Welcome to ZenPotamus.com and any related websites and mobile applications (collectively, the “Website”), which is owned and operated by (“ZenPotamus, LLC”, “ZenPotamus”, the “Company”, “we”, “us” or “our”). All references to the Website include this URL, as well as micro-sites related to this URL, as well as other websites or pages owned by the Company. All references to the Company include the affiliates of the Company.
By this website you represent and warrant that you are more than 18 years of age or are visiting www.zenpotamus.com with the permission and supervision of a parent or guardian.
Please read this Terms and Conditions document (hereinafter referred to as this “Agreement”) carefully before using this Website, including without limitation before using any of the features or content provided by this Website or before purchasing or otherwise using the Company’s Goods (as defined herein) that are offered, made available, or otherwise sold through this Website. IF YOU DO NOT AGREE TO ALL OF THESE TERMS INCLUDING THE CLASS ACTION WAIVER DESCRIBED BELOW, PLEASE DO NOT USE THIS WEBSITE.
These Terms of Use and Service REQUIRE all disputes between you and us will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION) to assert or defend your rights under these Terms of Use and Service (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below titled Dispute Resolution for the details regarding your agreement to arbitrate any disputes with us.
THIS AGREEMENT GOVERNS NOT JUST USES OF THE WEBSITE, BUT ALL INTERACTIONS WITH THE COMPANY, WHETHER ON THE WEBSITE, VIA TEXT, OR OVER THE PHONE, OR IN ANY OTHER METHOD. PLEASE CAREFULLY REVIEW THIS AGREEMENT, SO THAT YOU UNDERSTAND THE TERMS AND CONDITIONS OF YOUR USE OF THE WEBSITE, AS WELL AS THE USE OF OUR GOODS.
YOUR INTERACTIONS WITH US MAY INCLUDE CORRESPONDENCE BY TEXT. PLEASE NOTE THAT STANDARD TEXT MESSAGE RATES MAY APPLY AND YOU ARE RESPONSIBLE FOR ANY COSTS OR FEES INCURRED IN CONNECTION WITH SENDING OR RECEIVING TEXTS TO OR FROM US.
This Agreement applies to all visitors, users, purchasers and others who wish to access or use this Website for any purpose (“User” or “you” or “your”). The Company provides this Agreement to notify all such users of the Company’s terms and conditions which govern their use of this Website and/or any purchase or any other uses of any of the Company’s Goods.
YOUR ACCESS TO AND USE OF THIS WEBSITE AND USE OF OUR SERVICE IS CONDITIONED UPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH, WITHOUT MODIFICATION, THIS AGREEMENT
BY CONTINUING TO ASSESS AND/OR USE THIS WEBSITE YOU HEREBY AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE ZENPOTAMUS PRIVACY POLICY (AS DEFINED HEREIN), AND ALL OTHER POLICIES OF THE COMPANY AS OF THE DATE OF YOUR FIRST USE OF THIS WEBSITE.
NO CHANGES (ADDITIONS OR DELETIONS) BY YOU TO THIS AGREEMENT WILL BE ACCEPTED BY THE COMPANY. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU SHOULD NOT USE THIS WEBSITE.
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT GOVERNING THIS WEBSITE AND THE PURCHASE AND SALE OF OUR GOODS. YOU SHOULD DOWNLOAD AND PRINT THIS AGREEMENT FOR YOUR RECORDS.
In addition to this Agreement, by using this Website, you also agree to our Messaging Terms and Privacy Policy and Mobile Terms of Service.
By visiting this Website, you agree to the following:
In addition to all other defined terms in this Agreement, the following terms have the following meaning:
“Access Right” has the meaning set forth in Section 2 herein.
“ZenPotamus Account” or “ZenPotamus Account of a ZenPotamus Purchaser” has the meaning set forth in Section 5 herein.
“ZenPotamus Privacy Policy” has the meaning set forth in Section 7 herein.
“Goods” or “Services” means any goods or services offered, provided or sold by or on behalf of ZenPotamus.
“ZenPotamus Purchaser” has the meaning set forth in Section 8 herein.
“Company IP Assets” has the meaning set forth in Section 6 herein.
“Content” has the meaning set forth in Section 2 herein.
“Server” or “Company Server” means the computer software or hardware that serves and hosts the Website to users across the Internet.
