Welcome to the Zutano.com website (the “Site”), which is owned and operated by Zutano, Inc. Please review the following terms and conditions, which govern your use of the Site (“Agreement”). Your use of the Site constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use the Site.
product and pricing information/returns policy
Although Zutano makes every effort to display our products and their colors as accurately as possible, the displayed colors of the products will depend upon your monitor, and Zutano cannot guarantee that your monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Zutano is not responsible for typographical errors regarding price or any other matter. If a product offered by Zutano is not as described, promoted, offered or priced, your sole remedy is to return it as described in our Returns and Exchange Policy [link to policy], which governs any purchases you make on the Site.
links to third party websites
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, data compilations, and software (collectively, “Content”), is the sole and exclusive property of Zutano or its content suppliers and is protected against unauthorized use by United States and international copyright laws.
Zutano service names, graphics, logos, images, content, page headers, button icons, and scripts, including ZUTANO, are trade names, trademarks, services marks, or trade dress of Zutano in the United States and/or other countries. Zutano’s trade names, trademarks, service marks and trade dress may not be used in connection with any product or service that is not Zutano’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Zutano. All other marks not owned by Zutano that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by, Zutano.
restrictions on use of content
Visitors may access this Site and the Content available on this Site solely for personal use for the purpose of browsing for and purchasing products, in accordance with the applicable terms of this Agreement. Except as permitted above and as may be specifically agreed in writing by Zutano, no Content from this site may be used, reproduced, transmitted, distributed, downloaded, displayed, modified or otherwise exploited in any way. All users agree to refrain from copying, modifying, reverse engineering, decompiling or disassembling any software code included in the Content.
license and site access
Zutano grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Zutano. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any listings, descriptions, ratings or rankings; any derivative use of this Site or its contents; or any use of data mining, robots, or similar data gathering or extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Zutano. Any unauthorized use terminates the permission or license granted by Zutano. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Zutano so long as the link does not portray Zutano, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Zutano logo or other proprietary graphic, trademark or service mark as part of the link without express written permission.
diclaimer of warranties and limitations on liability
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY ZUTANO ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ZUTANO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ZUTANO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ZUTANO DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; ITS SERVERS; OR EMAIL SENT FROM ZUTANO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ZUTANO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDE ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
applicable law and disputes
This Agreement is governed by the laws of the State of Vermont, USA, without regard to principles of conflict of laws. Any dispute relating to your use of services provided by Zutano, or to this Agreement, shall be adjudicated in any state or federal court in Vermont, and you consent to exclusive jurisdiction and venue in such courts.
Zutano respects the intellectual property rights of others. It is our policy not to permit materials known by Zutano to infringe another party’s copyright to remain on the Site. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Zutano by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512) to our copyright agent set forth below:
- 1 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 2 Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- 3 Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Zutano to locate the material;
- 4 Information reasonably sufficient to permit Zutano to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- 5 A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- 6 A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
c/o Zutano Global
1785 Coits Pond Road
Cabot, VT 05647
You agree to indemnify and hold Zutano, and its parents, subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any fines, loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site and/or from any breach of this Agreement.