Terms of service
TERMS OF SERVICE
OVERVIEW
This website is operated by ZIVVO. Throughout the site, the terms
"we", "us" and "our" refer to ZIVVO. ZIVVO offers this website,
including all information, tools and Services available from this
site to you, the user, conditioned upon your acceptance of all
terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage
in our "Service" and agree to be bound by the following terms and
conditions ("Terms of Service", "Terms"), including those additional
terms and conditions and policies referenced herein and/or available
by hyperlink. These Terms of Service apply to all users of the site,
including without limitation users who are browsers, vendors,
customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or
using our website. By accessing or using any part of the site, you
agree to be bound by these Terms of Service. If you do not agree to
all the terms and conditions of this agreement, then you may not
access the website or use any Services. If these Terms of Service
are considered an offer, acceptance is expressly limited to these
Terms of Service.
Any new features or tools which are added to the current store shall
also be subject to the Terms of Service. You can review the most
current version of the Terms of Service at any time on this page. We
reserve the right to update, change or replace any part of these
Terms of Service by posting updates and/or changes to our website.
It is your responsibility to check this page periodically for
changes. Your continued use of or access to the website following
the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online
e-commerce platform that allows us to sell our products and Services
to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at
least the age of majority in your state or province of residence, or
that you are the age of majority in your state or province of
residence and you have given us your consent to allow any of your
minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose
nor may you, in the use of the Service, violate any laws in your
jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a
destructive nature.
A breach or violation of any of the Terms will result in an
immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at
any time.
You understand that your content (not including credit card
information), may be transferred unencrypted and involve (a)
transmissions over various networks; and (b) changes to conform and
adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over
networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit
any portion of the Service, use of the Service, or access to the
Service or any contact on the website through which the Service is
provided, without express written permission by us.
The headings used in this agreement are included for convenience
only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site
is not accurate, complete or current. The material on this site is
provided for general information only and should not be relied upon
or used as the sole basis for making decisions without consulting
primary, more accurate, more complete or more timely sources of
information. Any reliance on the material on this site is at your
own risk.
This site may contain certain historical information. Historical
information, necessarily, is not current and is provided for your
reference only. We reserve the right to modify the contents of this
site at any time, but we have no obligation to update any
information on our site. You agree that it is your responsibility
to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the
Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any
modification, price change, suspension or discontinuance of the
Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or Services may be available exclusively online
through the website. We have made every effort to display as
accurately as possible the colors and images of our products that
appear at the store. We cannot guarantee that your computer
monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of
our products or Services to any person, geographic region or
jurisdiction. We may exercise this right on a case-by-case basis. We
reserve the right to limit the quantities of any products or
Services that we offer. All descriptions of products or product
pricing are subject to change at any time without notice, at the
sole discretion of us. We reserve the right to discontinue any
product at any time. Any offer for any product or Service made on
this site is void where prohibited.
We do not warrant that the quality of any products, Services,
information, or other material purchased or obtained by you will
meet your expectations, or that any errors in the Service will be
corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may,
in our sole discretion, limit or cancel quantities purchased per
person, per household or per order. These restrictions may include
orders placed by or under the same customer account, the same
credit card, and/or orders that use the same billing and/or shipping
address. In the event that we make a change to or cancel an order,
we may attempt to notify you by contacting the e-mail and/or billing
address/phone number provided at the time the order was made. We
reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and
account information for all purchases made at our store. You agree
to promptly update your account and other information, including
your email address and credit card numbers and expiration dates, so
that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy HERE
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we
neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as
is" and "as available" without any warranties, representations or
conditions of any kind and without any endorsement. We shall have
no liability whatsoever arising from or relating to your use of
optional third-party tools.
Any use by you of the optional tools offered through the site is
entirely at your own risk and discretion and you should ensure that
you are familiar with and approve of the terms on which tools are
provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features
through the website (including the release of new tools and
resources). Such new features and/or Services shall also be subject
to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service
may include materials from third-parties.
Third-party links on this site may direct you to third-party
websites that are not affiliated with us. We are not responsible for
examining or evaluating the content or accuracy and we do not
warrant and will not have any liability or responsibility for any
third-party materials or websites, or for any other materials,
products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase
or use of goods, Services, resources, content, or any other
transactions made in connection with any third-party websites.
Please review carefully the third-party's policies and practices and
make sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party
products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for
example contest entries) or without a request from us, you send
creative ideas, suggestions, proposals, plans, or other materials,
whether online, by email, by postal mail, or otherwise
(collectively, 'comments'), you agree that we may, at any time,
without restriction, edit, copy, publish, distribute, translate and
otherwise use in any medium any comments that you forward to us. We
are and shall be under no obligation (1) to maintain any comments
in confidence; (2) to pay compensation for any comments; or (3) to
respond to any comments.
We may, but have no obligation to, monitor, edit or remove content
that we determine in our sole discretion to be unlawful, offensive,
threatening, libelous, defamatory, pornographic, obscene or
otherwise objectionable or violates any party's intellectual
property or these Terms of Service.
