In order to access and use the Site, you may be required to provide information about yourself (such as your name, contact details and basic profiling data, including type of company and products and services used) as part of the registration process for the Site. You agree to provide Zebra with accurate, correct and up to date information. Note that we describe our current practices related to personally identifiable information collected through the Site in our Privacy Statement. By accessing or using the Site, you signify your agreement to the Privacy Statement.
OWNERSHIP, COPYRIGHT, AND TRADEMARK NOTICES
All information, text, graphics, software, and other content that make up the Site ("Materials") are the property of Zebra or its licensors. You acknowledge that certain Materials available on the Site are protected by copyright, trademark, patent, or other intellectual property rights of Zebra and its licensors. Except as expressly provided, nothing within the Site or Materials shall be construed as conferring any license under any of Zebra's or its licensors' intellectual property rights, whether by estoppel, implication, waiver, or otherwise.
TRADEMARKS, SERVICE MARKS, AND TRADE NAMES
All trademarks, service marks, and trade names appearing in the Site are the property of Zebra or the respective owners of such marks or names, and are protected by U.S. and international copyright and trademark laws. You agree not to defame or disparage Zebra and its trademarks, service marks, and trade names, or any other aspect of the Site or the Materials. Any use of any of the trademarks, service marks, or trade names appearing throughout the Site without the express written consent of Zebra or the owner of the mark or name, as applicable, is strictly prohibited.
SPIDERING, MONITORING, AND INTERFERENCE
You agree you will: (1) not use any robot, spider, other automatic device, or manual process to monitor or copy the pages of the Site or the Materials contained herein without the prior express written permission of Zebra; (2) not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site; and (3) not take any action that imposes an unreasonable or disproportionately large load on Zebra's infrastructure.
You are responsible for maintaining the confidentiality of any user names or passwords associated with any account you use to access the Site, for monitoring all activity under the account, and you agree to assume full responsibility for all activities that occur under your account (unless such activities result from a security breach for which Zebra is responsible). You may not disclose or share your user name or password with any third parties or use them for any unauthorized purpose. If you become aware of any unauthorized use of your password or your account, you agree to notify Zebra immediately at the email address or phone number provided for notice in the Privacy Statement.
PRODUCTS AND PRICING
All products sold as a result of accessing the Site are subject to the then current applicable version of Zebra's standard terms of sale (the "Standard Terms and Conditions of Sale") unless otherwise agreed by Zebra. By ordering or purchasing any products or services on or through the Site you agree to be bound by the Standard Terms and Conditions of Sale. If you do not accept the Standard Terms and Conditions of Sale, do not order or purchase any products through the Site. You agree that the prices, configurations and availability of the Zebra products may be subject to change by Zebra at any time.
LINKS TO OTHER INTERNET SITES
The Site may contain links to other Internet sites and services that are operated and maintained by third parties. You acknowledge, understand and agree that Zebra, to the extent permitted by law, will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on such other sites.
LINKS TO THE WEB SITE OR MATERIALS
Linking to any page of the Site other than to http://www.zebra.com through a plain text link is strictly prohibited in the absence of a separate linking agreement with Zebra. Any web site or other device that links to http://www.zebra.com or any page available therein is prohibited from (a) replicating Materials, (b) using a browser or border environment around the Materials, (c) implying in any fashion that Zebra or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with Zebra or any of its affiliates, (e) presenting false information about Zebra products or services, and (f) using any logo or mark of Zebra or any of its affiliates without express written permission from Zebra.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE MATERIALS IT CONTAINS ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ZEBRA DISCLAIMS ALL WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND UNDERTAKINGS, EXPRESS OR IMPLIED, WHETHER ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY ZEBRA, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, USE OF REASONABLE SKILL AND CARE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. ZEBRA DOES NOT WARRANT THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT ZEBRA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
ZEBRA MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING (1) THE CURRENCY, CORRECTNESS, COMPLETENESS, RELIABILITY, SUITABILITY, AVAILABILITY, OR OPERATION OF THE SITE AND THE MATERIALS; OR (2) YOUR USE OF THE SITE OR MATERIALS; OR (3) ANY THIRD-PARTY WEB SITE YOU MAY ACCESS THROUGH THE SITE. DESPITE THE CHOICE OF ILLINOIS LAW, THE MANDATORY LAW OF SOME JURISDICTIONS DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS OR UNDERTAKINGS, SO THE ABOVE EXCLUSIONS ARE PROVIDED TO THE EXTENT PERMITTED BY LAW AND SOME MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ZEBRA, ITS SUPPLIERS, OR LICENSORS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES AND EACH OF THEM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, LOST PROFITS, REVENUE, INTEREST OR BUSINESS, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF OR RELATED TO YOUR OR ANY THIRD PARTY'S CLAIMS (INCLUDING, BUT NOT LIMITED TO, RELIANCE ON OR THE USE OF, DELAY IN BEING ABLE TO USE, OR INABILITY TO USE, THE SITE, THE MATERIALS IT PROVIDES, OR ANY OTHER HYPERLINKED WEB SITE OR ANY THIRD-PARTY PRODUCTS OR SERVICES) REGARDLESS OF LEGAL THEORY, EVEN IF ZEBRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DESPITE THE CHOICE OF ILLINOIS LAW, THE MANDATORY LAW OF SOME JURISDICTIONS DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL OR OTHER DAMAGES IN CERTAIN CIRCUMSTANCES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS CLAUSE SHALL NOT EXCLUDE OR IN ANY WAY LIMIT EITHER PARTY'S LIABILITY FOR (I) FRAUD OR (II) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE.
EXCEPT WITH RESPECT TO CLAIMS RELATED TO PURCHASES MADE THROUGH THE SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY WHICH ZEBRA, ITS SUPPLIERS, AND ITS LICENSORS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES AND EACH OF THEM MAY INCUR FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE EQUIVALENT OF $100. THIS LIABILITY CAP WILL APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES LIABILITY DESPITE THE EXCLUSION AND LIMITATION IN THE PRIOR PARAGRAPH.
Effective Date: May 2011