ZEPHORIA, INC TERMS OF USE


This document comprises our Terms of Use Agreement, hereinafter referred to as the “Agreement”, and constitutes a legally binding contract between you, the visitor to this web location, hereinafter referred to as the “Site”, and Zephoria, Inc.

This Site is owned and operated by Zephoria, Inc.

Please read this document very carefully and do not use our site or any of our tools or services until you have completely read this Agreement. We reserve the right to amend this document at any time without notice to you. Please read this document each time you visit our Site or use any of our tools or services, including the purchase of any product or service through our Site.

As a condition precedent to you being able to use any of the tools, functions and services provided to you by this Site, you must read and agree to be bound by each and every one of the terms and conditions contained in this Agreement.

Should you access any component of this Site, or use any tools, functions or services that this Site offers, register as a member, or view any text or graphics, such activities on your part means expressly that you have read this Agreement and agree to be bound by the terms and conditions contained herein.

Should you not agree to be bound by each and every term and condition contained in this Agreement you must leave this Site at once.

Products Disclaimer and Warranties

All products are offered via Amazon.com. We operate our Site in association with Amazon.com. Amazon.com is directly and solely responsible for all products sold via our Site.


Some of the products that we offer will vary in color, appearance, design, or other characteristics because they are either unique in nature, hand made, or created from natural products which inherently possess varying characteristics.

The very nature of hand made or hand painted or adorned items will create variations in appearance and design from individual item to individual item.

Items that contain or consist of pottery, glassware, metal work, embossing, and milling will possess some degree in variation in appearance from item to item.

Wood products will vary in color, grain and other characteristics as a normal element of the species of wood and processing. Wood is a natural product and as such no two pieces of wood are identical. Wood cultivated in different areas will have a different appearance, even within the same species of wood. All types of wood possess various elements of defects, mineral streaks, worm holes and species specific variation issues and presentation.

Photographs of certain products cannot accurately depict the color of the product due to the limitation of photography and reproduction of images on the Internet and your own computer monitor. The color change or difference from photo to photo will vary in the amount of variation from product to product. Our photographs and descriptions of products can be used as a general guideline, only.

We are therefore not held responsible for reasonable variations in color, appearance or quality where those variations are a natural feature of the product that you have ordered.

We provide no warranties regarding any product you purchase. The original manufacturer’s warranty shall apply to all purchases you make through us.

General Terms

You must be at least 18 years of age to use our tools and services or be under the direct supervision of your parent or guardian when you place any orders or use our tools or services. We do not knowingly collect personal data or information from minors.

We refer our visitors to third party sites. We are not responsible for the terms of service, business practices, products, services, privacy policies or any other aspect of such third party sites. Please carefully review all written documentation provided regarding these issues at any site that we refer you to.

Intellectual Property Provisions


All content provided within or via this Site is protected by various US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements.

No intellectual property of any nature contained within or via this Site may be copied, published, or broadcast in any way without the written permission of the content owner.

The content of this Site may not be “framed” or “mirrored”. All trademarks presented on or via this Site are owned by their respective owners and may not be used by you in any way.

Disclaimer Regarding Functionality

All content, tools, functions and services provided via this Site are provided on an “as is” basis and this Site disclaims any and all warranties, express or implied, including those warranties of merchantability, fitness for a particular purpose, title and non-infringement.

Such disclaimers may be limited by the laws of your state, and if so limited, may not apply to you. No warranties of validity regarding any of the content provided herein this Site are made and the operators of this Site have not independently verified the validity of any of the content presented herein this Site. It is your duty to independently engage in due diligence to verify any and all claims presented within this Site.

Limited License for Personal Use


You are allowed to make one copy of the content of this Site by downloading such material to your personal computer. You may not reproduce any content provided by this Site. Your license to use a personal copy of this Site is revocable by the operators of this Site at any time upon notice to you at your last known email address or by posting of a general notice on this Site to all users.

Your license terminated automatically upon your breach of any term or condition provided herein this Agreement. You may never use any of the content of this Site for a commercial enterprise or resell any content provided to you within this Site.


Termination of Service

We reserve the right to terminate any and all service provided to you at any time without notice for any reason we deem fit. We also reserve the right to discontinue any service or modify any service with no notice to you. If we terminate services to you, we will deactivate your account.

We shall not be liable to you or any third party if we terminate your account and you agree to hold us harmless and indemnify us from any third party claims arising from the termination of your account. No refunds will be granted to you if we terminate your account.

You agree that monetary damages may not adequately provide a remedy for us if you violate any of the terms and conditions of this Agreement and you agree that we may approach a Court of Equity of competent jurisdiction for the purpose of obtaining Orders in Equity should you violate any element of this Agreement.

Prohibited Content and Conduct

You understand and agree that use of the Internet means that you are subject to the risk of receiving or viewing harmful offensive content and files. We do not promise that we will review and edit all content or examine the products we sell for safety, quality, accuracy, or decency that you encounter via our Site.

You may not:

Automatic Viewing or Usage of this Site

You may not use any automated scripts or “robots” to access, copy, or manipulate any content provided on this site. You may not engage in denial of service attacks upon the servers that publish this Site. You may not engage in any content that uses more than .01% of the hardware and software infrastructure of this Site.

Links to Third Party Sites

We may provide links to third party sites; however, we are not responsible for the content of such sites or their terms of use or privacy policies. Please carefully review the terms of service and privacy policies of all such sites prior to usage. You assume the risk of any usage of such third party sites.


Limitation of Liability

We are not responsible for any damages arising from your use of this Site, or any tools, functions or services that this Site provides to you, or any product liability regarding products you purchase through us, whether the cause of action be based on tort, breach of contract, or any other legal theory, including punitive, actual, indirect, incidental or consequential damages of any nature or due to any cause of any nature.

You agree to hold us harmless from any loss or harm of any nature due to your usage of this Site or any tool or service that we provide to you. You agree that you will never sue or cause this Site to be sued for any reason or any legal theory whatsoever. Should you file any lawsuit against us, you agree that damages will be limited to that precise amount of money that you have paid us for services rendered to you.


Jurisdiction

This Agreement, including all Disclaimers, will be governed by and construed in accordance with the internal laws of the State of New York excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Rochester, New York by a dispute resolution service mutually agreeable to all parties. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then any member of the American Arbitration Association will appoint an arbitrator in accordance with their Rules and Procedures. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief. Any and all disputes regarding the content presented on this site must be resolved through arbitration as set forth in this section.

Foreign Usage

We make no representation that the usage of this Site, or the content provided herein, will not violate the laws of your local jurisdiction. You are responsible for the laws of your jurisdiction, especially if you are accessing this Site from outside the United States of America (USA). Unless otherwise stated, the contents of this site are published for the use and enjoyment of residents of the USA.

General Information

This Site may contain typographical errors or mistakes, and we disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors.

We may revise or modify any portion of this Agreement at any time without notice to you. You must read this Agreement each time you visit our site or use any tool or service that we provide to you via this Site or elsewhere. Any usage of this Site or tools, functions or services that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the latest version of this Agreement.

We may post user guidelines or rules on our site. If we do publish such materials, they are hereby incorporated into this Agreement as if fully set forth herein.

Notice

Notices to you may be issued via electronic mail or by surface mail, at our sole selection.

Intellectual Property Notices

You agree that you have been suitably noticed of any trademark, trade dress, service mark, copyright, patent or any other intellectual property rights or property rights of any nature and any violation by you of any such property rights is fairly deemed to be “willful” in nature.

All product names, marks, logos, symbols, and company names are the property of their respective owners and subject to the protection of State, Federal and International laws and regulations.