1. ACCEPTANCE OF TERMS
Welcome to ZooLoo, by accessing or using our web site at www.zooloo.com or the mobile version thereof (together the "Site"), by posting a Share Button on your site, or by accessing or using the website creation service (the "Service"), you signify that you have read, understand and agree to be bound by these Terms of Service ("TOS"), whether or not you are a registered member of ZooLoo. Please read these TOS carefully prior to using or obtaining any information, materials or services from this web site. These TOS will also be applicable to the use of the Service on a trial basis.

ZooLoo reserves the right to update and change these TOS from time to time. If we do this, we will post the changes to these TOS on this page and will indicate at the top of this page the date these TOS were last revised. It is your responsibility to regularly check this page to determine if there have been changes to these TOS and to review such changes. Your continued use of the Service or any related website after any such change constitutes your acceptance of the new TOS.

No information from children under age 13. If you are under age 13, please do not attempt to register for ZooLoo or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under age 13, please contact us at abuse@zooloo.com.

Parental participation. We strongly recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the Internet and we encourage parents to teach their children about safe Internet use practices. Materials to help parents talk to their children about safe internet use can be found at sites such as this http://kids.getnetwise.org/safetyguide/.

2. DESCRIPTION OF SERVICE
The Service is web-based and allows users that register for an account on the Service (an "Account Holder") to create and update an online web site on ZooLoo.com. Once registered with the Service, each Account Holder receives access to a Web Site, for which ZooLoo retains control, to post Content (as such term is defined in Section 6). You acknowledge and agree that the form and nature of the Services which ZooLoo provides may change from time to time without prior notice to you. Unless explicitly stated otherwise, any new feature that augments or enhances the current Service, including the release of new ZooLoo tools and resources, shall be subject to these TOS. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You also understand and agree that the service may include certain communications from ZooLoo, such as service announcements and administrative messages and that these communications are considered part of ZooLoo membership. You agree not to access the Service by any means other than through the interfaces that are provided by ZooLoo for use in accessing the Service.

For Paid Accounts, (Plus, Standard, Professional or Ala Carte), ZooLoo registers a domain on behalf of the Account holder and retains ownership of the domain. Account holders who purchase Plus accounts and elect to subscribe monthly, acknowledge that they are responsible for the cost of the domain name of $8 which requires 4 months of paid service. If a Plus account cancels the service before 4 months, they are subject to being billed for any balance due for the domain cost. Subject to the Registrar's terms of service and applicable ICANN policies, upon written notice, payment of the transfer fee and payment of fair market value for the domain, ZooLoo will transfer ownership and control of a domain to Account Holder.

Design Services
Design services sold by ZooLoo are as detailed on the ZooLoo website at the time of sale. This includes Website Design and Graphic Design for Skins, Personal Sites and Professional Sites.

Search Engine Optimization Services
ZooLoo offers search engine optimization Services. Various Search Engine Services sold by ZooLoo are as detailed on the ZooLoo website (www.zooloo.com) at the time of sale. ZooLoo, at their sole discretion, may use 3rd party suppliers to deliver all or any part of the Search Services.

3. TERM

All Services (excluding Domain Names)
For all Services (other than Domain Names, which are dealt with separately below), the initial term of this Agreement will commence on the date of activation of software products or the date the relevant services are first provided by ZooLoo (as applicable). After the conclusion of the initial term, the term shall automatically renew for a further term of the same period (eg: a 1 month term will renew for a further 1 month). Unless notice is provided to ZooLoo by You more than 10 working days prior to expiry of the initial or any subsequent term, this Agreement will automatically be extended by a further terms of the same period on ZooLoo's then current terms and conditions. Your failure to give a notice cancelling the Services prior to the commencement of this 10 working day period will constitute acceptance by You of the next renewal. ZooLoo may cancel or elect not to renew the Services at any time by delivering to You a written notice of non-renewal at least 10 working days prior to the expiry of the initial term or any subsequent term.

Domain Name Purchases
The term of the domain name license (ie: that period of time for which the license is granted to You) will be1 or 2 years for a .com, .net, .info or .me domain name. When You purchase a domain name from ZooLoo You will be purchasing the use of the domain name for the specified term, unless otherwise agreed with ZooLoo. Account holders who purchase Plus accounts and elect to subscribe monthly, acknowledge that they are responsible for the cost of the domain name of $8 which requires 4 months of paid service. If a Plus account cancels the service before 4 months, they are subject to being billed for any balance due for the domain cost.

