Last update: July 6, 2008

This User Agreement (or "Agreement") is a legal agreement between you and Avelar Systems, LLC, governing your participation on the zebra360® site. By using, accessing or registering as a member of zebra360, you agree to be bound by and hereby become a party to all the terms of this Agreement. If you do not agree with the terms and conditions in this Agreement, you may not use zebra360. If you visit or shop at zebra360, you accept these conditions.

We can amend this Agreement either by emailing you about the amended terms, which take effect when we send you the email, or by posting the amended terms on zebra360, which take effect when we post them. By continuing to access or use zebra360 after any such amendment, you agree to be bound by the terms of the amended Agreement. Otherwise, this Agreement may be amended only by a writing physically signed by us.

Children's Use

zebra360 is not designed or intended for use by children under 13, although merchants listed on our Web site may offer children's products for purchase by adults. If you are under 18, you should use zebra360 only with involvement of a parent or guardian. Children under 13 may not submit any personally identifiable information to us, and if we discover that we have inadvertently gathered any such information from a child under 13, we will take appropriate steps to delete it.

Privacy

Please review our Privacy Notice, which also governs your visit to zebra360, to understand our practices.

Site Policies, Modification, and Severability

Please review our other policies, such as our privacy policy, posted on this site. These policies also govern your visit to zebra360. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Registration

Certain features and services on zebra360 require that you register on the site. You agree as a condition of use and registration that we may contact you to inform you of changes to this Agreement or describe new services available on zebra360. You are responsible for safeguarding the password that you use to access any secure areas of zebra360. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify zebra360 of any unauthorized use of your password.

Electronic Communications

When you visit zebra360 or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Content

zebra360 provides a number of different services to assist you in comparison shopping for products. Zebra360 provides information regarding products and third-party merchants, and links to third-party merchants that are selling listed products. The products listed on zebra360 are sold by third-party merchants, not by zebra360.

You acknowledge that zebra360 does not sell, resell or license any products listed on zebra360, nor is zebra360 acting as an agent of sale. We are merely making it easier for you to buy from merchants who choose to offer goods using zebra360. You acknowledge that zebra30.com disclaims any responsibility for or liability related to such products (see Disclaimer of Warranties below). You agree to direct any question, complaint or claim about merchants (for example, about their products, customer service for their products or delivery) to the appropriate merchant or seller.

zebra360 does not warrant that product descriptions, pricing, editorial commentary or any other content on zebra360, regardless of its source, is accurate, complete, reliable or current. zebra360 content is provided for informational purposes only and does not constitute an endorsement by zebra360 of any product, service or merchant. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss (see Disclaimer of Warranties and Liability Limits below). zebra360 assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings (e.g., user merchant rating or user product rating) or other content on zebra360.

Consumer reviews and ratings on zebra360 are from our members who have elected to post a review on zebra360. As such, these reviews and ratings are informative for those wishing to use them, but they do not guarantee any level of performance by a merchant or other third party in any given transaction.

Participating merchants and other third parties may pay zebra360 to be presented on zebra360 or to have their product or service offerings placed higher in our search results and may also purchase research from zebra360, but in no event do such payments affect the reviews or ratings given to any merchant by participating members.

You may download, view and print a single copy of any content, solely for your personal and non-commercial purposes, subject to the restrictions set forth in this Agreement. All right, title and interest in and to zebra360 and any content appearing on zebra360 will remain the exclusive property of zebra360 and its licensors. Except as expressly permitted in this Agreement, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit or otherwise use zebra360 or any other content appearing on zebra360. You may not copy or modify the HTML code used to generate web pages on zebra360. You may not use zebra360, or any other content appearing on zebra360, on or in connection with any other website for any purpose.

Content Submission

By contributing or submitting any content to zebra360, you warrant that you are the author and owner of the intellectual property rights thereto, and you grant zebra360 a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell and distribute, or incorporate such materials into any form, medium or technology, without compensation to you. In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of zebra360, its agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. zebra360 reserves the right to change or delete any content on zebra360 that zebra360 deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.

You agree that you shall not post any information:
* that is known by you to be false, inaccurate or misleading;
* that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
* that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
* that is or may reasonably be considered to be defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
* for which you were compensated or granted any consideration by any third party;
* that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
* or that contains any computer viruses, worms or other potentially damaging computer programs or files.

You retain all ownership rights to information, text, graphics or other materials you publish on zebra360. However, we can reproduce, publish and distribute all or teaser portions of your content online and offline and permit others to do the same. You can edit or remove your content from zebra360 at any time; but if we have distributed your content to others, we may be unable to require them to make the same changes. We ask that you refer or provide links to zebra360 if you choose to republish your content elsewhere and that you do not publish the same items of content on both zebra360 and other product or price comparison sites.