“Purchase” or “order” have the meaning set forth in Section 8 herein.
“User” has the meaning set forth above in this Agreement; for clarity, the term ”User” shall include any ZenPotamus Purchaser who uses this Website to procure any Goods as contemplated by Section 8 of this Agreement.
Subject to all of the terms and conditions of this Agreement, Company hereby grants to a User a non-exclusive, revocable, and limited right to access and use this Website, including without limitation the use of this Website to procure any of the Goods, in strict compliance with this Agreement (“Access Right”) or with any other agreement that the User has entered into with the Company. The Company reserves the right to suspend or revoke this Access Right at the Company’s discretion without notice. Notwithstanding the foregoing Access Right, Company also has the right to change, suspend, or discontinue any (or all) aspects or features of this Website at any time, and from time to time, including the availability of any content or features on this Website or of any of the Goods made available through this Website. This Access Right granted to a User under this Agreement will immediately terminate upon the expiration, cancellation or termination of this Agreement for any reason.
User shall be responsible for obtaining and maintaining any equipment or ancillary Goods needed to connect to or access this Website, including, without limitation, Internet connections, modems, hardware, software, and long distance or local telephone service.
As a condition of each user’s use of this Website (including without limitation the use of this Website to procure any of the Goods), each user hereby covenants to Company that:
(a) User shall not use the Website or any Goods
(i) for any unlawful purpose or for any purpose that is prohibited by this Agreement or
(ii) in any manner that could damage, disable, overburden, or impair this Website or any Servers, or that would interfere with any other party’s use and enjoyment of this Website; and
(b) User shall not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Website. Notwithstanding any assistance that Company may provide, the User assumes sole responsibility for the uploading and updating of any Content of that User (if any) as may be available through this Website or Application.
Without limiting the generality of the foregoing, each user agrees to all of the following provisions:
(a) User will not upload to, distribute or otherwise publish through this Website any data, information, messages, text, photos, graphics, videos, messages, tags, works, material or any other content, including, without limitation, any personal identifiable information (collectively, “Content”) that is unlawful, libelous, defamatory, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, obscene, or otherwise objectionable
(b) User will not upload or transmit any Content that would violate the rights of any party, would constitute or encourage a criminal offense, or would otherwise create liability or violate any local, state, federal or international law,
(c) User will not upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party anywhere
(d) User will not impersonate any person or entity or otherwise misrepresent the User’s affiliation with a person or entity;
(e) User will not distribute or publish unsolicited promotions, advertising, or solicitations for any goods, Goods or money, including junk mail and junk e-mail
(f) User will not use this Website for purposes not authorized by Company
(g) User will not use this Website or Application for any illegal purpose or any fraudulent scheme or transaction and
(h) User will not use any document obtained through our Goods to solicit business for pecuniary gain.
In addition to the rights given to Company pursuant to any provision in this Agreement or in the ZenPotamus Privacy Policy, User hereby grants Company a perpetual, worldwide, transferable, fully paid up right to use any User’s Content to:
(i) provide the User with, and to otherwise carry out, the features and functions of this Website (including without limitation the ability to use this Website to procure any Goods through this Website) or to carry out any other functions or uses normally intended for users,
(ii) to assistant or coordinate with any claims arising out of the use of this Website or the procurement of any Goods; and
(iii) for any other lawful purpose in carrying out the Company’s corporate purpose, business, or operations.
Without limiting the generality of any other provisions herein, User agrees to all of the following provisions: (a) Users are prohibited from violating or attempting to violate the security of this Website or any Company Server (as defined herein), including, without limitation,
(i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access
(ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization
(iii) attempting to interfere with service to any user, host, or network or
(iv) sending unsolicited e-mail, including promotions and/or
(a) advertising of Goods or Goods
(b) any violations of any system or network security (including, but not limited to, that of this Website or any Company Server) may result in civil or criminal liability and
(c) Company has the right to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. Company also reserves the right to cooperate with any and all law enforcement agencies, including complying with warrants, court orders and subpoenas and disclosing to law enforcement agencies any information about any User and anything a User does with respect to this Website. By User’s use of this Website, each User authorizes Company to take such action.