It is Your sole responsibility to ensure that registration of a domain name is renewed when necessary and ZooLoo takes no responsibility for losses or expenses arising out of any failure by You as the Licensee of any domain name to renew the registration of a domain name.

4. REGISTRATION
You agree that ZooLoo may for any reason, in its sole discretion and without liability to you, refuse to accept a registration and also may delete a registration, terminate an account and/or cancel the Service at any time.

To be an Account Holder with your own web site and use the service, you must provide ZooLoo with a valid email address and other information ("Registration Data"). As an Account Holder, you will choose a password and account designation for your web sites during the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) ensure that you exit from your account at the end of each session, and (b) immediately notify ZooLoo in writing of any unauthorized use of your password or account or any other breach of security. ZooLoo cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.

In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ZooLoo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ZooLoo has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). The Service is offered to Account Holder conditioned upon Account Holder's acceptance without modification of this Agreement. Account Holder acknowledges that, from time to time, it may be necessary for ZooLoo to update or revise certain provisions of the Agreement. By signing up for any ZooLoo Service and accepting this Agreement, Account Holder agrees that ZooLoo may change the terms of the Agreement in its sole discretion without specific notice to Account Holder. If Account Holder does not agree to the changes proposed by ZooLoo, or to any terms in the Agreement, Account Holder's sole and exclusive remedy is to cancel Account Holder's ZooLoo Service. Notwithstanding the foregoing, ZooLoo reserves the right to cancel, suspend, or refuse access to the Service to anyone in its sole discretion. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Service shall be subject to this Agreement.

5. RIGHT OF REFUSAL
You agree that ZooLoo, in its sole discretion and without liability to you, may refuse to accept the registration of any domain name. ZooLoo also may in its sole discretion and without liability to you delete the registration of any domain name during the first twenty one (21) days after registration has taken place. ZooLoo may also cancel without liability to you the registration of a domain name, after twenty one (21) days, if that name is being used, as determined by ZooLoo in its sole discretion, in association with violations of this agreement, illegal, inappropriate or objectionable activities (collectively, "objectionable activities"), including, but not be limited to: infringement of an intellectual property right of another; violation of, or activities designed to violate, another's privacy or right or publicity; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which you or ZooLoo conducts business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene or racially, ethnically, or otherwise objectionable; and activities designed to harm or use unethically minors in any way.

In the event ZooLoo refuses a registration or deletes an existing registration during the first twenty one (21) days after registration, you will receive a refund of any fees paid to ZooLoo in connection with the registration either being canceled or refused. In the event ZooLoo deletes the registration of a domain name being used in association with objectionable activities, no refund will be issued.

6. CANCELLATION AND TERMINATION
If you cancel the Service, your cancellation will take effect immediately. After cancellation, you will no longer have access to your Web site and all information contained therein may be deleted by ZooLoo. ZooLoo accepts no liability for such deleted information or content. ZooLoo will transfer a domain into Account Holder control once a transfer fee and applicable transfer conformance have been met.

You agree ZooLoo, in its sole discretion and without liability to You, may terminate your password, and/or account, and remove and discard any Content within the Service (including, but not limited to your web site if you are an Account Holder), for any reason, including and without limitation, the lack of use, or if ZooLoo believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted web site (as applicable) and all its parts, at ZooLoo's discretion, will be terminated as well. ZooLoo may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that ZooLoo may immediately deactivate or delete your web site, as applicable, and all related information and files. ZooLoo reserves the right to bar any further access to such files or the Service. You agree that ZooLoo shall not be liable to you or any third-party for any termination of your access to the Service.

7. ZooLoo PRIVACY POLICY
Registration Data, your website activity as it relates to "Private" ZooLoo member accounts, and certain other information about you are subject to our Privacy Policy, the terms of which are incorporated into this TOS by reference.

8. CONTENT AND CONDUCT RULES AND OBLIGATIONS
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the person from which such Content originated. You, and not ZooLoo, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service ("User Content"). ZooLoo does not control or monitor the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, privacy of public area, or quality of such Content.

Users who sign up for ZooLoo services acknowledge that any content they create, publish or share on their "Graffiti" page is publicly available by default. If a user does not want their Graffiti page to be publicly viewable by other internet users, they have the option to use the capabilities of ZooLoo's Privacy Manager tool to make their Graffiti page completely private or viewable only by individuals or groups that they specifically provide access for via the Privacy Manager tool. The Privacy Manager tool is part of the Standard and Professional packages or can be purchased as an Add-On service by users of the free ZooLoo service as well as those using the Plus package.

