Effective: September 9, 2016
PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDE A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER.
1. THE SITE DOES NOT PROVIDE HEALTH ADVICE
The information provided on or through the Site is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other healthcare professional. You should consult with your doctor or other healthcare professional before taking any supplements and carefully read all product information prior to use. You should not use the information available on or through the Site for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
2. PRODUCT AVAILABILITY AND DESCRIPTIONS
All orders placed through the Site are subject to our acceptance. We cannot guarantee that all items will ship right away. In some cases, an items status changes between your order and the time we attempt to process the order. We will notify you if this happens and cancel the item from your order. Generally, items that are out-of-stock are no longer available.
We attempt to provide accurate descriptions of the products, services and prices available on our Site. Yet, we do not warrant that the descriptions are accurate, complete, reliable, current or error-free. We cannot ensure against pricing errors or changes. We reserve the right, in our sole discretion, to cancel or not process any order placed on the Site if the price was incorrectly provided as a result of an error. In such instances, we will notify you by email and correct the price on the Site.
3. SALES TAX
Sales tax will be added to orders when applicable. It will be displayed during checkout along with any other pricing information that may pertain to your order.
4. SHIPPING AND RETURNS
For information on shipping, tax and return policies, review our or Shipping Rates and or Returns Policy, which may change from time to time.
We may require each user to have a unique username and password combination before ordering products from the Site. You are responsible for any actions that take place while using your account. Keep your username and password secure and do not allow anyone else to use your username or password to access the Site. We are not responsible for any loss that results from the unauthorized use of your username or password, with or without your knowledge.
6. MOBILE USE
The Site may be available for use with mobile devices. Not all carriers and devices are supported. Your use of the Site may be subject to the terms and conditions of your agreements with your mobile device manufacturer and your carrier.
7. INTELLECTUAL PROPERTY
All content included on the Site, such as photos, text, graphics, designs, logos, icons, presentations, videos, data, instructions, photographs, and software (the "Content") is the property of Zamia Life or its licensors. The Content is protected by copyright, trademark and other intellectual property laws.
ZAMIA, as well as other trademarks, service marks and logos that we use, are trademarks of Zamia or its licensors. You are prohibited from using any of the trademarks found on this Site without our express written permission.
8. LIMITED LICENSE
So long as you comply with the these Terms, we grant you a limited, nonexclusive, nontransferable, revocable, personal license to access and use the Site for your personal use solely to make purchases and interact with the Site in accordance with these Terms. We may modify or discontinue offering any or all of our services at any time, for any or no reason, without notice to you and without any liability.
9. LICENSE RESTRICTIONS
You agree to use the Site in a manner consistent with all laws and regulations and in accordance with these Terms. Except as expressly and unambiguously permitted in these Terms, you may not, nor may you permit anyone else to, directly or indirectly:
(i) use any manual process or robot, spider, scraper, or other automated means to collect information from the Site or from other users of the Site;
(ii) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell, distribute, or exploit in any way the Content or information from the Site;
(iii) mirror any Content contained on this Site or use framing techniques to enclose the Site or any part thereof;
(iv) violate, bypass, work around or circumvent any restrictions in any mechanisms or technical limitations of the Site, use any tool to enable features or functionalities that are otherwise disabled in the Site, or decompile, disassemble or otherwise reverse engineer the Site or any Content;
(v) perform or attempt to perform any actions that would interfere with the proper working of the Site, prevent access to or use of the Site by our other users, or impose an unreasonable or disproportionately large load on our infrastructure;
(vi) take any action or use the Site in a way that violates law, would create liability, promote illegal activities or harm others;
(vii) impersonate any person or entity, misrepresent yourself or your entity, or attempt to use another user's account
(viii) use any metatags or any other hidden text incorporating our name or trademarks;
(ix) solicit, trace or otherwise collect any information from users or visitors of the Site;
(x) use the Site for commercial activities such as contests or advertising; or
(xi) create a database by downloading and storing the Content or any part thereof.
We respect intellectual property rights. If you believe your copyrighted work has been copied or posted on or through the Website in a way that constitutes copyright infringement, then please contact us at firstname.lastname@example.org and provide the following information:
(i) A description of the copyrighted work that you believe has been infringed;
(ii) A description of what the allegedly infringing work is;
(iii) A description of the location where the allegedly infringing work is located on the Site;
(iv) An address and telephone number where you can be contacted, including an email address if possible;
(v) A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
(vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; and
(vii) A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the copyright owner or is authorized to act on behalf of the copyright owner.
Consult your legal advisor before filing an infringement notice, because there can be penalties for false claims.
