User agrees that:
(i) if the User has any User Content or any User login or password that it uses in association with this Website (including without limitation in association with any ZenPotamus Account of an ZenPotamus Purchaser), then User is solely responsible for maintaining the confidentiality of the same, and
(ii) if the User has any login or password associated with this Website (including without limitation in association with any ZenPotamus Account of an ZenPotamus Purchaser), then User
(a) is solely responsible for all uses of its login and password regardless of whether these uses are authorized by User, and
(b) User will immediately notify Company of any unauthorized use of the User’s login and password. Your use of the Website (including but not limited to using the Website to procure any Goods), as well as your interactions with the Company in store, or otherwise, is subject to the Company’s Privacy Notice located here , incorporated herein by reference, which applies to the collection, use, disclosure and other processing of personal information by Company (“ZenPotamus Privacy Policy”). As a result of such incorporation, each User hereby agrees to comply with the ZenPotamus Privacy Policy, as it may be amended from time to time by the Company. For clarity, and without limiting the generality of the foregoing, if you visit a Company store, and provide your contact information at check-out, your visit to the store is considered to be subject to the Company Privacy Policy. Without limiting any other provisions of this Agreement, all of the terms and conditions of the following are hereby incorporated into this Agreement by this reference:
All of the terms and conditions of the ZenPotamus Privacy Policy (as defined above), which shall govern all Users of the Website.
Registration of a ZenPotamus Account. You may register and create an account (a “ZenPotamus Account”) through the Website. If you choose to register for a ZenPotamus Account, you agree to complete the initial account registration process according to the requirements stated on the Website, and to provide accurate and complete information including, but not limited to, your legal name, and email address.
As part of the process of creating a ZenPotamus Account, you will have the option to choose a type of subscription to our Goods, with the terms of each subscription type to be fully set forth on the Website prior to purchase.
By signing up for a subscription, you agreed that your subscription will be automatically renewed and, unless you cancel your subscription, you authorized us to charge your payment method for the renewal term. You agree that we can change the terms of the subscription with advance notice to you and an opportunity for you to cancel.
Unless otherwise disclosed when you subscribe, you have the right to cancel your subscription. When a subscription is canceled, you will not receive a prorated refund, but you will continue to have access to your ZenPotamus Account until the end of the term during which you canceled the subscription. If you cancel your subscription, you will still be obligated to pay other charges incurred by you in the course of using our Goods prior to the date of cancellation.
Closing a ZenPotamus Account. You may voluntarily close your ZenPotamus Account at any time by canceling through the Website or by sending us an email to ZenPotamus@gmail.com in which you request that we terminate your ZenPotamus Account. ZenPotamus’s Right to Close ZenPotamus Accounts. We have the right to disable any ZenPotamus Account at any time upon any of the following events:
Your breach of any of the terms or conditions of this Agreement or the ZenPotamus Privacy Policy or any other ZenPotamus policies that govern the procurement of Goods; or Upon the occurrence of any other instance as set forth in the ZenPotamus Privacy Policy.
As a result of the Company exercising any other right it has to terminate this Agreement.
When making a purchase of our Goods (a “purchase” or “order”), including without limitation when you make any payments for an order using any third party payment solutions provided through the Website, you must provide accurate and complete information (including your full and proper name) as required when making that order and when otherwise using a credit card or other payment card (such as the payment cardholder name, payment card number, expiration date, and if requested, payment card security code) at the time of submitting your order form. You represent and warrant to ZenPotamus that your use of a payment card in connection with any purchase you make on or through the Website (including without limitation any credit card payments you make for an order using any third party payment solutions) is authorized and legal.
ZenPotamus T-shirts may not be sold blank online (which means over the internet). Selling online includes, but is not limited to your website, someone else’s website or a ‘public forum’ such as Amazon or Ebay. ZenPotamus t-shirts may not be sold blank anywhere online or on the internet. You may not resell or re-convey, or offer to sell or re-convey online, any ZenPotamus products to any person or entity, under any circumstances or through any means, unless you first substantially modify those products by printing, embellishing, or decorating them so as to clearly distinguish them from ZenPotamus’s product line. ZenPotamus shall have sole discretion to determine whether you have adequately distinguished the products. As a condition of buying ZenPotamus products from us now, you agree that these terms apply to ALL ZENPOTAMUS products you now have or later acquire, whether or not obtained from us and whether or not such products were previously or would otherwise be subject to these terms.
