Terms of Use

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ATTENTION: PLEASE READ THESE TERMS OF USE (THE "TERMS") CAREFULLY BEFORE USING THIS WEB SITE.

These Terms apply to your use of www.zicam.com (the "Site"). The Site is owned and operated by Matrixx Initiatives, Inc. These Terms are a legal contract between you and Matrixx Initiatives, Inc. that governs your access to and use of the Site. Using the Site indicates that you accept these Terms and agree to be bound by them. If you do not accept these Terms, do not use this Site.

Matrixx Initiatives, Inc. grants you a limited, non-exclusive, revocable, non-assignable, personal and non-transferable license to view and download the materials on this Site, under the condition that all the information, programs, processes, methodologies, communications, software, scripting, photos, text, video, graphics, sounds, images and other materials and services found on the Site (collectively "Content") may not be copied or distributed, or republished, uploaded, posted, publicly displayed, performed, distributed or transmitted in any way, without the prior written consent of Matrixx Initiatives, Inc., unless such actions are only for your personal, non-commercial use, and provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. For purposes of these Terms, any use of this Content on any other Web site or networked computer environment for any purpose is prohibited.

Use of Software. If you download any software from this Site ("Software"), the Software, including all code, files, images, contained in or generated by the Software, and accompanying data, are deemed to be licensed to you by Matrixx Initiatives, Inc. Neither title nor intellectual property rights are transferred to you, but remain with Matrixx Initiatives, Inc., who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a perceivable form. You may not download or install the Software until you have read and accepted these Terms.

Copyrights, Trademarks And Service Marks. Unless otherwise noted, all Content and other materials on this Site are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by Matrixx Initiatives, Inc. or by other parties that have licensed their material to Matrixx Initiatives, Inc. The Content of this Site is copyrighted and any unauthorized use of the Content of this Site may violate copyright, trademark, and other laws, in addition to being a material breach of the Terms of Use.

There are a number of proprietary logos, service marks, trademarks, slogans and product designations ("Marks") found on this Site. By making them available on this Site, Matrixx Initiatives, Inc. is not granting you a license to use them in any fashion. Access to this Site does not confer upon you any license under any of Matrixx Initiatives, Inc. or any third party's intellectual property rights. Use of Matrixx Initiatives, Inc. proprietary logos, service marks, trademarks, slogans and product designations found on this Site by users is restricted as set forth in these Terms of Use.

User Submissions. The Site may allow you to submit content to Matrixx Initiatives, Inc., including text, images, graphics, information, data, or other material in any other form (together, the "Communications"). Matrixx Initiatives, Inc. does not solicit, but may accept, Communications containing product or process ideas, innovations, suggestions, or improvements on the Site. If you provide Matrixx Initiatives, Inc. with Communications, you hereby grant Matrixx Initiatives, Inc. and its designees an unrestricted, perpetual, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute all Communications for any and all commercial or non-commercial purposes, and agree that Matrixx Initiatives, Inc. is free to use any ideas, concepts, know-how or techniques that you send Matrixx Initiatives, Inc. for any purpose whatsoever without compensation to you or any other person sending the Communication. Matrixx Initiatives, Inc. will not be liable for the content of any Communications or for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Matrixx Initiatives, Inc. operations. In addition, you warrant that all so-called "moral rights" with respect to any Communications have been waived.

You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or any other material that would violate any law, or that could give rise to any civil or criminal liability under the law. You acknowledge that the Site may be subject to breaches of security and that you are aware that Communications may not be secure, and you will consider this before submitting any Communications.

User Forums or other Communication Networks. To the extent the Site may host user forums or similar methods for user communications, Matrixx Initiatives, Inc. may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards, communication networks or other user forums, and the content of any such Communications. Matrixx Initiatives, Inc. is free in its sole discretion to remove, edit, delete or modify any Communications deemed undesirable without prior notice to the user submitting such Communications; however, Matrixx Initiatives, Inc. will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise, and retains the right to remove messages that include any material deemed abusive, defamatory, obscene or otherwise unacceptable.

Links To Third Party Web Sites. This Site may provide links to other third party Web sites or resources. Such links to third party Web sites on this Site are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. Matrixx Initiatives, Inc. has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, Matrixx Initiatives, Inc. makes no representations whatsoever about any other web site, which you may access through this Site, or any information, software or other products or materials, found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you acknowledge and agree that Matrixx Initiatives, Inc. is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature, and you do so entirely at your own risk. Accordingly, you agree that Matrixx Initiatives, Inc. 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 third-party materials, content, products or services available on or through any such site or resource.

