Terms of Service / Privacy Policy / Refund Policy - Version 2.5

Terms of Service Version 2.5 Last Updated: 2010-11-19 -------------------- What’s changed in this version: * Refund policy details added * RubberZone and PupZone unified in one Terms of Service document * Contact information updated * ZoneSites DBA introduced * Profile data usage paragraph moved from main TOS to Privacy Policy section * Various headings and dividing lines added for clarity -------------------- “Site” refers to RubberZone.com, PupZone.com and its affiliate web sites and services. “Management” refers to ZoneSites (DBA) and its parent, partner and affiliate companies. Welcome to the Site. Please review the following basic rules required for your use of Site products and services. Please note that in addition to your initial confirmation of this agreement, your subsequent use of Site services constitutes your continued agreement to follow and be bound by these terms. You may review this agreement at any time in the future by clicking on the “Terms of Service” link at the bottom of most pages. Changes to Agreement We may from time to time change this agreement. Your use of our Site following any such change constitutes your agreement to follow and be bound by the rules as changed. You will be notified of any agreement changes on your first attempt to log in after the changes have been posted. Copyrights and Trademarks The Site and related trade names and trademarks used herein and on related sites (such as the store) are trademarks of the Management and its respective owners and affiliated partners. The contents of the Site, including images, illustrations, designs, icons, photographs, music, video clips, and written and other materials that are part of the Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned by the Management, our contributors, and affiliates. Links to other Web Sites and Services To the extent that the Site contains links to outside services and resources, the availability and content of which the Management 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. Content Usage By providing Content to the Site, you agree to allow such Content to be displayed on The Site and, by extension, to be distributed to Site users via the Internet. Further, you agree to allow such Content to be used in Site promotions and to be used by affiliate sites. Identification In certain circumstances, including with reference to explicit uploaded content, the Management may request identification documents including Photo ID to verify identity and/or age. You agree that failure to fully and promptly comply with such requests may result in the termination of Site services without notice, compensation, or refund. Deletion of Content In most circumstances, requests for removal of your Content from this site are honored, with specific limitations: Correspondence (private messages, forum posts, including images and other non-textual Content) will remain in relevant databases and may continue to be read by site members. Raw materials, such as uploaded photos, may continue to be kept on file for administrative purposes. Residual profile records, or records required for continued administrative purposes, may be kept in Site databases. However, the Management will take reasonable steps to mark such records as “deleted” where applicable to prevent such records from showing up to normal Site users. Content which has been uploaded under a “Share for Access” policy may be subject to additional terms and restrictions as bound by a separate agreement entered into at the time of contribution. Adult Content Some of the content on this site is of a nature suitable for viewing only by adults. You agree that you are an adult, and that is legal for you, in any locality in which you may access the Site, now or in the future, to view adult-oriented sexual content. Furthermore, you agree that you are seeking to view Site content using a computer which you own or otherwise have permission to use in such a manner, and that you will take reasonable steps to ensure that all other users of said computer are of legal age and that you will not share your site password with other individuals. You agree that at any time your subjective views regarding Site content change, and that you no longer wish to view Site content, you will inform the Management in writing that you wish to have your access terminated. Unlawful Activities You agree not to participate in any unlawful activity or to solicit participation in unlawful activity using Site resources. You agree that if you are discovered to be involved in unlawful activity, Management may turn over your information to legal authorities. You agree that it is not practical or desirable for the Management to screen all users and/or Content for unlawful activities, and that it is your responsibility, upon discovering any suspect content or activity, to notify Management in writing. Termination and Abuse The Management reserves the right to terminate service, without compensation or refund, to any members it deems to be in violation of policy or otherwise utilizing the Site in an inappropriate manner. Investigation From time to time, Management may require additional information from users, such as photo identification or a credit card authorization, to verify identity, especially, but not including, in the event of the receipt of a complaint. You agree to supply such relevant information when contacted by Management, and that failure to provide correct information in a timely manner will result in termination of services without compensation or refund. Disclaimers EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE SITE AND ALL CONTENTS, AND ALL PRODUCTS AND SERVICES OFFERED ARE PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MANAGEMENT DISCLAIMS ALL WARRANTIES OF ANY KIND IN CONNECTION THEREWITH, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, THE MANAGEMENT DOES NOT WARRANT THAT YOUR USE OF THE SITE, OR THE OPERATION OR FUNCTION THEREOF; THAT SERVICES OFFERED IN CONNECTION THEREWITH WILL BE UNINTERRUPTED OR ERROR FREE; THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH THE MANAGEMENT ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION CONTAINED THEREIN. YOU ACKNOWLEDGE, BY YOUR USE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE. THE MANAGEMENT SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE PRODUCTS OR SERVICES EVEN IF PURCHASED, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY, EVEN IF THE MANAGEMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Indemnification By using this Site you agree to defend, indemnify and hold The Management and affiliates harmless from and against any and all claims, damages, costs and expenses, including attorney fees, arising from or related to your use. -------------------- Privacy Policy: Our privacy policies are continuously changing due to the dynamic nature of information technology and Internet law. The following policy statement may change without notice, and customers are encouraged to check this page for the newest in policy changes. Our policy is to always try to respect your privacy. The Management has never sold or traded customer information to third parties. The Management will not knowingly use personal customer information in ways which violate laws of the Unites States of America. Email The Management is opposed to spam and supports legislation to end untargeted mass "annoyance" E-mail. However, The Management may use E-mail lists in the following ways: 1. To send test and verification emails to determine the validity of your email address. 2. To send news of new features and Site updates. 3. To send promotions about products offered by The Management. 4. To send promotions on behalf of a third party, without directly disclosing our E-mail lists to the third party. Paid members (subscribers) and Contributing members will be able, via an email preferences setting, to opt-out of methods 3 and 4, above. Profile Distribution and Data Usage This Site is designed to link site members via profiles, messaging, and other means of sharing content. You agree that profile data you provide may be shared with others, and that as such other people unknown to you and outside the control of the Management may contact you and that such correspondence, even if delivered via Site services, is not necessarily screened, endorsed, or witnessed by the Management. Additionally, The Management may share aggregate data with third parties such as for the verification of banner ad performance and to provide information about the overall makeup and usage of the Site. Site customers, members, system administrators, and other persons may legitimately access personal information you enter in our systems. Your information and/or personal content may be used to resolve billing disputes or for other administrative purposes. Management may provide information in response to specific law-enforcement enquiries, and shall comply with such requests as required by law. Use our Site and systems at your own risk. Computer information systems and global information networks contain inherent security vulnerabilities, and unknown third parties including government entities may be monitoring network traffic. Management makes no warranties about privacy, safety or security of customer information and content. Management will not be held responsible for any damages that result from use of our systems. Our store uses a product recommendation system that uses aggregate order information based on products you order. This system allows customers to identify similar products and locate popular items. If you have any questions about our policy, please feel free to contact us. -------------------- Refund Policy: Subscriptions Subscriptions to the Site are sold both on a single-purchase and recurring basis. Refunds are given, when requested in writing, for the following situations: * Accidental duplicate purchase * Completely unutilized Subscription * Evidence of fraud or unauthorized transaction * Recurring billing of a Subscription previously cancelled in writing In all cases Management will evaluate the circumstances of a refund request and shall make the final determination as to whether a refund is warranted. Important: Subscriptions which are used for any portion of their duration are not eligible for refunds. Once Site content has been access or downloaded using your Subscription it is assumed that the Subscription is utilized. Merchandise Unless otherwise noted, unopened, unworn, unused and defective merchandise may be returned within 30 days of receipt of shipment. Return shipping costs are paid by you and return shipping arrangements including an RMA number must be requested in writing, in advance of return shipment. Media titles (such as, but not limited to DVDs) may only be exchanged for the same title. In all cases Management will evaluate the circumstances of a return request and shall make the final determination as to whether a return is valid, and as to whether a refund and/or store credit is warranted. Important: Custom items, out-of-stock, clearance, and discontinued items, as well as items specifically noted in the store item description, may be subject to alternate return policies. -------------------- BINDING AGREEMENT Your agreement to the above terms is executed by your checking the “TOS Agreement” box below, followed by subsequent clicking of the “Accept” button. Your affirmation of your age is executed by your clicking of the “Age Agreement” box below, followed by subsequent clicking of the “Accept” button. Authority to engage in electronic agreements online is governed by the ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. For more information, visit: http://www.ftc.gov/os/2001/06/esign7.htm -------------------- Contact Information Note: The preferred method for you to contact us is via the “Contact Us” button in the menu bar on most Site pages. ZoneSites (DBA), PO Box 55421, Portland, OR 97238, United States, 503-512-0128