Terms of Service
Terms of Service
ZMB Industries, Inc.
Last Revised: 7 May 2016
Acceptance of Terms
Subject to and in compliance with the terms and conditions set forth herein, in addition to offering its Products for sale, ZMB Industries may provide its users with access via ZMB Industries’ Portfolio of Websites to:
• Free content including blogs and forums written by our Columnists, emails, videos, podcasts, webinars and conference calls (the “Free Service”), User-Generated Content (the “Free Service”), and free content written or provided by third parties which may include, without limitation, text, data, graphics, photographs, videos, or downloadable code or programs (“Third-Party Content”); and
• Premium content including blogs and forums written by our Columnists, Third-Party Content, videos, emails, podcasts, webinars and conference calls and User-Generated Content for which You must pay a subscription fee (or in some cases a one-time fee) to access (the “Premium Service”).
The Premium Service and the Free Service are collectively referred to herein as the “Services”.
You also understand and agree that the Services may include certain communications from ZMB Industries, such as service announcements and administrative messages that You may not be able to opt out of receiving.
Current applicable subscription rates for any Premium Service, when available, can be found by contacting our Customer Service Department by telephone at 1-858-386-0950 Monday through Friday between the hours of 8:30 a.m. and 5:00 p.m. PST. An independent contractor who creates content for ZMB Industries’ Portfolio of Websites is referred to herein as an “Outside Contributor”. Outside Contributors and employees that create content for ZMB Industries’ Portfolio of Websites are collectively referred to herein as “Columnists”. “User-Generated Content” means content created by our users.
Changes to the TOU and Our Products and Services
We reserve the right at any time to:
• Change the terms and conditions of the TOU;
• Change the pricing, specifications, packaging, shipping costs and methods of any or all of our Products at any time, with or without advance notice;
• Change all or any portion of the Services, eliminating or discontinuing any content or feature of the Services (including but not limited to adding or removing particular Columnists, ceasing to provide access to a Premium Service, and/or providing an alternative Premium Service to You as a replacement), and/or ceasing to provide Third-Party Content); or
• Change the fees, charges or other conditions for use of the Services (with reasonable notice, in our sole discretion).
Any changes we make to the TOU will be effective immediately after we post the modified TOU on the ZMB Industries’ Portfolio of Websites. In the event that You have the TOU cached on Your browser, the TOU that applies to You is the most recent version of the TOU that appears on a non-cached browser. In addition, if a Premium Service is added or removed, or the terms of their engagement has changed, the TOU may be modified with respect to such Premium Service. You should check our TOU frequently.
Important Disclaimer Regarding the Information We Provide
ZMB Industries, Inc. is a manufacturer and reseller, not an advisor of any sort. You understand that no content published as part of the Product offerings or Services constitutes a recommendation that any particular Product or content topic is suitable for any specific person. You further understand that none of the creators or providers of our Products or Services or their affiliates is authorized to advise You personally concerning the nature, potential, value or suitability of any particular content topic or other matter. Accordingly, do not attempt to contact them seeking advice, which they cannot provide. To the extent any of the content published as part of the Product offerings or Services may be deemed to be professional advice, such information is impersonal and not tailored to the individual needs of any specific person.
You understand that the views expressed in the Services are the authors’ own opinions. The Services may contain opinions from time to time, and that those opinions may be different from those obtained by using another portion of the Services.
ZMB Industries makes no representations regarding Third-Party Content, nor is ZMB Industries liable for Third-Party Content.
You understand that data is supplied by sources believed to be reliable, that the calculations therein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.
From time to time, reference may be made in our marketing materials to prior blog posts, newsletters, articles and opinions we have published or posted. These references may be selective, may reference only a portion of an article or recommendation, and may not to be current. Previously published information and data may not be current and should not be relied upon.
Our primary domestic shipping service, FedEx, take 5-10 business days from coast-to-coast from our Poway, CA warehouse. Please note that delivery time is also based on "business" days from the day the item was shipped. For example, if You place an order on any weekend or holiday, we would not ship your order until the next regular business day. Most orders ship within 72 hours of placing the order, excluding weekends and holidays, unless the item is back ordered.
