Last revisted 1/15/25
IMPORTANT- PLEASE READ CAREFULLY
TERMS OF SERVICE OF ZIPPER ATHLETICS INC The Terms in this document are an agreement between you and Zipper Athletics, Inc, a Delaware company. References to "us", "we,", "our" “Zipper Athletics” and "Zipper Athletics" shall mean Zipper Athletics, Inc.
These Terms govern your access to and use of website located at www.JoinZipper.com (the “Site”) and services accessible via the Site offered by Zipper Athletics (individually or collectively, the “Products”) and any information, content, text, graphics, photos or other materials uploaded, downloaded, purchased, or appearing on or through the Products (collectively referred to as “Content”). Additional terms or product requirements may apply to our individual Products and are available with the relevant Product. These Terms apply to all visitors, users, and others who access and use the Products (“Users”).
By accessing or using the Products you agree to be bound by these Terms.
Notwithstanding the foregoing, nothing in these Terms supersedes or limits your rights under (1) the terms and conditions of any written agreement you have entered into with Zipper Athletics regarding the use of Products, or (2) applicable laws or regulations to the extent these Terms are prohibited by such laws or regulations. In the event of any conflict between these Terms and the terms and conditions of an applicable written agreement you have entered into with Zipper Athletics, the terms and conditions of the written agreement shall control.
Basic terms and accounts
You are responsible for your use of the Products. You may use the Products only if you can form a binding contract with Zipper Athletics. Your account with Zipper Athletics (and use of the Product) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you are accepting these Terms and using the Products on behalf of a company, organization, government, or other legal entity(all collectively referred to herein as “entity”), then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. You may use the Products only in compliance with these Terms, any agreement entered into by you or your entity relating to the Products, and all applicable local, state, national, and international laws, rules and regulations.In cases where you have authorized or registered another individual, including a minor, to use your account(s), you are fully responsible for (i) the online conduct of such user; (ii) controlling the user’s access to and use of the Products; and (iii) the consequences of any misuse. Zipper Athletics requires that the parents, guardian, or other authorized adult of a minor affirmatively consent to the use of a Zipper Athletics Product by such minor. Zipper Athletics reserves the right to provide access to the minor’s account to the minor’s parents, guardian or other authorized adult, upon such adult’s request. For additional information on how we use your information, please see our Privacy Policy as referenced in section 2 of this document.
Privacy and use of personal information
Any information that you provide to Zipper Athletics, including first name, last name, email address and any other information including personal information you have provided or may provide, may be collected by us in connection with your use of the Products. Any such information (“Your Information”) will be collected, maintained and used in order to provide the Products to you or your entity and will be used in accordance with these Terms, the terms of our privacy policy located at http://Zipper Athletics.us/PrivacyPolicy.pdf (“Privacy Policy”) and the terms of our Master Data Protection Agreement located at http://Zipper Athletics.us/MasterData Protection Agreement.pdf (Data Agreement).You understand that, through your use of the Products, you consent to the collection and use (as set forth in these Terms, the Privacy Policy, the Data Agreement and any agreement entered into by you or your entity relating to the Product) of Your Information, including the transfer of Your Information to the United States and/or other countries for storage, hosting, processing, and use by Zipper Athletics.
Content and your rights
You are responsible for Content that you post to the Products, and any consequences thereof. The Content you submit, post, or display may be viewed by other users of the Products to whom you have given access. You may be able to control the Content that other users of certain Products may access through the privacy options in certain Products.All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Products, and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Products or obtained by you through the Products is at your own risk.Zipper Athletics respects the intellectual property rights of others and expects users of the Products to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
(i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
(ii) identification of the copyrighted work claimed to have been infringed;
(iii) 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 us to locate the material;
(iv) your contact information, including your address, telephone number, and an email address;
(v) a statement by you that you have 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
(vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. Our designated copyright agent for notice of alleged copyright infringement appearing on the Products is as set forth in the contact details provided in our Privacy Policy Agreement.
