TERMS & CONDITION
Zyion Cosmetics provides the content and services available on our website to you, subject to the following terms and conditions, our Privacy Policy, terms and conditions available at Zyioncosmetics.com, and any other terms and conditions and policies which you may find throughout our website in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, “Terms and Conditions”).
THE SECTION BELOW TITLED “DISPUTES” CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
You must be 17 years old or the age of majority in your jurisdiction in order to make a purchase on our website. If you are under 17 years old or the age of majority in your jurisdiction, then you may not make a purchase on our website. If you are under 17 years old, you may browse our website. However, you may not provide personal information to us, make a purchase on the website nor register on the website. This website is not directed to children under 17 years old. By accessing or using the website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR WEBSITE.
The products and services available on our website, and any samples we may provide to you, are for personal and/or professional use only. You may not sell or resell any of the products or services, or samples; you purchase or otherwise receive from us. Please note that we will track the purchases you make as customer through our website, and by telephone order. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
We attempt to be as accurate as possible when describing our products on our website; however, we do not warrant that the product descriptions, colors, information or other content available on the website are accurate, complete, reliable, current, or error-free.
This website may contain typographical errors or inaccuracies and may not be complete or current. Zyion therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
All information and content available on our website and its look and feel, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, button icons, images, audio clips, data compilations and software, and the compilation and organization is our property or the property of our subsidiaries, affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks.
Except as set forth in the limited licenses in next bullet point below, or as required under applicable law, neither the content nor any portion of our website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
We grant you a limited, revocable, non-transferable and non-exclusive license to access and make personal use of our website. This limited license does not include the right to:
(1) Frame or utilize framing techniques to enclose our website or any portion thereof.
(2) Republish, redistribute, transmit, sell, license or download from the website or any and/or all content (except caching or as necessary to view our website).
(3) Make any use of our website or any and/or all content other than personal use.
(4) Modify, reverse engineer or create any derivative works based upon our website or any and/or all of its content.
(5) Collect account information for the benefit of yourself or another party.
(6) Use any Meta tags or any other “hidden text” utilizing any and/or all content.
(7) Use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on our website or affixed to or contained in our website.
We also grant you a limited, revocable, non-transferable and nonexclusive license to create a hyperlink to the home page of our website for personal, non-commercial use only. A website that links to ours:
Any unauthorized use by you of our website or any and/or all of our content automatically terminates the limited licenses set forth in a section above without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
In the access or use of our website, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on our website. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the website or any content or services that may appear on this website and may not impair in any way the integrity or operation of the website. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to Zyion, its subsidiaries, affiliates, partners and/or licensors.
Subject to the age restrictions outlined above, you may view and use many features of the website without registering, including making purchases, but in order to access and use some parts of the website, you may need to register an account with us. You may choose to create an account on our website if you are over seventeen (17) years of age. Do not register if you are not over seventeen (17) years of age. If you are over seventeen (17) years of age and do register, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been an unauthorized use of your password or account, please notify us immediately. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur with your permission or authorization under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password. If you are accessing and using our website on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of our website or content resulting from such access or use. You may cancel your online account with us at any time. We reserve the right to refuse service and/or terminate accounts, without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in Zyion’s best interests to do so.
We are not responsible for the content of any off-website pages or any other websites linked to or from the website. Links appearing on the website are for convenience only and are not an endorsement by us, our parents, subsidiaries, our affiliates or our partners of the referenced content, product, service, or supplier. You linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
Our website may offer certain special features and functionality or events (such as contests, sweepstakes or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms and Conditions; and (b) be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.
It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any submission, you hereby grant us a worldwide, non-exclusive, unrestricted, royalty-free, perpetual, irrevocable, assignable right and license to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the submission within or in connection with our products or services. You also acknowledge that your submission will not be returned and we may use your submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. If you make a submission, you represent and warrant that you own or otherwise control the rights to your submission. You further represent and warrant that such submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any submission. You agree to indemnify us from all claims arising from or in connection with any claims to any rights in any submission or any damages arising from any submission.
When you transmit, upload, post, share, distribute, reproduce, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials on the website in any manner (including, but not limited to, through the “Contact Us” form), you are entirely responsible for such User Content. Such User Content constitutes a submission under Section i above. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the website. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the website user content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.” You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, including without limitation, (ii) “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any user content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.
We do not endorse or control the user content transmitted or posted on the website and therefore, we do not guarantee the accuracy, integrity or quality of user content. You understand that by using this website, you may be exposed to user content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any user content, including, without limitation, for any errors or omissions in any user content, or for any loss or damage of any kind incurred by you as a result of the use of any user content transmitted, uploaded, posted, e-mailed or otherwise made available via this website. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with user content.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any user content and we reserve the right to change, condense, or delete any User content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any user content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
If you wish to delete certain of your public user content, such as your ratings and reviews posting(s), on the website or in connection with our mobile applications, please contact us by calling customer services or write to us and include the following information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request.
We respect the intellectual property of others and require that users of our websites do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the websites’ use privileges of users who are repeat infringers of intellectual property rights. Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the following:
You can contact our designated agent for notifications of claimed infringement at:
Registered Agent Inc.
82 Wendell Ave STE 100
Pittsfield, Ma. 01201
508-475-6002
NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING ZYION ONLINE THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE.
OUR WEBSITE AND ITS CONTENT AND SERVICES ARE PRESENTED “AS IS.” NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE SITE TERMS AND CONDITIONS OR THE SITE OR ITS CONTENTS OR SERVICES.
YOU AGREE THAT NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE WEBSITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE OR YOUR USE THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED TEN DOLLARS ($10.00).
YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE WEBSITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand arising from (i) your use of the website or the website content in violation of any law, rule, regulation or these Terms and Conditions, or (ii) any part of your user content. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
With respect to any dispute, claim, or controversy regarding the website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Massachusetts as if the Terms and Conditions were a contract wholly entered into and wholly performed within Massachusetts. ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, THESE WEBSITE TERMS AND CONDITIONS, OR THE RELATIONSHIP BETWEEN THE PARTIES (OTHER THAN CLAIMS RELATING TO THE INTELLECTUAL PROPERTY RIGHTS OF ZYION OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS OR CLAIMS IN EQUITY) SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN MASSACHUSETTS AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT AN ARBITRATOR(S) WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You consent to receive any agreements, notices, disclosures and other communications to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on this website. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by contacting customer services and discontinue your use of this website. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth above, shall automatically terminate. Unfortunately, we cannot provide the benefits of this website to any user that cannot consent to receipt of Notices electronically. Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the websiite, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the website and providing notice of such change. Any changes are effective immediately upon posting to the website and release of notice of such change. Your continued use of the website thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the website.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.
WELCOME TO ZYION COSMETICS