We define a “Wholesaler” as a person or business which purchases items at wholesale prices. Items sold to Wholesalers are not returnable, or refundable. Wholesale purchase orders, once submitted to ZENPOTAMUS T-SHIRT COMPANY may not be canceled.
Once you print, dye, or alter ZENPOTAMUS t-shirts you own them. Once goods are printed, or altered in any way the Customer cannot return them or make a claim relating to the goods. This has a number of implications for You. For example, if You print ZenPotamus t-shirts you should test one first to make sure you are happy with the final product. Also, before you print or alter ZenPotamus’s t-shirts you must make sure that you’ve received what you ordered, and that you are happy with the quality.
As part of, and in order to complete, the purchase of our Goods, you must either:
(i) use your ZenPotamus Account in order to complete your purchase of the Goods: or
(ii) provide any and all information that is required by this Website in order to complete your purchase of the Goods as a guest purchaser who does not have an ZenPotamus Account. For your protection, you must keep your user name and password secret. You must immediately notify us at ZenPotamus@gmail.com if you learn or suspect that the security of your user name or password has been breached. You are responsible for any loss or damage arising from your failure to protect your user name or password.
When you check out, the data is transmitted to our third party payment processing company. If you use other means of payment (such as ApplePay), you will be entering your information into those third party sites, and you should review those providers’ terms of use and privacy policies.
Only one promotion code may be used on any given order – promotion codes cannot be stacked. Promotion codes cannot be applied to previous purchase and may not be used for the purchase of physical gift cards or e-gift cards. Promotion codes are non-transferable and there is no cash alternative. Promotions codes must be redeemed by the date published, if provided. Any offer for any Goods or Service made on this site is void where prohibited.
If you are given a personal, individualized discount code by Company, in Company’s sole discretion the discount code is not transferable. The discount cannot be applied to previous purchases or the purchase of physical gift cards or e-gift cards and may not be redeemed for cash. Additionally, the discount code cannot be combined with any other promotion or discount. The discount cannot be applied to previous purchases or the purchase of gift cards and cannot be redeemed for cash or combined with any other offer.
We have made every effort to display as accurately as possible the colors and images of our Goods that appear at the store. We cannot guarantee that any computer monitor’s display of any color will be accurate. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.
We reserve the right but are not obligated, to limit the sales of our Goods or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. AS-IS. We do not warrant that the quality of any Goods, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
THE WEBSITE, ANY OTHER ZENPOTAMUS IP ASSETS, THE GOODS, AND ALL CONTENT PROVIDED ON OR THROUGH THE WEBSITE OR IN ASSOCIATION WITH THE GOODS, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND COMPANY EXPLICITLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
NEITHER THE COMPANY, ITS AFFILIATES, NOR ANY PERSON ASSOCIATED WITH THE COMPANY OR ITS AFFILIATES MAKES ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE, ANY OF THE COMPANY IP ASSETS OR THEIR CONTENT.
REGARDLESS OF THE FORM OF ACTION , WHETHER IN CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, ITS LICENSORS, ITS CONTENT PROVIDERS, OR ANY OF THE COMPANY’S OR ITS AFFILIATES’ DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUCCESSORS OR ASSIGNS (HEREINAFTER COLLECTIVELY REFERRED TO AS THE “COMPANY GROUP”), BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY OTHER ZENPOTAMUS IP ASSETS, THE GOODS , OR THEIR CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE WEBSITE, OTHER ZENPOTAMUS IP ASSETS, THE GOODS, AND THEIR CONTENT IS AT YOUR SOLE RISK. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, THE PARTIES AGREE THAT THE COMPANY’S (AND THE ENTIRE COMPANY GROUP’S) TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OR CAUSE OF ACTION OR THE ALLEGED BASIS OF THE CLAIM, WILL NOT EXCEED THE TOTAL AMOUNT OF PAYMENTS OR OTHER FEES ACTUALLY RECEIVED IN THE PRIOR TWELVE MONTH PERIOD BY THE COMPANY FROM A USER UNDER THIS AGREEMENT.