Copyrights

All content available on zebra360, including site design, text, graphics, interfaces and the selection of arrangements thereof is copyrighted by Avelar Systems, LLC with all rights reserved, or is the property of Avelar Systems, LLC or third parties protected by intellectual property rights.

zebra360®, Best Price Radar®, zMarket Price®, zLocal®, Social Price®, are service marks of Avelar Systems, LLC. Avelar Systems, LLC's service marks/trademarks may not be used in connection with any product or service that is not provided by Avelar Sysmtes, LLC in any matter that is likely to cause confusion among customers, or in any manner that disparages or discredits Avelar Systems, LLC.

If you believe content on zebra360 infringes your copyright, you should send notice of copyright infringement to Avelar Systems, LLC's Copyright Agent. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information:

1. An identification of the copyrighted work claimed to have been infringed
2. An identification of the material that you claim is infringing so that we may locate it on the site
3. Your address, telephone number and email address
4. 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. A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved
6. Your signature

The notice should be mailed to:

Avelar Systems, LLC
zebra360 Copyright Agent
PO Box 51230
Palo Alto, CA 94303 U.S.A.

or via email to support@zebra360.

Upon receipt of notice as described above, Avelar Systems, LLC will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from zebra360.

Trademarks

zebra360 is not in a position to arbitrate trademark disputes between the advertisers on zebra360 and trademark owners. Accordingly, we encourage trademark owners to resolve their disputes directly with the advertisers, particularly because the advertisers may have similar advertisements on other sites. Similarly, zebra360 does not control and assumes no responsibility for content that appears on a third party's website that may be accessed via zebra360, and trademark owners should contact third-party sites directly to resolve trademark disputes.

As a courtesy to federally registered trademark owners, however, we are willing to perform a limited investigation of reasonable complaints. If you are an owner of a registered trademark (or represent an owner of a registered trademark) and have an objection to content corresponding to your trademark on zebra360 that is consistent with the foregoing, or if you believe that we have improperly used your registered trademark to promote zebra360 on a third-party website, please provide the following information in a signed letter on company stationery:
1. Name of Company
2. Contact information (including email address)
3. List of registered trademark(s) at issue including a copy of each relevant federal trademark registration certificate(s)
4. The identity of the advertisement(s) at issue (via the URL stated on the bottom line of the ad or other identifying information). Please indicate if your complaint is limited to specific advertisers/advertisements or if it is a general objection to all advertisers.
5. If certain affiliates or partners are permitted to use your trademark in their ad content, please list the company names in your letter.
6. Include the following statement: "I have a good faith belief that use of the trademarks described above with the advertisements described above are not authorized by the trademark owner or its agent, nor is such use otherwise permissible under law."
7. Include the following statement: "I represent that the information in this notification is true and correct and that I am authorized to act on behalf of the trademark owner."
8. Your signature

Please send this written communication with the above information to the following address:

Avelar Systems, LLC
zebra360 Trademark Complaints
PO Box 51230
Palo Alto, CA 94303 U.S.A.

or via email to support@zebra360.

Upon receipt of notice as described above, Avelar Systems, LLC will confirm the existence of the federal registration of the trademark in question and will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from zebra360. In the event that the challenged content has been provided to zebra360 by a third party and in Avelar Systems, LLC's sole discretion, we conclude that the content is identical to the registered mark and is used in connection with goods and/or services covered by the trademark owner's federal registration, zebra360 will provide to notice to the third party prior to any removal of content. If prior to such removal, the third party demonstrates that it has its own trademark registration or approved trademark application covering the challenged content, zebra360 will not remove the content.

Notwithstanding the foregoing, zebra360 will comply as appropriate with the terms of any court order relating to the behavior of the challenged party identified in such court order.

Termination

You can cancel your account at any time by contacting Customer Support. We can cancel your account or otherwise refuse service to you at any time for any reason (including repeat infringement). zebra360 may choose to assume that you intended to terminate your account if you do not access it for more than 3 months. Following termination of your account for any reason (including inactivity), zebra360 and its licensees may continue or stop publicly displaying some or all of your content.

Indemnity

By choosing to use zebra360, you agree to indemnify Avelar Systems, LLC, its officers, agents, partners and employees from any and all claims or damage, including reasonable attorney's fees, made by third parties due to or arising out of 1) Content you choose to submit, post or transmit through zebra360; 2) your use of or connection to zebra360; 3) your violation of the User Agreement; or 4) your violation of any rights of another.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.