Terms and ConditionsUPDATED: March 25th, 2015
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND PLEASE READ ALL SECTIONS THESE TERMS AND CONDITIONS CONSTITUTE YOUR AGREEMENT (“AGREEMENT”) WITH Z-HOVAK. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF OUR WEB SITE, ANY ACCOUNT YOU MAY ESTABLISH ON THE SITE, AND YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES OFFERED ON THE SITE. BY ACCESSING AND/OR USING THE WEB SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THIS WEBSITE, HAVE AN ACCOUNT OR ACCEPT THIS AGREEMENT UNLESS YOU ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS AND/OR USE THE WEB SITE, SIGN UP FOR AN ACCOUNT, OR PURCHASE PRODUCTS OR SERVICES THROUGH THE WEB SITE.
USE OF zhovak.com
You understand and accept that all material including but not limited to information, data, text, software, music, sound, photographs, graphics, audio, video, appearing on this Site (collectively, “Z-Hovak Content”) is owned by Z-Hovak. You are expressly prohibited from using any Z-Hovak Content without our express written consent. Z-Hovak grants you a non-exclusive, non-transferable, limited right to access and use zhovak.com, and the materials thereon for your personal use only, provided that you comply fully with these Terms. You agree you will not interfere or attempt to interfere with the operation of zhovak.com in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these Terms. You understand and agree that you may not reproduce, copy, resell, manipulate, distribute, republish, download, display, post, transmit, or exploit any part of zhovak.com for any commercial purpose, nor may you frame or mirror any part of zhovak.com without our prior written authorization. Further you may not create derivative works from, republish, upload, edit, post, transmit, or distribute in any way whatsoever, any materials from zhovak.com without the prior our written permission. Any permission granted herein terminates automatically without further notice if you breach any of the above terms. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes.
Z-Hovak reserves the right, at its sole discretion, to change, modify, add or remove any portion of zhovak.com or these Terms, in whole or in part, at any time. Changes to these Terms will be effective when posted. You agree to review these Terms periodically to be aware of any changes. Your continued use of zhovak.com after any changes to these Terms are posted will be considered acceptance of those changes.
TRADEMARKS, COPYRIGHTS & RESTRICTIONS
The Z-Hovak logo, and associated designs, text, graphics, photographs and code are the intellectual property of Z-Hovak. You agree that you will not challenge the respective ownership rights of Z-Hovak to its respective Marks, and that you will not register or attempt to register any trademark, service mark, logo, and/or domain name that is identical or confusingly similar to any of Z-Hovak’s Marks.
NON-UNITED STATES RESIDENTS
Z-Hovak makes no representation that zhovak.com, including merchandise offered for sale and any related copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States of America. Those who choose to access zhovak.com from locations outside of the U.S. do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
DELIVERY AND RISK OF LOSS
With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier. All Prices are listed in US dollars.
zhovak.com IS PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. Z-HOVAK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Z-HOVAK DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. Z-HOVAK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Z-HOVAK BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF Z-HOVAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Z-HOVAK TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING zhovak.com.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from your breach of this agreement and/or your activities in connection with the site.
From time to time there may be information on zhovak.com that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.
We have made every effort to display, as accurately as possible, the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
At Z-Hovak, we value our customers and our goal is to create long standing relations with them. We stand by behind our products, and want to provide the best shopping experience for our customers. Z-Hovak does not have a formal return policy; instead we l review and handle returns on a case by case basis with the object of ensuring our customers are satisfied with their purchases. Please contact us at firstname.lastname@example.org to discuss any concerns you may have.
ACCOUNT SIGN IN
Although you can choose to purchase our products as a guest we recommend that you create an account with us. If you decide to become a zhovak.com account holder, you will be agreeing to (1) provide accurate, current and complete information about yourself as prompted by the appropriate registration form, (2) maintain and update your information to keep it accurate, current and complete, and (3) comply with these Terms. You may review, correct, change or update your information by visiting the Your Account section of zhovak.com. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right, at our sole discretion, to suspend or terminate your account. As part of the sign in process, you will be asked to select an account name and password. You may not choose an account name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion. We must reserve the right to reject account name in our sole discretion. You agree not to transfer or resell your use of or access to zhovak.com or permit anyone else whose account was suspended or terminated to use zhovak.com through your account, account name or password. If you have reason to believe that your password is no longer secure, you must promptly change your password by updating your account information, and immediately notify us by emailing. You are solely responsible for maintaining the confidentiality of your account name and password for any and all activities (including purchases) that are conducted through your account.
This Agreement is effective unless and until terminated by either you or Z-Hovak. If you create an account with Z-Hovak you may terminate it at anytime; provided however this will not relive you of liability for payment of products ordered from Z-Hovak You understand and agree that Z-Hovak may, in its sole discretion and at any time, terminate your password or account and immediately deactivate and/or delete any or all information about and concerning your account, including your registration information. You understand and agree that Z-Hovak may take any one or more of these actions without prior notice to you. You understand and agree that Z-Hovak shall not have any liability to you or any other person for any termination of your access to your account and/or the removal of information concerning your account.
These Terms shall be governed by and construed in accordance with the laws of the State of California and the United States of America, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. In no event shall you be entitled to injunctive or other equitable relief. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.