Each user hereby agrees to defend, indemnify and hold harmless the Company, its affiliates, and their officers, directors, employees, agents, licensors, content providers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Agreement or your use of the Website, any other ZenPotamus IP Assets, the Goods or any content provided therein.
The Company is committed to providing outstanding service to people with disabilities — and want everyone to be able to access and use this Website (including without limitation procuring any Goods through this Website).
THE FOLLOWING SETS FORTH THE ZENPOTAMUS’S ACCESSIBILITY STATEMENT FOR THIS WEBSITE:
We are committed to making our website as accessible as possible to people with special needs, including those with visual, hearing, cognitive and motor impairments. We’re constantly working towards improving the accessibility of our website to ensure we provide equal access to all of our users.
We always make sure that our website follows accessibility best practices by following the principles of universal design. This ensures the site is flexible and adaptable to different users’ needs or preferences and is accessible through a variety of different technologies, including mobile devices or assistive technologies.
We are committed to accessibility and believe that all of our consumers should be able to fully and completely access and use our digital offerings. This is an ongoing commitment, and we will continue its efforts to ensure its website is accessible to, and usable by, all persons including those with disabilities.
Wherever possible, we leverage Web Accessibility Developer Tools to ensure WCAG 2.0 compliance is met, and use general best practices provided by Web Content Accessibility Guidelines.
We welcome feedback on your experience on this site. If you have any accessibility comments or concerns, or if you would like to request any modifications, please let us know: ZenPotamus@gmail.com
We are committed to providing an accessible service. If you experience problems or have any suggestions for improvement, please get in touch with us. We do continuous improvement based on your feedback.
Email: ZenPotamus@gmail.com
We will do our best to respond to feedback within 3 business days.
This Websites may contain links to third-party websites. These links are provided for your convenience only. Company has no control over third-party websites and we are not responsible for the content of such websites or the privacy practices of those third-party websites. If you decide to access a third-party website linked from the Website, you do so entirely at your own risk and your use of those sites is subject to those websites’ terms and conditions and privacy policies.
READ THIS SECTION CAREFULLY
IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND THE COMPANY MAY HAVE AGAINST EACH OTHER ARE DETERMINED.
The laws of the Colorado, excluding its conflict of laws rules shall govern this Agreement, the ZenPotamus Privacy Policy, and any other policies of the Company. Dispute Resolution.
We will work in good faith to resolve any issue you have with the Site working in accordance with the stated specifications we provide, if you bring that issue to the attention of our customer service department. However, we realize there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
In the interest of resolving disputes between you and ZenPotamus in the most expedient and cost-effective manner, you and ZenPotamus agree that ALL disputes arising out of or related to this Agreement, the Privacy Policy, and/or your use of the Site or any of ZenPotamus’s Goods, whether based in tort, statute, fraud, contract, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these terms, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. This arbitration provision shall survive termination of these Terms of Use and Service and any other contractual relationship between you and ZenPotamus. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ZENPOTAMUS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.
Notwithstanding the paragraph above, nothing in these Terms of Use and Service will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if such an action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim. Arbitration Process. If you desire to assert a claim against ZenPotamus, and you elect to seek arbitration, you must first send to ZenPotamus, by certified mail, a written Notice of your claim (“Notice”). The Notice to ZenPotamus should be addressed to: ZenPotamus, Attn: PO Box 2003, Telluride, CO 81435 (“Notice Address”). If ZenPotamus desires to assert a claim against you and elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by ZenPotamus, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If ZenPotamus and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or ZenPotamus may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by ZenPotamus or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from JAMS at www.jamsadr.com. The arbitration will be administered pursuant to JAMS’ Comprehensive Arbitration Rules and Procedures or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, as modified by these Terms of Use. The JAMS Rules and Forms are available online at www.jamsadr.com, by calling JAMS at 1-800-352-5267, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Any arbitration hearing will take place at a location to be agreed upon in Telluride, Colorado. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Each party shall pay for its own costs and attorneys’ fees, if any.
YOU AND ZENPOTAMUS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and ZenPotamus agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use and Service shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts in Telluride, Colorado.
