Terms and Conditions

Terms and Conditions

Please carefully read the following Terms of Use before using the zonecoverage.com website (“Site”) owned and operated by Dinky Town Media, LLC d/b/a ZONE COVERAGE. By accessing this Site, you agree to be bound by these Terms of Use. These Terms of Use may be updated from time to time. Accordingly, you should check the date of the Terms of Use (which appear at the end of this document) and review any changes since the last version. If at any time you do not agree to these Terms of Use, please do not use this Site.

This website is operated by ZONE COVERAGE. Throughout the site, the terms “we”, “us” and “our” refer to ZONE COVERAGE. ZONE COVERAGE offers this Site, including all information, tools and services available from this site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your continued use of this site constitutes your agreement to these Terms of Use.

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Site and receipt of data, materials and information available at or through the Site.

USAGE RESTRICTIONS INTELLECTUAL PROPERTY

All of the content you see and hear on the ZONE COVERAGE.com website (the “Site”), including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by ZONE COVERAGE, one of its affiliates or by third parties who have licensed their materials to ZONE COVERAGE. The entire content of the ZONE COVERAGE.com web site is copyrighted as a collective work under international copyright laws, and coordination, arrangement and enhancement of the content. The contents of the ZONE COVERAGE.com web site, and the site as a whole, are intended solely for the personal, noncommercial use by the users of our site. You may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining written permission from ZONE COVERAGE. Some services on the Site may permit or require you to create an account to participate in the Site or to purchase our products. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information. You also agree to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Site. We may suspend or terminate your account and your ability to use the Site or portion thereof for failure to comply with these Terms of Use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to ZONE COVERAGE.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain ZONE COVERAGE property. Such disclosure, submission or offer of any Comments shall constitute an assignment to ZONE COVERAGE of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, ZONE COVERAGE 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. ZONE COVERAGE 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 rights(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.

INACCURACIES

We endeavor to present the most recent, most accurate, and most reliable information on our website at all times. However, there may be occasions when some of the information featured on www.ZONE COVERAGE.com may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologize if erroneous information is reflected in merchandise price, item availability, or in any way affects your individual order. Please be aware that we present our content ‘as is’ and make no claims to its accuracy, either expressed or implied. We reserve the right to correct errors or to update product information at any time without prior notice. In the event a ZONE COVERAGE product is listed at an incorrect price due to error, ZONE COVERAGE shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. ZONE COVERAGE.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, ZONE COVERAGE shall issue a credit to your credit card account in the amount of the incorrect price.

TERM/TERMINATION

These Terms of Use are applicable to you upon your accessing the site or completing the registration or shopping process. All provisions of these Terms of Use shall survive any termination of your account.

NOTICE

www.ZONE COVERAGE.com may deliver notice to you by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in www.ZONE COVERAGE.com account information.

ENFORCEMENT OF TERMS AND CONDITIONS

By accessing and using the www.ZONE COVERAGE.com web site, you agree that your access to and use of the www.ZONE COVERAGE.com web site is subject to these Terms of Use, as well as all applicable laws, as governed and interpreted pursuant to the laws of the State of Minnesota, United States of America.

USE OF SITE

Harassment in any manner or form of the Site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a ZONE COVERAGE or other authorized employee, host, or representative as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through this Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use this Site to solicit others to join or become members of any other commercial online service or organization.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless ZONE COVERAGE, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of these Terms of Use or any activity related to your account or your use of this Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.

THIRD PARTY LINKS

In an attempt to provide increased value to our visitors, ZONE COVERAGE may choose various third-party web sites to link to from its own site. However, even if the third party is affiliated with ZONE COVERAGE, ZONE COVERAGE has no control over these linked sites, all of which have separate privacy and data collection practices, independent of ZONE COVERAGE. ZONE COVERAGE has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, ZONE COVERAGE seeks to protect the integrity of its website and therefore requests any feedback on sites it links to (including if a specific link does not work).

DISCLAIMER

THIS SITE AND THE MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. ZONE COVERAGE DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMNT. ZONE COVERAGE DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ZONE COVERAGE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE OR IN ANY OTHER SITE PROVIDED IN A LINK FROM THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

LIMITATION OF LIABILITY

ZONE COVERAGE SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF THIS SITE OR ANY OTHER SITE PROVIDED IN A LINK FROM THIS SITE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR IN ANY OTHER SITE PROVIDED IN A LINK FROM THIS SITE, OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF ZONE COVERAGE HAS BEEN ADVISED OF THE POSSIBILITY OF 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.

This Site is not intended to be a substitute for the services of trained professionals in any field, including, but not limited to, medical matters. Always seek the advice of your physician with any questions you may have regarding your physical or mental health and wellness. If you think you may have a medical emergency, call your doctor or 911 immediately. We make no representations or warranties concerning any treatment, action, application or usage of dietary supplements, medication, preparation or other product or service by any person following the information offered or provided within or through the Site. Reliance on any information appearing on the Site is strictly at your own risk. Neither we, our affiliates nor any of the officers, directors, owners, employees, independent contractors, agents, representatives and assigns of each will be liable for any direct, indirect, consequential, special, exemplary or other losses or damages that may result including, but not limited to, economic loss, injury, illness or death.

This Site may contain the opinions and views of other users. We cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users. Site content is intended for educational and entertainment purposes only. Such content is not intended to, and does not, constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical or wellness condition. You should not act or refrain from acting on the basis of any content included in, or accessible through, the Site without seeking the appropriate medical or other professional advice on the particular facts and circumstances at issue from a doctor or other trained health care professional licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

DISPUTE RESOLUTION

You agree that: (1) any and all disputes, claims, and causes of action arising out of or in connection with these Terms of Use, or this Site shall be resolved individually, without resort to any form of class action, by binding arbitration to take place in Minneapolis, Minnesota in accordance with the rules of the American Arbitration Association; (2) any and all claims, judgments, and awards shall be limited to the actual out-of-pocket amount paid by you to ZONE COVERAGE for accessing the Site, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and each Site user hereby waives all rights to claim punitive, incidental, or consequential damages, any other damages other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms of Use, or the rights and obligations of users and us in connection with these Terms of Use, shall be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Minnesota or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Minnesota. If any of these Terms of Use are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining Terms of Use, and will not affect the validity and enforceability of the remaining provisions.

No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. In these Terms of Use, the word “including” is used illustratively, as if followed by the words “but not limited to.” YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THIS OR ANY OTHER SITES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE DISPUTE, CLAIM OR CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.