Terms of Use
Welcome to the Zabitat.com website (the “Site”). By using the Site, you agree to be bound by all terms, conditions and notices contained or referenced herein (the “Terms of Use”) and by the terms of our Privacy Policy. We reserve the right to change the Terms of Use by posting revisions to the Site at any time. Your continued use of the Site indicates your agreement to any revised terms. Accordingly, we urge you to review the Terms of Use at the start of each use of the Site, and if you do not agree to the terms of this or any revised version, please exit the Site immediately. Zabitat reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice.
Privacy
Please review our Privacy Policy, which also governs your use of Zabitat.com, to understand our practices.
Electronic Communication
When you use any Zabitat.com service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Zabitat services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Links to Third Party Sites
The Site may contain links to web sites operated by third parties. The linked web sites are not under our control, and we are not responsible for the contents of any linked web site that has a separate privacy policy and terms of use. When you leave our site, please review the privacy policy and terms of use at the linked site so you know how your data will be collected and used on those sites. We provide links only as a courtesy, but make no representation or warranty as to its operation.
Intellectual Property
You acknowledge that materials available on the Site include copyrights, trademarks, service marks, patents, trade secrets or other proprietary materials (“Intellectual Property”) that are owned by Zabitat or our affiliates. You may download or print copies of portions of the materials on the Site, provided that you only use such copies for your own non-commercial use and do not modify or alter these copies in any way, or delete or change any copyright, trademark, patent or other notices therein. No right, title or interest in any downloaded or printed materials is transferred to you. Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the materials on the Site. You may only use the Intellectual Property or other materials on the Site as expressly permitted in this Terms of Use and for no other purpose.
If you submit and/or post comments, photos, suggestions, ideas or other communications to Zabitat (“Submissions”), your submission shall constitute an unrestricted worldwide license for Zabitat to reproduce and use such Submissions in any manner and in any medium it wishes, without any compensation paid to you. Therefore, we request that you do not provide Submissions of confidential information or other creative materials in which you do not wish to grant us rights. Zabitat retains the right to remove any material from its site that does not, in Zabitat’s sole discreation, comply with the purpose of the website.
If you believe material that is posted on the website infringes the copyright of another, please notify us at Zabitat@Zabitat.com
Disclaimer of Warranties
You expressly agree that all materials, information, software, products, functions, and services including in or available through the site (the “content”) are provided “as-is” for your use. The content is provided without warranties of any kind, either express or implied, including, but not limited to, warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose or otherwise, other than those warranties which are incapable of exclusion, restriction or modification under applicable law. Neither Zabitat nor our affiliates, make any warranty that the content is accurate, reliable, or correct; that the site will be available at any particular time or location; that any defects or errors will be corrected; that the content is free of viruses or other harmful components; or that you will achieve successful results from following any instructions, directions or recommendations on the site.
Limitation of Liability
Under no circumstances shall Zabitat or our affiliates be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of, or inability to use, the site or from information provided on the site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if we have been advised of the possibility of such damage. Zabitat’s liability shall be limited to the extent permitted by law in any jurisdiction that does not allow the exclusion or limitation of incidental or consequential damages.
Indemnification
You agree to defend, indemnify, and hold Zabitat and other affiliated companies, and their employees, contractors, officers and directors harmless from all liabilities, claims, and expenses, including attorneys’ fees that arise from your use or misuse of the Site or the content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
International Use
By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. Zabitat makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. If you are purchasing products for export, you are responsible for the necessary export documentation before shipment is made to a foreign country.
Typographical Errors
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
Choice of Law
This Terms of Use agreement shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of Ohio, U.S.A., without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim you may bring relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in the State of Ohio, U.S.A., and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Integration & Severability
This Terms of Use constitutes the entire agreement between you and Zabitat with respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to this site. If any provision of this Terms of Use is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.