Your license to use the products
Zipper Athletics gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the Products, subject to these Terms and any agreement entered into by your institution relating to the Products, solely for the intended use of the Products, and not for competitive intelligence, analysis, or demonstrations. You may not:
(i) modify, disassemble, decompile or reverse engineer any of the Products, except to the extent that such restriction is expressly prohibited by law;
(ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer any of the Products to any third party or use any of the Products to provide sharing or similar services for any third party;
(iii) make any copies of any of the Products;
(iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of any of the Products, features that prevent or restrict use or copying of any content accessible through any of the Products, or features that enforce limitations on use of any of the Products; or
(v) delete the copyright and other proprietary rights notices on any of the Products.You acknowledge that Zipper Athletics may from time to time issue upgraded versions of any of the Products and may automatically electronically upgrade the version of the Product (s) that you are using. You consent to such automatic upgrading and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in any of the Products is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of any of the Products or any copy thereof, and Zipper Athletics or its third-party partners or suppliers retain all right, title, and interest in the Products (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Zipper Athletics reserves all rights not expressly granted under these Terms. The Products originate in the United States and is subject to United States export laws and regulations. The Products may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Products may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Products.
Mobile software
We may make available software to access the Products via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. Zipper Athletics does not warrant that the Mobile Software will be compatible with your mobile device. You may use mobile data in connection with the Mobile Software and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Zipper Athletics hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one account on one mobile device owned or leased solely by you, for your personal use. You may not:
(i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law;
(ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party;
(iii) make any copies of the Mobile Software;
(iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or
(v) delete the copyright and other proprietary rights notices on the Mobile Software.You acknowledge that Zipper Athletics may from time to time issue upgraded versions of the Mobile Software and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third- party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Zipper Athletics or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Zipper Athletics reserves all rights not expressly granted under these Terms. The Mobile Software originates in the United States and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Products.
Zipper Athletics rights
The Products are always evolving and the form, nature, and/or functionality of the Products may change from time to time without prior notice to you. In addition, Zipper Athletics may stop (permanently or temporarily) providing the Products (or any features within the Products) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.All right, title, and interest in and to the Products (excluding Content provided by users or other third parties) are and will remain the exclusive property of Zipper Athletics and its licensors. The Products are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Zipper Athletics name or any of the Zipper Athletics trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Zipper Athletics, or the Products is entirely voluntary, and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Registration obligations and passwords/keys and encryption use
You may never use another User’s account without permission. In consideration of your use of the Products, you agree (a) that Your Information will be true, accurate, current and complete, and (b) to maintain and promptly update Your Information to keep it true, accurate, current and complete. You are responsible for safeguarding any password, keys, encryption or secure method of access that you use to access the Products and for any activities or actions under your password. You agree to (a) notify Zipper Athletics of any unauthorized use of your password or user identification and any other breach of security, and (b) ensure that you exit from your account at the end of each session.
Export control
As required by the laws of the United States and other countries: (a) you understand that the Products are subject to export controls under the U.S. Commerce Department's Export Administration Regulations ("EAR"); (b) you are not located in a prohibited destination country under the EAR or U.S. sanctions regulations; and (c) you will not export, re-export, or transfer the Products to any prohibited destination or persons or entities on the U.S. Bureau of Industry and Security Denied Parties List or Entity List, or the U.S. Office of Foreign Assets Controllist of Specially Designated Nationals and Blocked Persons, or any similar lists maintained by other countries, without the necessary export license(s) or authorization(s).
Termination
We may suspend or terminate your accounts or cease providing you with all or part of the Products at any time for any commercially reasonable reason, including, but not limited to, if we reasonably believe:
(i) you have violated these Terms,
(ii) you create risk or possible legal exposure for us; or
(iii) our provision of the Products is no longer commercially viable. In such a termination event, the license granted hereunder shall automatically terminate. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Products, except that the following Sections shall continue to apply: 2, 3,4, 5, 6, 9, 10, and 11.Further, if you stop using the Products for more than 60 days, your accounts may be deleted and Zipper Athletics assumes no responsibility for Content deleted following inactivity. If you wish to delete your Zipper Athletics Product account(s) in their entirety(ies), you may contact us as set forth in the contact details provided in our Privacy Policy Agreement and specify which Zipper Athletics Product account(s) you wish to delete. We will delete your specified accounts within a reasonable time, unless prohibited by law. Nothing in this Section shall affect Zipper Athletics’s rights to change, limit, or stop the provision of the Products without prior notice, as provided above in Sections 4 and 5.