Disclaimer. THE MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

MATRIXX INITIATIVES INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE.

MATRIXX INITIATIVES INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS, DATA OR INFORMATION ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE MATRIXX INITIATIVES INC. MAY MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT MATRIXX INITIATIVES INC. ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT MATRIXX INITIATIVES INC. MATRIXX INITIATIVES INC. UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS SITE. INFORMATION PUBLISHED AT THIS SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR GEOGRAPHIC LOCATION.

Limitation of Liability. IN NO EVENT WILL MATRIXX INITIATIVES INC., ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, MATRIXX INITIATIVES INC TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.

Without limiting the generality of the foregoing, Matrixx Initiatives, Inc. disclaims all liability of any kind arising from the unauthorized access to or use of your personally identifiable information.

You agree to indemnify and hold harmless Matrixx Initiatives, Inc., and its directors, officers, managers, employees, and agents from and against any and all claims, losses, expenses, damages, and costs (including reasonable attorneys' fees) resulting from your violation of the Terms.

Procedure for Making Claims of Copyright Infringement. Matrixx Initiatives, Inc. respects the intellectual property rights of others, and expects its users to do the same. Matrixx Initiatives, Inc. will, upon receiving proper notice, act to remove or disable access to any such material as set forth in the Digital Millennium Copyright Act (17 USC § 512) (DMCA). Any notifications of claimed copyright infringement must be sent to Matrixx Initiatives, Inc. at the following address: info@zicam.com. When notifying Matrixx Initiatives, Inc. of the alleged copyright infringement, please provide complete and sufficient information, including:

Matrixx Initiatives, Inc. will terminate the service privileges of users who repeatedly infringe the copyrights or other intellectual property rights of others. United States law provides significant penalties for falsely submitting a notice of copyright infringement.

General Terms

Applicable Laws. Matrixx Initiatives, Inc. controls this Site from its offices within the United States of America. Matrixx Initiatives, Inc. makes no representation that the Content on this Site is appropriate or available for use in locations other than the United States, and access to Content from territories where the Content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.

These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortuous conduct or otherwise) and any claim relating to the Content shall be governed by the substantive laws of the State of Arizona. By using this Site, you agree that any dispute to enforce, defend, or interpret any right or remedy under, arising in connection with, or relating to, these Terms of Use, shall be settled through binding arbitration under the AAA Rules of Arbitration, located at a mutually convenient forum in Phoenix, Arizona. You understand and agree that you will arbitrate with Matrixx Initiatives, Inc. in your individual capacity, not as a representative or member of a class. Your claim may not be joined with the claim of any other person, and there shall not be authority for any dispute to be arbitrated on a class-action basis.

Termination. These Terms of Use constitute an agreement between you and Matrixx Initiatives, Inc., which Matrixx Initiatives, Inc. may terminate in its sole discretion, in whole or in part, at any time and for any reason. If Matrixx Initiatives, Inc. terminates its agreement with you, you may no longer access the Site. Upon termination of this agreement and/or your access to this Site, you will immediately destroy any copies of Content, whether in printed or software format. Otherwise applicable portions of the Terms shall survive termination.

Notices. Notices to you may be made via either email or regular mail. Matrixx Initiatives, Inc. may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on the Site.

Privacy. Matrixx Initiatives, Inc. recognizes the need to protect the privacy of users of this Site. Matrixx Initiatives, Inc. Privacy Policy is incorporated into these Terms by reference, and by using the Site, you indicate that you understand and consent to the collection, use, and disclosure of your information as described in the Privacy Policy. This Site is not intended for Children under 13 years old, and Matrixx Initiatives, Inc. will not knowingly collect personally identifiable information via this Site from visitors in that age group.

Revisions. Matrixx Initiatives, Inc. reserves the right to make any changes to the Terms, or modify any features of the Site--including materials, services, products, and prices--at any time in its sole discretion. You should visit this page from time to time to review the then-current Terms of Use. Continuing to use the Site after the changes are posted means that you accept the changes. The Terms of Use were last updated on July 5, 2012.

Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Site. The materials and services at this Site may be out of date, and Matrixx Initiatives, Inc. makes no commitment to update the materials and services at this Site.

Integration and Severability. Unless otherwise specified herein, the Terms constitute the entire agreement between you and Matrixx Initiatives, Inc. and govern your use of the Site. If any portion of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

Waiver. The failure of Matrixx Initiatives, Inc. to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive its rights to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.

Contact: If you have any questions or comments about these Terms or the Site, please contact us by: