Terms Of Service
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TERMS OF SERVICE WHEN DOING BUSINESS WITH ZARO MEDIA INC, No EXCEPTIONS.
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OVERVIEW
This website is operated by ZARO Media, Inc.. Throughout the site, the terms “we”, “us” and “our” refer to ZARO Media, Inc.. ZARO Media, Inc. 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 Squarespace, 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 (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
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 anytime 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 detail, please review our Returns Policy.
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 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 are 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. To view our Privacy Policy.
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 ZARO Media, Inc., 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 ZARO Media, Inc. 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 govern 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 2745 Hackney Rd, Weston, FL, 33331, 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 - TERMS AND CONDITIONS FOR PROPOSAL, SERVICE & ALL BUSINESS CONDUCTED WITH ZARO MEDIA INC.
THESE TERMS AND CONDITIONS FOR PROPOSAL SHALL APPLY AND SUPERSEDE ALL PRIOR POLICIES, TERMS, CONDITIONS, OR PROPOSALS WITH RESPECT TO THE PROJECT, SERVICES, AND/OR MATERIALS DESCRIBED IN THE PROPOSAL ON THE REVERSE SIDE HEREOF, UNLESS AMENDED OR MODIFIED IN A WRITING SIGNED BY US.
Definitions. “We”, “us”, and “our” refers to the Company, Zaro Media, Inc. 7. “You” and “your” refers to the person or entity to whom the Proposal was issued. “Services” and “Materials” means the services and/or materials described on the reverse side hereof. “Proposal” collectively means the services, materials, estimated prices, and all other information set forth on the reverse side hereof. “Project” means the total scope of work in connection with the services and/or materials as described in the 8. Proposal.
Construction and Legal Effect. The Proposal is not a contract. It is a good faith estimate of your costs, fees, and/or expenses for the completion of
the Project quoted from us based on the information known by and available to us at the date of the Proposal. The Proposal shall have no 9. effect until a copy of the Proposal signed by you is received at our home office and acceptance thereof is acknowledged by us in writing. Your acceptance of the Proposal shall be subject to these Terms and Conditions. Inconsistent terms and conditions in your acceptance of this Proposal shall not be binding on us and, therefore, any exceptions or modifications you may desire must be specifically called to our attentionin writing and will not be considered effective unless and until we have 10. accepted and acknowledged the requested exceptions or modifications in
a signed writing on such terms as are acceptable to us. No waiver of modification of any of these Terms and Conditions shall be considered effective unless in writing and signed by us. This Proposal conclusively supersedes all prior written and oral negotiations concerning the services and/or materials which it describes, and there are no outside conditions or agreements. Further, this Proposal is subject to subsequent correction byus in case of clerical or stenographic error.
Agreement. By accepting the Proposal and these Terms and Conditions
you agree to execute a Service Agreement which sets forth the terms and conditions subject to which we will provide our services and/or materials and complete the Project (hereinafter “SA”). The Proposal and these Terms and Conditions shall be attached as an Exhibit to, and as such be deemed incorporated in, the SA. You acknowledge and agree that we shall have no obligation to provide any services and/or materials to you pursuant to the Proposal unless and until you have executed our SA.
Proposal. You understand and acknowledge that the quoted price in the Proposal is not a price guaranty but a good faith estimate of the fees, costs, and/or expenses you will have to pay us to provide the services and/or materials described on the reverse side hereof for the completion 11. of the Project. You agree that you will be responsible to pay any and all additional fees, costs, and/or expenses which were incurred or invoiced in connection with the Project: (i) upon your request or otherwise caused by
your actions or omissions; (ii) due to your breach of these Terms and Conditions or of the provisions of any subsequently executed agreement concerning the Project, including, without limitation, the SA; or (iii) not 12. due to our wrongful acts or omissions or gross negligence (including, but
not limited to, increases in price of labor and/or material which are beyond
our reasonable control).