Our primary International shipping service, the United States Postal Service, can take 14-21 business days for international orders from our Poway, CA warehouse. Please note that delivery time is also based on "business" days. For example, if You place an order on Sunday, it's impossible for us to ship an item the same day as all the shippers are closed.
All international orders do not include customs fee.
We offer a guarantee on every product we sell because want to treat you, our customer, the same way we would want to be treated when spending our hard earned money. That said, our return policy does have some guidelines, limits and is not an open return policy. We can only exchange new or unused items that have a manufacturing defect. The following criteria apply:
1. Our guarantee applies to new, unused products that have not been modified in any way.
2. If our product has a manufacturing defect, we will replace it free of charge or You may return the product for a full refund.
3. If your product was damaged by the shipper, You must report the damage to our customer service department and the shipper within 48 hours of delivery and provided photos of the damaged packaging. The shipper will contact You directly to inspect and pick up the damaged goods. If they cannot inspect the packaging, no refund or replacement will be issued. We will only replace or refund the damaged shipment AFTER the shipper has confirmed with us that it was in fact damaged during shipping, this process can take up to 30 days.
4. If your product was NOT damaged during shipping, You must contact our customer service department within 30 days of purchase to receive a refund, after this time frame we cannot offer any refund to you.
5. Before refunding or sending a replacement product to you, we must receive the original defective product back first.
6. We can only offer a refund to You if You purchased the product directly from ZMB Industries. If You purchased our product through any retailer, You must contact them for a refund.
7. In some cases, we may access up to a 15% restocking fee.
Returns and Exchanges Procedure:
1. Before returning any products to us, or if You have any questions specific questions about our return policy, please email our customer service department at firstname.lastname@example.org. Please describe the question or manufacturing defect in detail and if possible provide photos of the damage so that it’ll be easy for our customer service department to assist you. You may also call us directly at 858-386-0950, but You will be asked to email us photos of the damages to start the claim. We are open Monday-Friday, 9am-5pm Pacific Standard Time, excluding Holidays.
2. All product returns and exchanges must be issued an Return Authorization Number (RA#) through our customer service department prior to returning the product. When returning the products, You must write the RA# on the outside of the box above the shipping label, with a black marker, so we can identify whom the product is being returned from. Any package without an RA# written clearly as indicated above, will be refused and returned to You by the shipper.
Within the USA: Returned items must be sent via insured, prepaid Regular US Mail. Insuring your return to us allows YOU to track your parcel with the US Postal Service, we will not track your return to us. We will NOT accept COD’s or courier deliveries.
Outside the USA: Ship goods prepaid, by insured ground or postal shipping. Insuring your return to us allows YOU to track your parcel with the shipping service You have selected, we will not track your return to us. We will NOT accept COD’s or courier deliveries. To avoid unnecessary customs delays, please write “U.S. Goods returning” on the outside of the package.
3. Once we we receive the damaged product, we will then replace or refund the product within 14 days of receipt of delivery to us.
Mail returns to:
ZMB Industries, Inc.
Attn: Customer Service
12925 Brookprinter Place, Ste 400
Poway, CA 92064
ZMB Industries’ Proprietary Rights
The Services and the content distributed through the sale of the Products and delivery of the Services, with the exception of any User-Generated Content (as defined below) and Third-Party Content, is the property of ZMB Industries and/or its licensors. You may access and use the content, and download and/or print out one copy of any content from the Services, solely for Your personal, noncommercial use. You acknowledge that You do not acquire any ownership rights by using the Services. If You are interested in reprinting, republishing or distributing content from ZMB Industries, please contact us at 858-386-0950. If You choose to submit content for publication through the Services, such as guest commentary or guest opinions, such content shall be exclusive to ZMB Industries, deemed to be property of ZMB Industries, and by submitting such content You irrevocably assign any and all rights to such content to ZMB Industries.
Because we host User-Generated Content during the sale of the Products and delivery of the Services and therefore redistribute User-Generated Content You give us, we need to obtain certain rights in those materials. By posting, sending or transmitting to us User-Generated Content, You grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such User-Generated Content in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User-Generated Content. None of the User-Generated Content disclosed in any part of the Product offerings or Services shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any User-Generated Content.
