Terms of Service

January 2019
ZENB US, Inc. Terms of Use

This is an agreement between ZENB US, Inc.’s website (“ZENB”, “we”, “our” or “us”) and users of ZENB’s website (ZENB.com), and governs your use of our website (“Site”).

 These Terms of Use are binding for all users of our Site. Please read these Terms of Use (“Terms”) carefully and note that we may change the Terms from time to time.

 

Your Agreement to These Terms

By using our Site, you acknowledge and agree that you have read these Terms. You agree that all disputes with us will be resolved through arbitration (as discussed below). You accept and agree to be bound by these Terms.

Our Site are for adults and not intended for people under 18. We do not knowingly collect or store any personal information about children under 18 years of age, unless provided by a parent, guardian, or other adult seeking our services on behalf of a child.

 

Changes

We may change these Terms from time to time. The most recent version will replace and supersede all previous versions. You should return to this page from time to time to review the rules applicable to using our Site.

 

Compliance with Applicable Laws

As a condition of your access to and use of our Site, you agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and that you will comply with all applicable laws and any conditions or restrictions imposed by these terms. Our Site is offered for your personal and non-commercial use only, and you are prohibited from using and are expressly not granted the right to use the Site for any other purpose.

 

Privacy Policy

Please also review our Privacy Policy, which is incorporated in these Terms. Our Privacy Policy explains what data and/or personal information we collect about you and how we use your data and/or personal information.

 

Electronic Communications

You agree to receive emails and other electronic communications from us. You agree that electronic messages we send to you are communications “in writing” for legal purposes.


Your Data

We will take commercially reasonable steps to ensure the integrity of our systems and prevent hacks. However, no system is impenetrable. You agree that we are not responsible for someone hacking your account.

 

We may change the services we offer or suspend or cease performance of the services at any time or for any reason. We also reserve the right to cancel or refuse services. We may also remove or edit content or delete accounts.

 

Risk of Loss

All purchases of physical items from ZENB are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

Returns, Refunds and Title

ZENB does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, ZENB does not take title to the refunded item.

 

Product Descriptions

ZENB attempts to be as accurate as possible. However, ZENB does not warrant that product descriptions or other content of any ZENB service is accurate, complete, reliable, current, or error-free. If a product offered by ZENB itself is not as described, your sole remedy is to return it in unused condition.

 

Links to Third Party Services

Parties other than ZENB operate stores, provide services or software, or may sell product lines through ZENB’s Site. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from ZENB. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their websites). ZENB does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

 

Communications Between Us and You

If you sign up for our email list and indicate that you want to receive such information, you agree that we may communicate with you from time to time regarding our Site and from third parties.

 

We reserve the right to contact you by email for purposes of informing you of changes to our Site or these Terms. We may also contact you regarding surveys or feedback regarding the Site.


No Unlawful or Prohibited Use/Intellectual Property

We grant you a non-exclusive, non-transferable, revocable license to access our Site, as long as you agree with our Terms.

You agree not to use our Site to do anything illegal. You also agree that you will not do anything that violates these Terms. You agree that you will not try to hack us or try to sabotage our services in any way. You agree that you will not try to access another user’s data or do anything that prevents someone else from using our Site.

All of the content on our Site is protected by various laws. That means all articles, photographs, pictures, graphics, video, audio, text, logos, software, and other content are protected by copyright as collective works or compilation under the copyright laws of the United States and other countries. All individual articles, photographs, pictures, graphics, video, audio, text, logos, software, and other content are also copyrighted works. All copyrights in the Site are owned by us or by our third-party licensors to the extent permitted under the United States Copyright Act and all international copyright laws.

You agree not to use, publish, reproduce, distribute, enter into a database, display, perform, modify, create derivative works, transmit, or exploit in any way our materials, except that you may make use of the content for your own personal use as follows: you may make one machine readable copy and/or print copy that is limited to occasional articles of personal interest only.

 

International Users

If it is against the law to use our Site where you are, or if it is unlawful to transfer your data to the United States, do not use our Site.

 

Indemnification

You agree to indemnify and hold harmless ZENB, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of our Site or breach of these Terms. You will cooperate as fully as required by us in the defense or settlement of any claim.

