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
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.
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.
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.
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
Integration & Severability
- ACCEPTANCE OF TERMS AND CONDITIONS
From time to time, we may define and post on the Site additional Referral Program specific terms, rules, codes of conduct or guidelines (“Guidelines”) that further govern this Referral Program. Any such Guidelines are considered to be incorporated by reference into these Terms in their entirety.
- PARTICIPATION IN THE REFERRAL PROGRAM
As a participant in the Referral Program, you agree to use the Zabitat service to promote the Referral Program in the manner specified by these terms and in accordance with any Guidelines.
To access the Referral Program and obtain the benefits it has to offer (the “Services”), you may be asked to (i) provide certain registration details or other information; and (ii) to establish a Referral Program account specific to you (“Account”).
To create your Account, log-in and/or to participate in any Services, you must qualify and agree to the conditions set forth below. Failure to qualify and continuously abide by any of the following conditions constitutes a breach of this Agreement. Specifically, you agree that:
- All information that you provide in your registration form for the purposes of establishing your Account is true and correct and you will promptly notify us of any changes to such information;
- Your Account is for your sole use only and must not be used by any third party. You shall not allow any third party to use your Account, password, log-in or user identification to access or use the Referral Program to arrange, enter, and/or participate in Services, or for any other purposes. We take no responsibility for any third party access to your Account;
- You have verified and determined that your participation in the Referral Program does not violate any law or regulation in any jurisdiction that applies to you. It is your sole responsibility to ensure that this is the case;
- You will not engage in any conduct that injures or may injure the business, reputation or goodwill of Zabitat;
- You possess the legal authority to enter into this Agreement including the authority to accept all of these Terms;
- You are physically located in a U.S. State, or a jurisdiction located outside the United States, in which participation in Service Website or Services is not prohibited by the law of that State or jurisdiction;
- You understand that we may monitor your internet access location, without creating an obligation to do so, and may use techniques which are intended to block or restrict access from a jurisdiction in which participation in the Referral Program is illegal or restricted; and
- You will not mask your identify in any way, including without limitation, IP masking by accessing the Referral Program or the Site over any type of proxy server, through IP masking software or the like.
- Your Account
You shall not permit, either directly or indirectly, any other person to use your account information. We are not responsible for any losses or problems you suffer as a result of your disclosure of your account information to anyone else.
To access all or some of the Referral Program or Services, you must have previously established a valid Account as provided herein. Further, you must meet all the conditions described throughout these Terms. You agree and understand that We collect data relating to your account, your use of the Services, and Your other Account activity and that some of this information may be made public.
We reserve the right (but do not undertake the obligation) to conduct a review, at any time, to validate your Account information. You authorize us and our agents to make any inquiries of you and for us to use and disclose to any third party we consider necessary to validate this information. To facilitate the foregoing validation, you agree to provide sufficient information or documentation as we, in our discretion, may request. If you do not provide such information within thirty (30) days of our request, your responses are incomplete or otherwise insufficient, or We cannot verify the information applicable to your Account, your Account may be terminated.
- PAYMENT AND QUALIFICATION FOR VALID REFERRALS
When you (a “Referrer”) make a referral to a third party (a “Referee”) as outlined in the Guidelines you may be eligible for a reward (“Reward”) for each Referee who meets all the following conditions (“Valid Referral”):
- Referrer and Referee must reside in different households;
- Referee is registered by Referrer for the Zabitat product and/or service; and
- Referee completes a purchase for one or more eligible product and/or service totaling $400 or more. Please note that you are only eligible for one Reward per Referee transaction. For example, if a Referee purchases three items on a single order for which a Reward is eligible to be made – you will only be awarded a single Reward.
The Reward may change from time to time at Zabitat’s discretion; however, Valid Referrals completed before the change of the Reward will be honored.
Subsequent registrations and or purchases with Zabitat by the Referee do not qualify as Valid Referrals. Zabitat reserves the right to void any referral or payment of any Rewards that: (i) appears to be fraudulent; (ii) appears to have been created as a result of a fraudulent transaction; or (iii) that violates the terms of our User Agreement.
- WE MAKE NO WARRANTY
The Referral Program is provided “as is” and without warranties of any kind, either expressed or implied. Zabitat disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Zabitat does not warrant that the functions or content 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. We do not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and We may make changes or improvements at any time.
- LIMITATION ON LIABILITY
ZABITAT, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF ZABITAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF ZABITAT AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE LESSER OF $100 OR THE MAXIMUM REWARD FOR A SINGLE TRANSACTION.
- DELIVERY OF REWARDS
Zabitat will provide the Reward in the form of branded gift cards (“Gift Cards”) or as otherwise set forth in the Guidelines. Where the Referrer is given a choice as to the mode of Reward payment, that selection shall be final. Where the Referrer is not eligible to receive a given payment method due to their country or jurisdiction of origin, Reward payment shall be made in a manner selected by Zabitat at its sole discretion. The Referral Program cannot be used for commercial purposes unless you notify Zabitat of the terms of such commercial purpose and Zabitat expressly agrees to provide the Services to you. Zabitat does not guarantee a delivery time on any Rewards earned. Additional information may be collected from the Referrer prior to delivery of the Rewards. In the event a purchase which qualifies you for a Reward is returned, the Reward will only be delivered if such eligible purchase’s remaining item(s) qualify you for a Reward.
- BULK DISTRIBUTION
All of your emails in which you make Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, family members, or persons with whom Referring Customer has a prior relationship. Bulk email distribution, distribution to strangers, or any other promotion of a unique referral link in a manner that would constitute or appear to constitute unsolicited commercial email or “spam” under the CAN-SPAM Act, CASL, or other applicable law or regulation or other distribution of a unique referral link through channels other than personal email, social media services (Facebook, Twitter, Instagram, Pinterest, etc.) is expressly prohibited and will be grounds for immediate termination of the Referring Customer’s account and deactivation of the unique referral link.
- DISPUTE RESOLUTION AND VENUE
You consent and agree to waive any rights you may have to trial by jury concerning any controversy, dispute, or cause of action (“Claims”) arising out of or in connection with the provisions of the Terms. Any such Claims which cannot be settled between us by mutual agreement shall be finally settled by arbitration in Oakland County, Michigan, in accordance with the rules of the American Arbitration Association. The arbitrator may enter a default decision against either of us if we fail to participate in the arbitration proceedings. The decision of the arbitrator on the points in dispute will be final, unappealable and binding, and judgment on the award may be entered in any court having jurisdiction thereof.
The arbitrators shall not have the power to award damages in connection with any dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. BY ACCEPTANCE OF THESE TERMS, YOU ARE FOREGOING YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING A CLASS ACTION LAWSUIT.
Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and us, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts located in Oakland County, Michigan. If either party employs attorneys to enforce any right in connection with any dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys’ fees.
- OTHER TERMS AND CONDITIONS
We reserve the right to amend or terminate the Referral Program at any time without notice. Resolution of all questions or disputes regarding eligibility for the Referral Program, earnings of rewards, or your compliance with the terms and conditions of this Agreement shall be subject to our reasonable interpretation.
We expressly reserve the right to close the account(s) or void the Rewards of any Referring Customer and Referee if either party attempts to use the Referral Program in a questionable manner or referral link in breach of these Terms and Conditions, the User Agreement, or in violation of any law, statute or governmental regulation. Users may not participate in the Referral Program where doing so would be prohibited by any applicable law, statute or regulations.