TERMS OF USE

Overview

This site is operated by ZePooch. Throughout the site, the terms "or", "or" and "or" refer to ZePooch. ZePooch offers this site, 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 are engaging in our "service" and agreeing to be bound by the following terms ("Terms of Service", "Terms"), including terms and policies additional information mentioned below and / or available by hyperlink. These terms of service apply to all users of the site, including users who are without limitation browsers, suppliers, 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 of the terms of this agreement, 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 feature or tool that is added to the current store is also 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 periodically check this page 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 Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

SECTION 1 - CONDITIONS OF THE ONLINE STORE

By accepting 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 have given 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 and, in using the Service, violate the laws of your jurisdiction (including, but not limited to, copyright laws).

You must not transmit any worms or viruses or code of a destructive nature.

A violation or violation of any of the Terms will result in the immediate termination of your Services.

  

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason.

You understand that your content (not including credit card information), may be transferred unencrypted and involve a) transmissions over various networks; b) modifications to conform and adapt to the 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 part 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 written permission. express by us. 

The sections used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

  

SECTION 3 - ACCURACY, COMPLETENESS AND SPEED OF INFORMATION

We are not responsible if the information available on this site is not accurate, complete or current. The materials on this site are provided for general information only and should not be relied on 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 up to date and is provided only for your reference. We reserve the right to change the content 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 - CHANGES TO THE SERVICE AND PRICES

The prices of 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 will not be liable to you or any third party for any modification, price change, suspension or termination of the Service.

 

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online on the website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our return policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but we are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We can exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions or product prices are subject to change at any time 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 guarantee that the quality of any products, services, information or other materials 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, at our sole discretion, limit or cancel the 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 or cancel an order, we may attempt to notify you by contacting the email and / or billing address / phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders which, in our sole opinion, appear to be placed through dealers, resellers or distributors.

You agree to provide up-to-date, complete and accurate purchase and account information for all purchases made from 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 details, please see our returns policy.

  

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third party tools over which we do not monitor, have any control or input.

You acknowledge and agree that we provide access to these tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We will not have any liability arising out of or relating to your use of optional third party tools.

Any use by you of optional tools offered by 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 the tools are provided by the relevant third party vendor (s).

We may also, in the future, offer new services and / or features through the website (including the release of new tools and resources). These new features and / or services are also subject to these Terms of Service. 

 

SECTION 8 - THIRD PARTY LINKS

Certain content, products and services available through our Service may include material 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 reviewing or evaluating the content or accuracy and we do not warrant and will have no liability for any third party materials or websites, or for any other material, product or third party services.

We are not responsible for any damages or damages related to the purchase or use of goods, services, resources, content or any other transaction made in connection with third party websites. Please carefully review the policies and practices of the third party and make sure you understand them before participating in any transaction. Complaints, claims, concerns or questions about third party products should be directed to third parties.

 

SECTION 9 - COMMENTS, FEEDBACK AND OTHER SUBMISSIONS FROM USERS

If, at our request, you send out certain specific submissions (e.g. competition entries) or without request from us, you send creative ideas, suggestions, proposals, plans or other material, whether in online, by email, by post or otherwise (collectively, "comment"), you agree that we may, at any time, without restriction, modify, copy, publish, distribute, translate and otherwise use in any media any comments you send us. We are and will not be required (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 any content that we determine in our sole discretion is illegal, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates the intellectual property of a part or these Terms of Service.

You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or any other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or will not contain any computer viruses or other malicious software that could in any way affect the operation of the Service or any related website. You may not use a false email 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 all comments you make and for their accuracy. We take no responsibility and assume no responsibility for comments posted by you or any third party.

 

SECTION 10 - PERSONAL INFORMATION

Your presentation of personal information through the store is governed by our Privacy Policy. To view our privacy policy.

 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

From time to time, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, sales charges. product shipping, 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 a related website is inaccurate at any time without notice (including understood after you have submitted your order).

We have no obligation to update, change or clarify any 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 any information in the Service or on any related website has been modified or updated.

 

ARTICLE 12 - PROHIBITED USES

In addition to other prohibitions set out in the Terms of Service, you are prohibited from using the site or its content: a) for any illegal purpose; b) to solicit other persons to commit or participate in any illegal act; c) violate any local, international, federal, provincial or state regulations, rules, laws or ordinances; d) infringe or violate our intellectual property rights or the intellectual property rights of others; e) to harass, abuse, insult, hurt, defame, slander, denigrate, intimidate or discriminate on the basis of sex, sexual orientation, religion, origin ethnicity, race, age, national origin or disability; f) present false or misleading information; g) 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 any related website, other websites or the Internet; h) collect or track the personal information of others; i) spam, phish, pharm, pretext, spider, crawl or scratch; j) for any obscene or immoral purpose; k) interfere with or bypass 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.

 

ARTICLE 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not warrant, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error free.

We do not guarantee 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 discontinue the service indefinitely or cancel the service at any time without notice to you.

You expressly agree that your use or inability to use the service is at your sole risk. The Service and all products and services provided to you through the Service are (except as we have expressly stated) provided "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, whether express or implied, including all implied warranties or conditions of merchantability, merchantability, fitness for a particular purpose, durability, title and non-infringement.

In no event will ZePooch, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any damages, losses, claims, or direct, indirect damages, incidental, punitive, special, or consequential of any kind, including, without limitation, lost profit, loss of revenue, loss of data, replacement charge, or similar damages, whether based on contractual damages,, strict liability or otherwise, arising out of your use of any of the services or any product purchased using the service, or any other claim related in any way to your use of the service or of any other product, including, but not limited to, any error or omission in any content, or any loss or damage of any kind incurred as a result of using the ser defect or any content (or product) displayed, transmitted, or otherwise made available through the service, even if it is made aware of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability is limited to the maximum extent permitted by law.

 

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless ZePooch and our harmless parent company, subsidiaries, subsidiaries, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees against any claim or demand, including reasonable attorneys' fees, made by any third party as a result of or arising out of your violation of these Terms of Service or the documents they incorporate by reference, or your violation of any law or of the rights of a third.

 

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is held to be illegal, void, or unenforceable, that provision is nonetheless enforceable to the fullest extent permitted by applicable law, and the unenforceable portion is deemed to be removed from these Terms of Service, such determination does not affect the validity and enforceability of the other remaining provisions.

  

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred before the termination date survive termination of this Agreement for all purposes.

These Terms of Service are effective unless and until we notify them. You can terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.

If, in our sole opinion, you fail, or we suspect that you have breached, any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice and you will remain responsible for all amounts due up to and including the date of termination; and / or, therefore, you can deny yourself access to our Services (or any part of them).

  

SECTION 17 - FULL AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.

These Terms of Use and any policies or operating rules posted by us on this site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. , superseding any prior or contemporaneous agreement, communication and proposal, whether oral or written, between you and us (including, but not limited to, all prior versions of the Terms of Service).

Any ambiguity in the interpretation of these Terms of Use should not be interpreted against the drafting part. 

 

ARTICLE 18 - GOVERNING LAW

These Terms of Service and any separate agreements by which we provide services to you will be governed by and construed in accordance with the laws.

  

SECTION 19 - CHANGES TO 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, 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 periodically check our website 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 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at contact@zepooch.com.