We may terminate this Agreement or terminate or suspend your access to the Website ( or any portion, aspect or feature of thereof, including without limitation closing or deleting your ZenPotamus Account of an ZenPotamus Purchaser and any content or information that you have posted in such ZenPotamus Account) , and/or prohibiting you from using or accessing the Website (including without limitation prohibiting any further use of our Goods through the Website) for any reason (including without limitation your breach of this Agreement or the ZenPotamus Privacy Policy), or for no reason, at any time in our sole discretion, with or without notice to you, effective immediately, which may result in the forfeiture and destruction of all information or other content associated with you and your activities in connection with the Website. In the event of termination for any reason you will still be bound by your obligations under these Agreement, including the representations and warranties made by you, and by the disclaimers and limitations of liability. Additionally, we will not be liable to you or any third party for any termination of your access to the Website.
This Agreement constitute the entire agreement between Company and each User with respect to the subject matter hereof, and supersedes and replaces any prior agreements we might have had between us regarding such subject matter. Company’s failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights. If any provision of this Agreement is held to be invalid or unenforceable by a court, the remaining provisions of this Agreement will remain in effect.
User acknowledges that monetary damages may not be a sufficient remedy for unauthorized use of the Site or any of the Goods and therefore User agrees that Company shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court or arbitration panel of competent jurisdiction without necessity of posting a bond and without having to plead and prove lack of an adequate remedy at law.
If any suit or action is filed by any party to enforce this Agreement or otherwise with respect to the subject matter of this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court and, if any appeal is taken from the decision of the trial court, reasonable attorney fees as fixed by the appellate court.
This Agreement shall be binding upon and inure to the benefit of each party’s respective successors and lawful assigns; provided, however, that User may not assign this Agreement, in whole or in part, without the prior written consent of Company (which it may or may not grant in its discretion). Any purported assignment in violation of this Section shall be void. Company shall have the right to assign this Agreement, or any part of it, in its sole discretion to any party, and all covenants and agreements hereunder shall inure to the benefit of and be enforceable by such successors and assigns.
Company reserves the right, at our discretion and at any time, to make changes to any of the provisions of this Agreement (including without limitation changes to any of the terms, conditions and /or policies that govern the procurement of our Goods by any ZenPotamus Purchaser as contemplated by Section 5 of this Agreement), the ZenPotamus Privacy Policy, and/or any other Company polices (including any other policies that govern the procurement of any Goods (collectively, “Changes”).
All such Changes will take effect immediately upon their posting on the Website. The Company reserves the right to make any and all Changes without providing individualized notice to a User. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY ACCESS OR USE OF THIS WEBSITE BY YOU AFTER NOTICE OF ANY SUCH CHANGES TO THIS AGREEMENT, THE ZENPOTAMUS PRIVACY OR TO ANY OTHER COMPANY POLICY SHALL CONSTITUTE AND BE DEEMED TO BE YOUR ACCEPTANCE OF ALL SUCH CHANGES TO THE FOREGOING, THUS, YOU SHOULD REGULARLY REVIEW AND PRINT THIS AGREEMENT FOR YOUR RECORD
If you have any questions about the Website or this Agreement in general, please contact us by any of the following methods:
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
Company is offering a mobile messaging program (the “SMS Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “SMS Program Terms”). By opting in to or participating in any of our SMS Programs, you accept and agree to the SMS Program Terms. This SMS Program Terms is limited to the SMS Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
The SMS Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the SMS Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the SMS Program, you agree that this Agreement applies to your participation in the SMS Program. By participating in the SMS Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
If you do not wish to continue participating in the SMS Program or no longer agree to the SMS Program Terms, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the SMS Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Company and its service providers will have no liability for not honoring such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. SMS Program Description: Without limiting the scope of the SMS Program, users that opt into the SMS Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of digital and physical Goods, Goods, and events. Messages may include checkout reminders.
Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The SMS Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
For support regarding the SMS Program, text “HELP” to the number you received messages from or email us at ZenPotamus@gmail.com Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
The SMS Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
The SMS Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this SMS Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
ZenPotamus complies with the Digital Millennium Copyright Act (“DMCA”). Any notices given pursuant to the DMCA shall be given to ZenPotamus’s designated agent via email at ZenPotamus@gmail.com or via registered US mail sent return receipt to: DMCA Compliance Agent, ZenPotamus, PO Box 2003, Telluride, CO 81435