“ZMB Industries”, “ZombieIndustries.com”, the “ZMB Industries Logo” “Mark It Target” and certain other marks used on ZMB Industries’ Portfolio of Websites are trademarks and/or service marks of ZMB Industries. All other trademarks, service marks, and logos used on ZMB Industries’ Portfolio of Websites are the trademarks, service marks, or logos of their respective owners.
You may not republish, upload, post, transmit or distribute content available through the offering of the Products or delivery of the Services to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the content or use of the content for any purpose other than Your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject You to legal liability.
In addition, in connection with Your use of the ZMB Industries’ Portfolio of Websites, You agree not to:
• Restrict or inhibit any other visitor from purchasing our Products or using the Services, including, without limitation, by means of “hacking” or defacing any portion of any of our websites;
• Use the Services for any unlawful purpose;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or any of our websites;
• “Frame” or “mirror” any content available through the sale of our Products or the use of the Services or any of our websites without our prior written authorization;
• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the content available through the Services or any of our websites; or
• Harvest or collect information about purchasers of our Products or users of the Services without their express consent.
You also agree that at all times You will:
• Comply with all applicable laws, rules and regulations in connection with Your use of the Services and the content made available therein;
• Be responsible for all statements made and acts or omissions that occur on Your user account while Your password is being used;
• Waive any and all rights against ZMB Industries and hold ZMB Industries harmless in connection with any claims relating to any action taken by ZMB Industries as part of its investigation of a suspected violation or result of its conclusion that a violation of the TOU has occurred, including but not limited to the removal of posts or a suspension or termination of Your account; or
• Maintain and promptly update Your registration data to keep it true, accurate, current and complete.
Certain areas of ZMB Industries’ Portfolio of Websites may allow You to post content that can be accessed and viewed by the public in general. You understand that all information, data, text, images, avatars, hyperlinks, messages, tags, or other materials, each a form of User-Generated Content posted on the public areas of ZMB Industries’ Portfolio of Websites are the sole responsibility of the person from whom such content originated. You acknowledge that You, and not ZMB Industries, are entirely responsible for all content that You upload, post, email, transmit or otherwise make available thereof. ZMB Industries does not control the User-Generated Content and as such, does not guarantee the accuracy, integrity, timeliness or quality of such content. You agree to not post any content that violates the TOU and to post comments in both tone and content that contribute in a positive and high quality manner to the substantive exchange of information and the subject matter of the content.
In order to comment, users must register with a valid email address and select a user name, member name and password. Please see policies above for our TOU regarding registering.
The following is an incomplete list of illegal and prohibited uses of information associated with our Product offerings or use of the Services. ZMB Industries may investigate any illegal and/or unauthorized use and appropriate legal action may be taken, including without limitation, civil, criminal and injunctive redress.
You agree not to use ZMB Industries’ Products or Services to:
• Post any content that You either know or should know is false, deceptive or misleading, or misrepresent or deceive others as to the source, accuracy, integrity, timeliness or completeness of any comment You post.
• Express or imply that any statements You make are endorsed by us, without our prior written consent;
• Post any content that is unlawful, harmful or injurious to others, threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, hatefully, racially, ethnically or otherwise tortious or objectionable.
• Post any content that does or may invade the privacy or violate or infringe on any rights of others, including, without limitation, copyrights and other intellectual property rights.
Impersonate any person, firm or entity, falsely or deceptively state, infer or otherwise misrepresent Your affiliation with or connection to any person, firm or entity.
• Post any content which, either the act of posting or the comment itself, You do not have a right to do under any law, regulation or order of any court, or as a result of an employment, contractual, fiduciary or other legal obligation or relationship, or any non-public or otherwise restricted, confidential, sensitive or proprietary information without authorization
• Post any advertising, promotional materials, so called “chain letters”, “pyramid” or other schemes or invitations to participate in these or any other form of solicitation or promotion
• Offer to sell or buy any product or service or use the services for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services, or to solicit users to join competitive online services.
• Post any links to any external Internet sites that are obscene or pornographic, or display pornographic or sexually explicit material of any kind.