You agree that your comments will not violate any right of any
third-party, including copyright, trademark, privacy, personality
or other personal or proprietary right. You further agree that your
comments will not contain libelous or otherwise unlawful, abusive or
obscene material, or contain any computer virus or other malware
that could in any way affect the operation of the Service or any
related website. You may not use a false e-mail address, pretend to
be someone other than yourself, or otherwise mislead us or
third-parties as to the origin of any comments. You are solely
responsible for any comments you make and their accuracy. We take
no responsibility and assume no liability for any comments posted
by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is
governed by our Privacy Policy, which can be viewed HERE
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service
that contains typographical errors, inaccuracies or omissions that
may relate to product descriptions, pricing, promotions, offers,
product shipping charges, transit times and availability. We reserve
the right to correct any errors, inaccuracies or omissions, and to
change or update information or cancel orders if any information in
the Service or on any related website is inaccurate at any time
without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information
in the Service or on any related website, including without
limitation, pricing information, except as required by law. No
specified update or refresh date applied in the Service or on any
related website, should be taken to indicate that all information
in the Service or on any related website has been modified or
updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of
Service, you are prohibited from using the site or its content: (a)
for any unlawful purpose; (b) to solicit others to perform or
participate in any unlawful acts; (c) to violate any international,
federal, provincial or state regulations, rules, laws, or local
ordinances; (d) to infringe upon or violate our intellectual
property rights or the intellectual property rights of others; (e)
to harass, abuse, insult, harm, defame, slander, disparage,
intimidate, or discriminate based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or disability; (f)
to submit false or misleading information; (g) to upload or
transmit viruses or any other type of malicious code that will or
may be used in any way that will affect the functionality or
operation of the Service or of any related website, other websites,
or the Internet; (h) to collect or track the personal information
of others; (i) to spam, phish, pharm, pretext, spider, crawl, or
scrape; (j) for any obscene or immoral purpose; or (k) to interfere
with or circumvent the security features of the Service or any
related website, other websites, or the Internet. We reserve the
right to terminate your use of the Service or any related website
for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our
Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the
use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for
indefinite periods of time or cancel the Service at any time,
without notice to you.
You expressly agree that your use of, or inability to use, the
Service is at your sole risk. The Service and all products and
Services delivered to you through the Service are (except as
expressly stated by us) provided 'as is' and 'as available' for
your use, without any representation, warranties or conditions of
any kind, either express or implied, including all implied
warranties or conditions of merchantability, merchantable quality,
fitness for a particular purpose, durability, title, and
non-infringement.
In no case shall ZIVVO, our directors, officers, employees,
affiliates, agents, contractors, interns, suppliers, Service
providers or licensors be liable for any injury, loss, claim, or
any direct, indirect, incidental, punitive, special, or
consequential damages of any kind, including, without limitation
lost profits, lost revenue, lost savings, loss of data, replacement
costs, or any similar damages, whether based in contract, tort
(including negligence), strict liability or otherwise, arising from
your use of any of the Service or any products procured using the
Service, or for any other claim related in any way to your use of
the Service or any product, including, but not limited to, any
errors or omissions in any content, or any loss or damage of any
kind incurred as a result of the use of the Service or any content
(or product) posted, transmitted, or otherwise made available via
the Service, even if advised of their possibility. Because some
states or jurisdictions do not allow the exclusion or the
limitation of liability for consequential or incidental damages, in
such states or jurisdictions, our liability shall be limited to the
maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless ZIVVO and our
parent, subsidiaries, affiliates, partners, officers, directors,
agents, contractors, licensors, Service providers, subcontractors,
suppliers, interns and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any
third-party due to or arising out of your breach of these Terms of
Service or the documents they incorporate by reference, or your
violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is
determined to be unlawful, void or unenforceable, such provision
shall nonetheless be enforceable to the fullest extent permitted by
applicable law, and the unenforceable portion shall be deemed to be
severed from these Terms of Service, such determination shall not
affect the validity and enforceability of any other remaining
provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the
termination date shall survive the termination of this agreement for
all purposes.
These Terms of Service are effective unless and until terminated by
either you or us. You may terminate these Terms of Service at any
time by notifying us that you no longer wish to use our Services,
or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have
failed, to comply with any term or provision of these Terms of
Service, we also may terminate this agreement at any time without
notice and you will remain liable for all amounts due up to and
including the date of termination; and/or accordingly may deny you
access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of
these Terms of Service shall not constitute a waiver of such right
or provision.
These Terms of Service and any policies or operating rules posted
by us on this site or in respect to the Service constitutes the
entire agreement and understanding between you and us and governs
your use of the Service, superseding any prior or contemporaneous
agreements, communications and proposals, whether oral or written,
between you and us (including, but not limited to, any prior
versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service
shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we
provide you Services shall be governed by and construed in
accordance with the laws of the State of Delaware, United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at
any time at this page.
We reserve the right, at our sole discretion, to update, change or
replace any part of these Terms of Service by posting updates and
changes to our website. It is your responsibility to check our
website periodically for changes. Your continued use of or access
to our website or the Service following the posting of any changes
to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at
support@zivvoparty.com.