In the event this Website, now or in the future, allows User to upload, transmit, or otherwise contribute any Content to the Website, User hereby represents and warrants to Company that User has the lawful right to distribute and reproduce such Content. Also, User is solely responsible for its conduct (and the conduct of its users) while using the Website, including, but not limited to, all Content in any folders or web pages (if any), or through any other transactions or interactions User generates, transmits, or maintains via the Website. Company takes no responsibility for any such online distribution or publication by User or by any other party. Company cannot and will not review every message or other Content that User or any other party may generate or post, and Company is not responsible for the Content thereof. In addition to any other right to terminate this Agreement, Company hereby has the absolute right to immediately terminate, without warning, any account that it believes, in its sole discretion, breaches any of the provisions of this Section.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel 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 we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
The Company’s policy is to respect the copyright, trademarks, and intellectual property rights of others. Company has the absolute right to
(i) immediately terminate, without warning, all rights (including, without limitation, all Access Rights and any rights of any User who (in Company’s determination) appear to infringe upon the copyright, trademarks, or intellectual property rights of others, and/or
(ii) remove any such Content from a User from the Website, in Company’s determination, may infringe the copyright, trademarks, or other intellectual property rights of any third party. Each User agrees to the following:
ZenPotamus or its licensors own all rights, title and interest, in the U.S. and elsewhere, in and to all trademarks, service marks (whether registered or common law marks), logos, and any other trade names displayed on or in the Website and/or displayed or embodied in any and all of the Goods (hereinafter collectively referred to as “Trademarks/Trade Dress”). Users shall not use any Trademarks/Trade Dress in connection with any product or service that is not owned by the Company in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company that appear in the Website or in any ZenPotamus Goods are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
All content included on or made available through the Website or in any other material associated with any Goods, including without limitation any text, graphics, logos, page headers, button icons, scripts, images, audio clips, digital downloads, and data compilations, and all copyrights contained or arising out of the foregoing, is and shall remain the sole property of ZenPotamus or its licensors and are protected by United States and international copyright laws (collectively, “Works”).
Without limiting the provisions of Section 3.2 above, User hereby acknowledges and agrees that the Company or its licensors are the sole owners, worldwide, of all Trademarks/Trade Dress (as defined above), all Works (as defined above), and any and all other inventions, patents, logos, images, graphics, photos, videos, icons, content, features, functionalities, data, processes, techniques, software, website designs, copyrights, works, and all other intellectual property provided in, made available by using, or otherwise contained or embodied in, all the Websites or otherwise used by Company in association with or in the furtherance of any Goods or any other aspect of ZenPotamus’s business (collectively “Company IP Assets”).
The Company IP Assets are protected by the copyright, patent, trademark, and/or other intellectual property laws of both the United States and other countries. This Agreement shall not be interpreted to:
(i) grant any rights to any User in or to any of the Company IP Assets except for the limited Access Right set forth and subject to the terms and conditions of Section 2 of this Agreement or
(ii) transfer any rights in any Company IP Assets or in any other Company intellectual property rights from Company to any Users. Company IP Assets may not be used by User without the prior written permission from the Company, and then only with proper acknowledgement. Any rights not expressly granted herein to User are reserved to Company. In addition to any other conditions on User’s Access Right as set forth in this Agreement, User’s Access Right is subject to the following additional conditions:
(i) User shall not modify, disassemble, decompile or reverse translate or create derivative works from any of the Company IP Assets or otherwise attempt to derive any source code of the same or let any third party do the same
(ii) no copyrighted material, content, or any other Company IP Assets may be downloaded, modified, copied, displayed, transferred, distributed, sold, published, broadcast or otherwise used except as expressly stated either in such materials or in this notice without the express prior written permission of Company (which Company may or may not grant in its sole discretion)
(iii) User shall not remove, alter, cover or obscure any copyright notices or other proprietary rights notices of Company or any other party placed on or embedded in the Company IP Assets and shall otherwise retain all such notices on all copies of the same and
(iv) use of any of the Company IP Assets is prohibited unless User is an authorized User in good standing. Unauthorized use is a violation of copyright and other intellectual property rights and is actionable under law.
User agrees to keep strictly confidential all Company IP Assets that have not been made publicly available by Company. User also acknowledges and agrees that the terms and conditions of this provision shall survive the cancellation, expiration or termination of this Agreement for any reason.