• Post any false or misleading information, material non-public information, insider information or information intended to increase or decrease the price of any particular publicly-traded security. Violate any local, state, national or international law, regulation or order of any court and/or
• Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
You may post only content owned by You, content for which You have received express permission from the owner and content in the public domain. You assume all risk and responsibility for determining whether any User-Generated Content is in the public domain.
ZMB Industries expressly disclaims ownership of any User-Generated Content. However, by submitting User-Generated Content to the public areas of the ZMB Industries Portfolio of Websites, You hereby grant, transfer and assign ZMB Industries, our affiliates and distributors, successors, assigns and licensees a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate, display, copy, display, perform, modify, revise, create derivative works of, archive and adapt this content in any form or media now known or hereafter developed (including without limitation in print, magnetic or electronic form), on any number of occasions in any form, and to sublicense third parties (including other users of the Services) to do any of the foregoing with further right of sublicense, without compensation to You. You represent and warrant that You are authorized to grant all rights set forth in the preceding sentence and that the exercise by You of Your rights under this License does not violate any laws, defame or libel any person, invade any person’s right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person (including without limit any copyright or moral right). None of the User-Generated Content disclosed in any part of the Products or Services shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any User-Generated Content. ZMB Industries does not and cannot review all of the User-Generated Content posted by users on the Products and Services and is not responsible for such content. You shall remain solely responsible for all User-Generated Content submitted to ZMB Industries. Your use of any User-Generated Content shall be at Your own risk and ZMB Industries makes no representations or warranties regarding User-Generated Content. Users should be cautious about any and all investment recommendations and should consider the source of any investment advice. Various factors, including personal or corporate ownership, may influence or factor into User-Generated Content. You understand that by purchasing the Products or using the Services, You may be exposed to User-Generated Content that is offensive, indecent or objectionable. Although ZMB Industries reserves the right to remove any offending User-Generated Content, You understand and agree that You nonetheless may be exposed to such material and that You further waive Your right to any damages (from any party) related to such exposure.
ZMB Industries retains the right in its sole discretion, arbitrarily and/or for any reason and without any notice whatsoever, to edit, move, delete, and/or remove any User-Generated Content posted on any of its websites at any time. Without limiting the foregoing, ZMB Industries has the right to delete any User-Generated Content that ZMB Industries believes, in its sole discretion, does or may violate the TOU.
You expressly agree that under no circumstances is ZMB Industries responsible, nor will ZMB Industries be liable for, any User-Generated Content or for any loss or damage of any kind, that arises or results from such User-Generated Content posted on any of its websites, or any comment deleted by ZMB Industries or its agents from any of its websites. This includes not only the comments posted, but also any external websites or resources, content, advertising, products, services or any other materials or information on or available from any person, firm or entity other than ZMB Industries, posted on any of its websites.
Links to Other Websites and Viral Links
Your use of certain features and certain Third-Party Content made available to You by ZMB Industries may be governed by additional rules, which are available on our websites or by hyperlink from other websites, in connection with the offerings of Products or use of the Services. By using any feature You are acknowledging that You have reviewed all corresponding rules and agree to be bound by them. Some Third-Party Content and some of the features may have been provided by third parties for Your use. In the event that any feature or tool is provided by a third party, such feature or tool may become unavailable in the event that the agreement between us and the third party is terminated. You expressly acknowledge and agree that Your use of all Third-Party Content and features and tools provided by third parties is solely at Your own risk.
Any sweepstakes, contests, and games that are accessible through our websites are governed by specific rules. By entering such sweepstakes or contests or participating in such games, You will become subject to those rules.
Content available through the purchase of our Products or use of the Services may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, timeliness, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
You are encouraged to link to Products and the Services on any online bulletin board, message board, newsgroup, website or chat room (“Third-Party Site”). If You elect to display links from our websites on a Third-Party Site, You agree that You will comply with ZMB Industries’ viral linking requirement as set forth herein. Notwithstanding anything contained herein, we reserve the right to deny permission to You to link to the website for any reason in our sole and absolute discretion.
