PRO ZONE PRODUCTS, INC.

Terms of Use and Legal Notices

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

Welcome to the PRO ZONE Web Site ("Site"). Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the "Agreement"). Pro Zone Products, Inc. reserves the right to change these terms and conditions from time to time at its sole discretion.

GENERAL
We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed.

We may change, move or delete portions of, or may add to, our Site from time to time.

SITE CONTENTS
PRO ZONE, and all other PRO ZONE trademarks appearing at this Site are trademarks of PRO ZONE PRODUCTS, INC.

The information on this Web site is protected by copyright and trade dress. This site is owned and operated by Pro Zone Products, Inc. The works of authorship contained in this world wide website in the domain "www.ProZoneProducts.com" (the "Pro Zone Products, Inc. Site"), including, but not limited to, all design, text and images, are owned, except as otherwise expressly stated, by Pro Zone Products, Inc., and may not be copied, reproduced, transmitted, displayed, performed, distributed, uploaded, rented, sublicensed, altered, stored for subsequent use, or otherwise used in whole or in part in any manner without the prior written consent of Pro Zone Products, Inc., except to the extent that such use constitutes "fair use" under the Copyright Act of 1976 (17 U.S.C. §107), as amended, and except for one temporary copy in a single computer’s memory and one unaltered permanent copy to be used by the viewer for personal and non-commercial use only, with an attached copy of this page containing Pro Zone Products, Inc.’s Copyright and Trademark Notices. Modification of the materials or use of the materials for any other purpose is a violation of Pro Zone Products, Inc.’s copyright and other proprietary rights.

You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Pro Zone Products, Inc. copyright, patent or trademark. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.

The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to PRO ZONE on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain PRO ZONE's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to PRO ZONE of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, PRO ZONE will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. PRO ZONE is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

You agree that PRO ZONE may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that PRO ZONE may use your information for marketing and promotional purposes.

PRO ZONE'S COMMUNICATIONS TO YOU
You agree that PRO ZONE may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of PRO ZONE's products or services, or for such other purpose(s) as PRO ZONE deems appropriate.

PRODUCT INFORMATION
Most PRO ZONE products displayed at the Site are available through select PRO ZONE distributors in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale at the Site may not be available in retail stores. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.

LINKS TO OTHER WEB SITES AND SERVICES
To the extent that this Site contains links to outside services and resources, the availability and content of which PRO ZONE does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.

DISCLAIMER
Pro Zone Products, Inc. may change, move or delete portions of, or may add to, this web site from time to time.

All materials, including without limitation, press releases reproduced on this site speak as of the original date of publication. Pro Zone Products, Inc. has no duty or policy to update any information or statements contained on this site and, therefore, such information or statements should not be relied upon as being current as of the date you access this site. Moreover, any portion of the materials available on this site may include technical inaccuracies or typographical errors. Changes may be made from time to time without notice to the materials available on this site and to the products described on this site.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PRO ZONE PRODUCTS, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PRO ZONE PRODUCTS, INC. DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THIS SITE. PRO ZONE PRODUCTS, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AVAILABLE ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS, THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT PRO ZONE PRODUCTS, INC.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PRO ZONE PRODUCTS, INC. BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY, INDIRECT, SPECIAL INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, SITE OR ANY DOWNLOADED MATERIALS, EVEN IF PRO ZONE PRODUCTS, INC. OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PRO ZONE PRODUCTS, INC.'S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO PRO ZONE PRODUCTS, INC., IF ANY, FOR PRODUCTS PURCHASED ON THIS SITE.

SOME U.S. STATES AND FOREIGN COUNTRIES PROVIDE RIGHTS IN ADDITION TO THOSE ABOVE OR DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR THERE MAY BE STATE PROVISIONS WHICH SUPERSEDE THE ABOVE. ANY CLAUSE OF THE DISCLAIMER DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER. THE TERMS OF THE DISCLAIMER MAY ONLY BE AMENDED IN A WRITING SIGNED BY PRO ZONE PRODUCTS, INC. AND ARE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA.

INACCURACY DISCLAIMER
From time to time there may be information on PRO ZONE that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.

INDEMNIFICATION
You agree to defend, indemnify and hold PRO ZONE harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

MISCELLANEOUS
Unless otherwise specified and except to the extent PRO ZONE products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting PRO ZONE's products and services available in the United States and select foreign markets. This Site is controlled and operated by PRO ZONE from its offices in Santa Barbara, California.

GOVERNING LAW AND JURISDICTION
Unless otherwise specified, this site is presented solely for the purpose of promoting products available in the United States and its territories, possessions, and protectorates. Pro Zone Products, Inc. makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

This Web site (excluding linked sites) is controlled by Pro Zone Products, Inc. from its offices within the State of California, United States of America. By accessing this Web site, you and Pro Zone Products, Inc. agree that all matters relating to your access to, or use of, this Web site shall be governed by the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof. You and Pro Zone Products, Inc. also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Santa Barbara County and the United States District Court for the Central District of California with respect to such matters. Pro Zone Products, Inc. makes no representation that materials on this Web site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, 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 in writing, signed by both parties.

TERMINATION
This Agreement is effective unless and until terminated by either you or PRO ZONE. You may terminate this Agreement at any time. PRO ZONE also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in PRO ZONE's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or PRO ZONE, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.