You understand that by using the Service you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable. ZooLoo does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and any Content is solely at your own risk. You acknowledge that ZooLoo does not pre-screen Content, but that ZooLoo and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move or delete any Content that is available via the Service. Without limiting the foregoing, ZooLoo and its designees shall have the right to remove any Content that is illegal, violates these TOS or is otherwise objectionable in ZooLoo's sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by ZooLoo or submitted to ZooLoo. You acknowledge and agree that ZooLoo may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of ZooLoo, its users and the public.

You understand that the technical processing and transmission of the Service, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Should any Content be found or reported to be in violation with, but not limited to, the following terms, it will be in ZooLoo's sole discretion as to what action should be taken.

You agree that you will not:

(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;

(b) harm minors in any way;

(c) impersonate any person or entity, including, but not limited to, a ZooLoo official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(d) disguise the origin of any Content transmitted through the Service by, for example, forging headers or manipulating identifiers;

(e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;

(g) upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (a) sending mass email to recipients who haven't requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;

(h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

(j) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

(k) "stalk", "bully" or otherwise harass another member;

(l) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;

(m) offer for sale or sell any item, good or service that (a) violates any applicable federal, state, or local law or regulation, (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (c) ZooLoo determines, in its sole discretion, is inappropriate for sale through the Service provided by ZooLoo;

(n) use the Service as a forwarding service to another website;

(o) solicit passwords or personal identifying information for commercial or unlawful purposes from other users;

(p) exceed the scope of the Service that you have signed up for; for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other peoples comments or content;

(q) make any automated use of the system.

If any user is reported to be in violation with the letter or spirit of these terms, ZooLoo retains the right to terminate such account at any time without further warning.

9. FEES/PAYMENT
ZooLoo provides flexible pricing, no contracts and the ability to upgrade or cancel at any time for any reason. Unless you sign up for a yearly plan, all ZooLoo account plans are month to month. Discounts are offered for up front yearly commitments as indicated on the ZooLoo.com web site. There are no refunds on yearly service contracts.

Features on the Packaged Service or ala carte items require payment of fees. If you elect to sign up for these features, you shall pay all applicable fees, as described on the Service in connection with such features selected by you. ZooLoo, Inc. reserves the right to change its prices and at any time. You authorize ZooLoo, Inc. directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. You agree to pay for any such taxes that might be applicable to your use of the Service and payments made by you herein.

10. ADDITIONAL SOFTWARE
With respect to any additional software that may be made available by ZooLoo in connection with the Service, if you elect to download or access such additional software or third party Content made available through the Service, you understand that you may have to agree to additional terms and conditions before you use such software or third party Content.

You also agree that the use of any third party software or Content obtained through the Service does not transfer to you any rights, title or interest in or to the software or such Content, and that you will not use any Content made available to you through the software or the Service except as expressly authorized under that third party provider's terms of service or license. For greater certainty, by downloading software or Content made available through the Service, you are deemed to agree to the terms of service or license agreement posted on the Service, the terms of which are incorporated by reference herein for the benefit of such third party providers. If you do not agree to the terms of service or license agreement, do not download the software or Content.

11. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

12. CONTENT SUBMITTED
ZooLoo does not claim ownership of your User Content. By submitting Content to ZooLoo for inclusion on your ZooLoo web site, you grant ZooLoo a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing and promoting your web site on ZooLoo's Internet properties, and for other ZooLoo promotional purposes. Furthermore, in the event that ZooLoo is involved in a sale, merger or other divestiture of any portion of its business assets, User Content may be included in the transferred assets, without any notice, or approval from you or any third party.

The license for submitted User Content exists only for as long as you continue to be a customer of ZooLoo, or its successors, and shall be terminated at the time your Web site is terminated. However, you may remove your User Content from the Site at any time. If you choose to remove any User Content, the license granted to Zooloo, with respect to the User Content that is removed only, will automatically expire (except for Zooloo preserving any archived copies of such User Content on its servers).

From time to time, ZooLoo may run special promotions and/or contests ("Contests") that may involve submitting content ("Contest Content"). ZooLoo's rights and obligations with regard to Contest Content will be governed by the specific contest terms which may override any or all of the provisions in this TOS.