Non-Disclosure. You agree that for a period of one (1) year as of the date
of the Proposal, you will not disclose the contents of the Proposal to anyone except those to whom disclosure is necessary in connection with its evaluation. In such cases, you agree not to disclose the contents to such individuals unless they are bound in writing to keep our Proposal confidential in accordance with these Terms and Conditions. You agree to use the same care and discretion to avoid disclosure of this Proposal as you use with your own confidential information.
Expiration. The Proposal and all quoted prices contained therein will be effective as of the date of the Proposal and will expire thirty (30) days thereafter. If you fail to return a signed copy of this Proposal to us within thirty (30) days from the date of the Proposal, the Proposal shall be deemed to have expired and you must request a new proposal from us for the Project, which proposal may substantially differ from this Proposal. Accordingly, this Proposal shall automatically be deemed rejected by you, unless we receive a signed copy thereof within thirty (30) days of its effective date. You further acknowledge and agree that the SA must be executed within no more than one (1) week from the date of your acceptance of the Proposal. In the event that you fail to execute the SA within one (1) week of your acceptance of this Proposal, the Proposal shall be deemed to have expired automatically, and you must request a new proposal from us for the Project, which proposal may substantially differ from this Proposal.
Prices and Payment. All quoted prices in the Proposal are based on current costs, availability of materials, and labor. We reserve the right to adjust the quoted price to reflect any increase in these costs. You must submit payment to us as set forth in the SA. All payments and deposits are non-refundable.
Taxes. In addition to the contract price, you must pay or reimburse us for any and all taxes, license, inspection fees, and/ or similar charges imposed upon any sale or delivery required by the governmental jurisdiction applicable to you and resulting from any contract arising from this Proposal.
Cancellation or Modification. Cancellation of the accepted Proposal, or any waiver or modification of these Terms and Conditions will not be binding on us unless made in writing by you and signed by us. You agree to be responsible for any cancellation charges which may result from any modification or cancellation of the accepted Proposal and/or SA.
Jurisdiction & Governing Law. These Terms and Conditions, as well as the rights and duties of the parties to any contract resulting from this Proposal and any business relationship that results from this Proposal, shall be governed by the laws of the State of Florida (regardless of its conflict of law principles). Any controversy or claims arising under any agreement resulting from this Proposal shall be submitted to the state and federal courts located in Miami-Dade County, Florida, and you agree that the state and federal courts in Miami-Dade County, Florida, shall have exclusive jurisdiction over any dispute arising under the Proposal or these Terms and Conditions, out of the transactions contemplated in the Proposal, or otherwise from the breach of any agreement resulting from this Proposal. By accepting this Proposal, you agree to the exclusive jurisdiction and judgment of the state and federal courts of Miami-Dade County, Florida, and agree that the judgment of such courts shall be enforceable in the jurisdiction in which you are located.
Attorney’s Fees. In the event of a dispute between the parties regarding these Terms and Conditions, the prevailing party shall be entitled to an award of its reasonable attorney’s fees and court costs against the non-prevailing party, from the inception of claim through and including all trial and appellate levels and collections.
Miscellaneous. (1) These Terms and Conditions are binding upon and for the benefit of you and us, and your and our respective successors and assigns.
(2) Failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of any term or condition hereof.(3) You are herein notified that we consider these Terms and Conditions and any additional terms listed on the face of the Proposal to be included as an addition to any request for services and/or materials subsequently issued by you based upon this Proposal. This Proposal and all of the terms and conditions that it contains are a part of any notice of acceptance of the Proposal issued to us and of the SA resulting from this Proposal.
(4) Where these Terms and Conditions conflict with any general terms and conditions listed on any acceptance resulting from this Proposal, we hereby make our acceptance and execution of the SA conditional on your: (i) acceptance of any and all of the terms and conditions set forth in this Proposal and in these Terms and Conditions; and (ii) agreement that the same supersede any conflicting conditions of your acceptance of the Proposal.
(5) All payments and deposits are non-refundable.
Notices. Notices and other communications called for by the Proposal or these Terms and Conditions shall be given by fax, e- mail, or any method prescribed by law, at the addresses stated for you and us on the reverse side hereof.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@zaromedia.com.