11. CONTENT SUBMITTED
Your comments, suggestions and information are important to us. With respect to any content you submit or make available to us or on the Site, you grant us, and warrant that you have the right to grant, a perpetual, irrevocable, worldwide, royalty-free, transferable, nonexclusive license to use, copy, distribute, publicly display, modify, create derivative works, commercialize and sublicense such content, in whole or in part, in any media, now or hereafter known or developed for all purposes, without any additional consideration due to you. We do not prescreen content posted by users and cannot guarantee the Site will be free from content that is inaccurate, deceptive, offensive, defamatory, unlawful or otherwise objectionable. You acknowledge that we are acting only as a passive channel for such distribution. We have no liability relating to any user content or activities of users on the Site. Even in the event we choose to monitor any user content, we assume no responsibility for, or any obligation to monitor or remove, such user content.
12. REPRESENTATIONS AND WARRANTIES
You represent and warrant that: (i) you are 18 years of age or older; (ii) you have provided accurate and current information about yourself in all forms used in conjunction with the Site; (iii) you are eligible to use the Site and have the right and power to enter into these Terms; (v) you will comply with all federal, state and local laws, including without limitation applicable tax laws; (vi) you will not use the Site, directly or indirectly, for any fraudulent undertaking or in any manner that interferes with the operation of the Site; and (vii) you and your use of the Site will be in compliance with these Terms.
13. WARRANTY DISCLAIMERS.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, CONTENT OR SERVICES PROVIDED ON OR THROUGH THIS SITE.
WE MAKE NO WARRANTY THAT (I) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE QUALITY OF ANY CONTENT, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS OR NEEDS; (III) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; AND (IV) THAT ANY CONTENT UPLOAD TO THE SITE IS PROTECTED OR SECURE.
14. LIMITATION OF LIABILITY AND DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICES PROVIDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER BASED ON UPON CONTRACT, IN TORT, WARRANTY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO THE SITE. This limitation does not apply to claims of personal injury caused by products ordered through the Site.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF MONEY YOU HAVE SPENT ON PURCHASES THROUGH THE SITE DURING THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $500.00.
This limitation of liability reflects an allocation of risk between the parties.
You agree to indemnify, defend and hold harmless us, our affiliates, officers, directors, employees, agents, services providers and licensors from and against all losses, liabilities, costs (including without limitation attorneys' fees and costs on appeal or at trial), damages, judgments, and claims arising from or relating in any way to third party claims arising from or related to your misuse of the Site or violation of these Terms.
16. ELECTRONIC COMMUNICATIONS
By using the Site, you agree to receive certain electronic communications from us, whether on our website, through the Site or by email. You may unsubscribe from communications at any time by clicking the appropriate link in the communication. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. All calls, emails and other communications between you and us may be recorded. If you do not want to receive email or other communications from us, you can also contact us at email@example.com. If you order products or services through the Site, then you may receive certain communications from us, such as administrative announcements and customer service messages, and you will not be able to opt out of receiving such communications.
17. INTERNATIONAL USERS
We control and operate the Site from our offices in the United States. We do not represent that the Site (or any content) are applicable, appropriate or available for use in locations outside the United States. If you choose to access or use the Site from locations outside of the United States, you do so at your own initiative and risk and you are responsible for compliance with all applicable United States and local laws and regulations. Unless otherwise stated, the Site is solely directed to individuals, companies, or other entities located in the United States.
You may terminate these Terms by closing your account at any time. We reserve the right in our sole discretion to (i) terminate or suspend your account, (ii) delete your account and any of your content, (iii) restrict your use of all or any part of the Site, and (iv) modify or discontinue the Site (or any part of the Site), for any or no reason, without notice, and without liability to you or anyone else. We also reserve the right to block users from certain IP addresses or device numbers and prevent access to the Site. These Terms shall remain in effect even after your account is terminated and termination does not relieve you of any obligations to pay any fees or costs accrued prior to termination and any other amounts owed by you to us. Upon termination, the license provided in these Terms to you shall automatically end and we reserve the right to delete all of your information and data stored on our servers.
19. RESOLVING DISPUTES
If a dispute should arise between you and us, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service, reachable by sending an email through the Site.
If your dispute cannot be resolved using our customer service team, the following terms describe how we shall proceed with the resolution of the dispute.
20. AGREEMENT TO ARBITRATE DISPUTES
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
WE BOTH AGREE TO ARBITRATE: You and we agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration will be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms will be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in these Terms will govern. The JAMS Rules and instructions for how to initiate arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267.
Arbitration under these Terms will be held in the United States county where you live or work, California, or any other location we mutually agree to, and will be governed by New York law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and us, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES EACH HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
The terms that by their nature may survive termination shall remain in effect and survive the termination of these Terms, including without limitation, Content Submitted, Ownership, Indemnity, Warranty Disclaimer, Limitation of Liabilities and Damages and Miscellaneous.
b. Choice of Law/Forum Selection
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules.
c. No Waiver.
Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of that or any other right or provision. Neither the course of conduct between the parties nor trade practice shall modify any of the terms in these Terms.
The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any part of a provision is found to be partially or wholly invalid, illegal or unenforceable, such provision, or portion thereof, will be modified or restricted to the extent and in the manner necessary to render them valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished by disposition of a court of law. If such provision cannot under any circumstances be so modified or restricted, then it will be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.
f. Entire Agreement.