 

Arbitration

In case of any disputes between us that cannot be resolved through informal discussions, you agree to submit such disputes to a neutral arbitration organization appointed by the American Arbitration Association and in accordance with the Federal Arbitration Act. The arbitrator’s decision and award is final. You and we also both agree not to disclose the contents of the arbitrator’s decisions related to the arbitration to anyone (except as required by law or for the purposes of enforcement or appeal of the arbitration award).

 

Arbitration will cover all disputes and claims regarding these Terms, including tort claims, direct claims, or indirect claims. The arbitrator can issue rulings on any substantive or procedural issues arising in the dispute, including the scope of the dispute. This arbitration clause will continue to be valid even if these Terms are no longer valid for some reason.


If you have a claim or dispute, you must contact us first, so we can try to resolve the matter. You agree to give us 60 days to try to resolve the dispute before requesting arbitration. The arbitration of any dispute or claim will follow the relevant rules of the American Arbitration Association as modified by these Terms.

 

If you and we have to participate in arbitration of disputes between us, such arbitration shall take place in Chicago, Illinois.  The arbitrator may not award relief in excess of or contrary to what these Terms provide, order consolidation or arbitration on a class-wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration section is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

There shall be no right or authority for any claims subject to this arbitration section to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).

You must contact us within one year of the date of the event or facts giving rise to a dispute or you will have waived the right to pursue a claim based on such event or facts.

 

Class Action Waiver

Any arbitration will be on an individual basis. By using these Site, you agree that you cannot make “class action” claims.

Unless both you and we agree, the arbitrator cannot group claims together.

 

Liability Disclaimer

WE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SITE, OR INFORMATION ACCESSIBLE THEREIN TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SITE AND INFORMATION ACCESSIBLE THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES WITH REGARD TO THE SITE AND INFORMATION ACCESSIBLE THEREIN, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR


PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR RELATED GRAPHICS OBTAINED THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

Representations and Representations

YOU REPRESENT AND WARRANT THAT NO MATERIALS YOU SUBMIT TO US OR OUR SITE WILL VIOLATE, PLAGIARIZE, OR INFRINGE UPON THE RIGHTS OF THIRD PARTIES OR CONTAIN LIBELOUS OR UNLAWFUL MATERIAL. YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OLD.

 

Copyright Infringement

If you are a copyright owner or an agent of a copyright owner, and you believe that any content on the website, mobile apps, or other online services infringes such copyright(s), then you may submit a notification pursuant to the Digital Millennium Copyright Act of 1998 (the “DMCA”) by providing our Designated Copyright Agent with the following information in writing:

 

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed;
  • identification of the material that is claimed to be infringing and information sufficient to permit us to locate the material;
  • contact information of the complainant, such as an address, telephone number, and, if available, an e-mail address;
  • a statement that the complainant has a good faith belief that use of the material is not authorized; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly

 

The above information must be included in the Notice and submitted to our Designated Copyright Agent by mail and e-mail to the following address:

 

ZENB US, Inc.

950 Fulton St., Suite A

Chicago, Illinois  60607

Attention:  General Counsel

CustomerService@ZENB.com                   

 

Termination/Access Restriction

We reserve the right to prevent you from visiting our Site without notice.


Applicable Law

This agreement and our Site and Services are governed by the laws of the State of Illinois. You agree that the courts in Cook County, State of Illinois have exclusive jurisdiction over any matters, disputes, and claims relating to the content, use of, or any other matter relating to our Site.

If you are in a location that does not permit any of the terms in this agreement, you agree you will not use our Site.

Using the Site does not mean that there exists a joint venture, employment, or partnership between or among us.

If any part of this agreement invalid or unenforceable, the rest of the agreement will continue to be valid and enforceable.

This agreement and the Privacy Policy is the entire agreement between you and us. The most recent version of the Terms is the valid version.

 

Contact Us

If you have any questions or comments, please contact us. We welcome your questions regarding these terms:

 

ZENB US, Inc.

950 Fulton St., Suite A

Chicago, Illinois  60607

Attention:  General Counsel

CustomerService@ZENB.com