Copyright Complaints We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the ZooLoo website or service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described in our ZooLoo Copyright Policy, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act.

Notification of Alleged Copyright Infringement If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent.

If you believe that your own copyrighted work is accessible on the ZooLoo website or service in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c)(3) that contains substantially the following information:

1. Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material.

2. Identify the URL or other specific location on the ZooLoo website or service that contains the material that you claim infringes your copyright described in Item 1 above. You must provide us with reasonably sufficient information to locate the alleged infringing material.

3. Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.

4. Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

5. Include a statement by you that the information contained in your notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.

6. Include your name, mailing address, telephone number and email address.

You may send your Notification of Alleged Copyright Infringement to our Designated Agent by fax, mail, or E-Mail as set forth below:

ZooLoo Designated Copyright Agent
ZooLoo, Inc.
18835 Thompson Peak Parkway
Scottsdale, Arizona 85255
Phone: 480.284.8279
Fax: 480.284.7376
E-Mail: copyright@zooloo.com

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, ZooLoo has adopted a policy of terminating, in appropriate circumstances and at ZooLoo's sole discretion, members who are deemed to be repeat infringers. ZooLoo may also at its sole discretion limit access to the ZooLoo web sites and services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

13. ADVERTISERS
You understand and agree that the Service may include advertisements and that these advertisements are necessary for ZooLoo to provide the Service. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that ZooLoo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

14. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. ZooLoo has no control over and does not monitor such sites and resources. You acknowledge and agree that ZooLoo is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ZooLoo 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.

15. INDEMNITY
You agree to indemnify and hold ZooLoo, and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your Guests activities, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. You are responsible for your actions when using the Service, including, but not limited to, costs incurred for Internet access.

16. RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell, outsource, reverse engineer or exploit any portion of the Service, use of the Service, or access to the Service, without the express written permission by ZooLoo.

17. MODIFICATIONS TO SERVICE
ZooLoo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that ZooLoo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

18. ZOOLOO'S PROPRIETARY RIGHTS Proprietary Rights in Site Content; Limited License
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree that ZooLoo or its licensor holds all rights, title and interest in all Software and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such intellectual property rights is being transferred to you and you agree to make no claim of interest in any such Software. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by ZooLoo or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

ZooLoo does not want to receive confidential or proprietary information from you through the Service or by email. Unless otherwise agreed in writing by an authorized ZooLoo representative, any material, information or idea you transmit to ZooLoo by any means may be disseminated or used by ZooLoo or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to User Content (as defined herein), or to personal information that is subject to our Privacy Policy.

All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the ZooLoo, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the ZooLoo's prior written permission, except that the foregoing does not apply to your own User Content that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these TOS and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of ZooLoo, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these TOS shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, INCLUDING THE WEBSITE AND/OR ANY CONTENT, DATA, INFORMATION, LINKS, SERVICES, FUNCTIONALITY OR ACCESSIBILITY, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ZOOLOO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) ZOOLOO WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, ZOOLOO IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. ZOOLOO DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ZOOLOO SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER SOFTWARE, EQUIPMENT OR OTHER PROPERTY, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ZOOLOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

21. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.

22. GOVERNING LAW; VENUE AND JURISDICTION
By visiting or using the Site and/or the Service, you agree that the laws of the State of Arizona, without regard to principles of conflict of laws, will govern these TOS and any dispute of any sort that might arise between you and ZooLoo or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Arizona, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Arizona.

23. ARBITRATION
YOU AND ZOOLOO AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TOS, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party may be arbitrated.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes (the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, ZooLoo will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TOS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than one (1) year after the cause of action arose.

24. U.S. GOVERNMENT RESTRICTED RIGHTS
The materials on the Service are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of ZooLoo's proprietary rights in them.

25. GENERAL
Notices to you may be made via email, regular mail or ZooLoo's internal notification mechanism. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. The TOS and the relationship between you and ZooLoo shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions. You and ZooLoo agree to submit to the personal and exclusive jurisdiction of the courts located within Phoenix, Arizona. The failure of ZooLoo to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and ZooLoo and govern your use of the Service, superseding any prior agreements between you and ZooLoo (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other ZooLoo services, third-party content or third-party software. If any provision of the TOS or incorporated document is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

26. VIOLATIONS
Please contact us to report any violations of these TOS.

Last Revised: January 2010

^ back to top