree you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
• Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
• Upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise;
• Violate any applicable local, state, national or international law;
• Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
• Delete or revise any material posted by any other person or entity;
• Harvest or otherwise collect information about others, including e-mail addresses; or
• Use any robot, spider, scraper, or other automated or manual means to access the Site, or copy any materials on the Site.

Zoot Enterprises reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of your access. Zoot Enterprises reserves the right at all times to disclose any information that we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, including as necessary to cooperate or assist in the investigation of any suspected or alleged crime or civil wrongdoing.

Your use of our Site signifies your agreement to reimburse Zoot Enterprises for any damage, loss, cost or expense the company incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) as a result of your use of the System for any unlawful or prohibited purpose.

Any information, communications, or material of any type or nature that you submit to the Site by e-mail, messaging, uploading, downloading, or otherwise (collectively, a “Submission”) is done at your own risk. By making a Submission, you represent and warrant that you have the full legal right to so use the material conveyed therein and that it is not confidential or proprietary to any third party, or otherwise subject to a contractual or legal restriction.

Permission to Use Materials

In consideration for your agreement to the terms and conditions contained here, Zoot Enterprises grants you a personal, non-exclusive, non-transferable license to access and use the Site. You may download material from the Site only for your own personal, non-commercial use. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material. The burden of determining that the use of any information, software, or any other content on the Site is permissible rests with you. Zoot Enterprises reserves the right, in our sole discretion, to terminate your access to the Site or any portion thereof at any time, for any reason, without notice.

Links to Other Sites

The Site may include hyperlinks to websites maintained or controlled by others. Zoot Enterprises is not responsible for and does not routinely screen, approve, review, or endorse the contents of or use of any of the products or services that be offered at these websites.

Jurisdiction

The System is maintained, operated, and controlled by Zoot Enterprises in the State of Montana. These Terms shall be governed by and construed under the laws of the State of Montana, without regard to conflicts of laws, principles or rules. The Site is intended to be used only by individuals within the United States, who are residents of the United States. We do not offer goods and service to individuals outside the United States through this Site.

Any legal action brought by you that arises out of or relates to these Terms or your access to and use of the Site must be commenced within one year after the cause of action arises. You hereby expressly consent and irrevocably submit to the exclusive jurisdiction of the state and federal courts sitting in Gallatin County, Montana for resolution of any matters related to interpretation, construction, or enforcement of these Terms or otherwise in connection with these Terms, the Privacy Policy referenced herein, or otherwise related to or in connection with your access to and use of the Site. You further expressly waive any claim that venue is improper for any reason in these courts.

Disclaimer of Warranty

THE SITE AND ANY INFORMATION, PRODUCTS OR SERVICES THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE OR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

ZOOT ENTERPRISES DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE SITE OR ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABEL ON OR THROUGH THE SITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND THE MATERIALS, PRODUCTS, AND/OR SERVICES AVAIALBEL ON OR THROUGH THE SITE ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.

Zoot Enterprises does not warrant, and hereby disclaims any warranties, either express or implied, with respect to accuracy, adequacy, or completeness of our Site, information obtained from the Site, or links to or on the Site. Zoot Enterprises does not warrant that the Site will operate in an uninterrupted or error-free manner or that the Sites are free of viruses or other harmful components. Use of information obtained from or through this Site is at your own risk. The Site is intended for marketing and outreach purposes only and should not be used to transmit sensitive personal information, as that term is defined by applicable law. Zoot Enterprises makes no representations or warranties with respect to the security of such a communication and disclaims all responsibility for the consequences thereof.

Zoot Enterprises makes no representation regarding your ability to transmit and receive information from or through the Site and you agree and acknowledge that your ability to access the Site may be impaired. Zoot Enterprises expressly disclaims any and all liability resulting from or relating to such events.

Limitation of Liability

YOU AGREE THAT ZOOT ENTERPRISES WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS, OR TO YOUR (OR ANY THIRD PARTY’S) USE OR INABILITY TO USE THE SITE, OR TO YOUR COMMUNICATION OF INFORMATION THROUGH THE SITE, OR TO YOUR RELIANCE ON INFORMATION OBTAINED FROM OR THROUGH THE SITE. IN PARTICULAR, ZOOT ENTERPRISES WILL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABIITY OF DATA) ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OR INABILITY TO USE THE SITE, YOUR COMMUNICATION OF INFORMATION THOUGH THE SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, WHETHER BASED IN CONTRACT, TORT, STATUTRY OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY.

IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE AGGREGATE LIABILITY OF ZOOT ENTERPRISES AND ITS CONTRACTORS, SUPPLIERS, PROVIDERS, AND AFFILIATES SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING ANY OF THE FOREGOING, IF ZOOT ENTERPRISES, ITS CONTRACTORS, SUPPLIERS, PROVIDERS, OR AFFILIATES IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE PRIVACY POLICY, THE SITE, OR YOUR USE OF THE SITE, ZOOT ENTERPRISES’S CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED USD $100.

Proprietary Content

Zoot Enterprises respects the intellectual property rights of others and expects you to do the same. We have expended substantial time, effort and resources to create the Site and to collect provide the features, materials, products, and services that are available on or through the Site. You understand and agree that Zoot Enterprises owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the System and the features, materials, opportunities, and services made available on or through the Site, and all information, text, data, artwork, images, computer code, databases, sound recordings, logos, software, and other material contained therein, as well as the compilation, collection, design, selection, and arrangement thereof.

You acknowledge and agree that you will not acquire any ownership interest in the Site by accessing and using it. Except as expressly provided in these Terms, no part of the Site may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or via any other medium for publication or distribution, or for any commercial enterprise, without our express prior written consent.

Our posting of materials or information to the Site does not constitute a waiver of any proprietary right in the content or the Site and does not transfer any rights to a user of the Site or to any third party, except as expressly provided for therein.

Indemnification

You agree to indemnify and hold Zoot Enterprises harmless from any claims, losses or damages, including legal fees, resulting from your violation of these Terms, your use of the Site, or your placement of any content on the Site, and to fully cooperate in our defense against any such claims.

Errors and Omissions

The Site may contain errors and omissions relating to our services, pricing, and availability. We reserve the right to correct errors or omissions without prior notice. We also reserve the right to cancel any offered product or serve in the event of an error or omission in the description, including price, unavailability, or other reason.

Entire Agreement

These Terms constitute the entire agreement between you and Zoot Enterprises and its affiliates with respect to the subject matter herein and supersedes any and all prior or contemporaneous oral or written agreements.

How to Contact Us

If you have any questions or comments concerning these Terms or any other company policies relating to use of the Site, please contact us at the numbers or addresses given below.

Zoot Enterprises, Inc.
Attn: Zoot Enterprises Legal Department
555 Zoot Enterprises Lane
Bozeman, MT 59718
Phone: 406-586-5050
Fax: 406-587-8414
Email: compliance@zootweb.com