Disclaimers and limitations of liability
Please read this Section carefully since it limits the liability of Zipper Athletics and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and/or licensors (collectively, the “Zipper Athletics Entities”). Each of the Subsections below only applies up to the maximum extent permitted under applicable law. Nothing in this Section is intended to limit any rights you may have which may not be lawfully limited.
The Products are Available “AS-IS”
Your access to and use of the Products or any Content are at your own risk. You understand and agree that the Products are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE ZIPPER ATHLETICS ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. No advice or information, whether oral or written, obtained from any of the Zipper Athletics Entities or through the Products, will create any warranty not expressly made herein.
HIPAA Disclaimer
Zipper Athletics has been certified by a third party auditor that it is compliant with the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”). Notwithstanding, if you are a health care provider, health plan, insurer, health care information clearinghouse or other entity that may be considered a “covered entity” under HIPAA or a “business associate” of a “covered entity” under HIPAA, you shall take all steps necessary to comply with HIPAA and shall be responsible for any applicable compliance with HIPAA. You agree, that you will not provide Zipper Athletics with any protected health information (as that term is defined under HIPAA) and that Zipper Athletics is therefore not deemed to be a business associate of Client for purposes of compliance with HIPAA.
FERPA Disclaimer
Zipper Athletics does not warrant or provide any assurances that your use of the Products will comply with the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232(g). If you are an educational institution, educator or other individual or that may be considered covered under FERPA you shall take all steps necessary to comply with FERPA and shall be responsible for any applicable compliance with FERPA. You agree that you will not provide Zipper Athletics with any protected Student Data (as that term is defined under FERPA) and that Zipper Athletics is therefore not deemed to be your agent for purposes of compliance with FERPA.
Links
The Products may contain links to third-party websites or resources. You acknowledge and agree that the Zipper Athletics Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Zipper Athletics Entities of such websites or resources or the content, products, or services Available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ZIPPER ATHLETICS ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON,THROUGH, OR ASSOCIATED WITH THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE PRODUCTS; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ZIPPER ATHLETICS ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID ZIPPER ATHLETICS, IF ANY, IN THE PAST SIX MONTHS FOR THE PRODUCTS GIVING RISE TO THE CLAIM.THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE ZIPPER ATHLETICS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
General terms Waiver and Severability
The failure of Zipper Athletics to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Governing Law
These Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings, or litigation arising in connection with the Products will be brought solely in the federal courts located in the State of Delaware, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
U.S. Government Users and U.S. Government Restricted Rights
Certain of the components that comprise the Products are “commercial items” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and/or “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth herein.The Products, any Mobile Software and all upgrades to the foregoing (if any) are provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
Contractor/manufacturer is Zipper Athletics, Inc with an address of 2120 JunctionPl,Unit 4246, Boulder, CO, 80301. All rights not specifically granted in this Agreement are reserved by Zipper Athletics.
Entire Agreement
Unless Zipper Athletics and you have exited a separate written Agreement, these Terms, our Privacy Policy and Data Policy are the entire and exclusive agreement between Zipper Athletics and you regarding the Products, and these Terms supersede and replace any prior agreements between Zipper Athletics and you regarding the Products. Other than members of the group of companies of which Zipper Athletics Inc. is the parent, no other person or company will be third party beneficiaries to the Terms. Notwithstanding the foregoing, nothing in these Terms supersedes or limits your rights under (1) the terms and conditions of any written agreement you have entered into with Zipper Athletics regarding the use of Products, or (2) applicable laws or regulations to the extent these Terms are prohibited by such laws or regulations. In the event of any conflict between these Terms and the terms and conditions of an applicable written agreement you have entered into with Zipper Athletics, the terms and conditions of the written agreement shall control. We may revise these Terms from time-to-time, the most current version will always be at the referenced link. If the revision, in our sole discretion, is material we will notify you through the Products or through the email associated with your profile. By continuing to access or use the Products after those revisions become effective, you agree to be bound by the revised Terms.These Products and Services are operated and provided by Zipper Athletics, Inc.
If you have any questions about these Terms, please contact us as set forth in the contact details provided in our Privacy Policy Agreement.