ZMB Industries hereby grants You the permission to post such links on a Third-Party Site, provided, however, that You comply with the following guidelines:
• You may display only an excerpt of the content not to exceed 75 words that must be followed by a link to the full content of the Product or the Service. You are not permitted to reproduce the entire text of content as it appears on the website. You are prohibited from displaying excerpts from the Premium Service.
• The byline must consist of the name or title of the content and the name of the website. (e.g. “as appearing on ZMB Industries”)
Any website that links to ZMB Industries Portfolio of Websites (a) must not suggest or imply that we are sponsoring or endorsing such website(s)’s product (unless they are ZMB Industries Products, unless ZMB Industries has given its prior written consent; (b) must not use any of our trademarks on such Third-Party Site without prior written consent of ZMB Industries; and (c) must not display any excerpt of ZMB Industries content and link together with content on such Third-Party Site that may be construed as distasteful, offensive or controversial.
Disclaimer of Warranties
The Products and the Services, and any content obtained or accessed through the sale of the Products and the Services, including without limitation Third-Party Content, are provided “as is” without representations or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, ZMB Industries, its officers, directors, employees, subsidiaries, affiliates, suppliers, advertisers, and agents disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose or use, and all warranties relating to the adequacy, accuracy, timeliness or completeness of any information available through the Products or Services, ZMB Industries and its affiliates, suppliers, agents and sponsors do not warrant and accept no liability that Your use of the Products or Services and any content contained therein, including without limitation, Third-Party Content, will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Services or the server(s) on which the Services are hosted are free of viruses, worms, malicious code, Trojan horses, malware, or other harmful components. ZMB Industries and its affiliates, suppliers, agents and sponsors accept no liability for any software downloaded from the Services or the ZMB Industries’ Portfolio of Websites. You acknowledge that You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to use the Products or access and use the Services, and all charges related thereto. You assume total responsibility and risk for Your use of the Products and Services and Your reliance thereon. No opinion, advice, or statement of ZMB Industries or its affiliates, suppliers, agents, members, or visitors, whether made on the site or otherwise, shall create any warranty. You use of the site, the content contained therein, and materials provided through the site, are entirely at Your own risk. ZMB Industries and its affiliates, agents and sponsors will not be liable for any informational errors, incompleteness, delays or any actions taken in reliance on information contained in the Product offerings or the Services.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Product offerings or the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. You agree that ZMB Industries shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
A possibility exists that content available through the Product offerings or the Services could include inaccuracies or errors, or materials that violate the TOU. Additionally, a possibility exists that unauthorized alterations could be made to the content available through the Product offerings or the Services by third parties. Although we attempt to ensure the integrity of our websites, Product offerings and Services, we make no guarantees as to the completeness or correctness of any content available through the Product offerings or the Services. In the event that such a situation arises, please contact us at customerservice@ZMBIndustries.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our websites, if applicable, as well as information sufficient to enable us to contact You. We will try to address Your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on “Copyright Infringement” below.
Under no circumstances shall ZMB Industries be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
Limitation of Liability
NEITHER ZMB INDUSTRIES NOR ITS AFFILIATES, SUPPLIERS, SUBSIDIARIES, ADVERTISERS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR ANY CONTENT CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION, ANY THIRD-PARTY CONTENT, OR ANY PRODUCTS PURCHASED, SERVICES USED OR PURCHASED THROUGH ZMB INDUSTRIES, WHETHER SUCH DAMAGE IS FORESEEABLE OR NOT AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FOR AVOIDANCE OF DOUBT, DAMAGES ARISING UNDER THE SECTION ENTITLED “INDEMNIFICATION” (INCLUDING WITHOUT LIMITATION DAMAGES TO WHICH A PARTY IS ENTITLED TO INDEMNIFICATION UNDER SUCH SECTION THAT SUCH PARTY SUFFERS IN CONNECTION WITH THIRD PARTY CLAIMS FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARE DEEMED TO BE DIRECT DAMAGES OF THE INDEMNIFIED PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION — WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE — SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SERVICES IN THE CURRENT CALENDAR YEAR OF YOUR SUBSCRIPTION.
You agree to indemnify, defend and hold harmless ZMB Industries, our current and former affiliates, our current and former officers, directors, employees, agents and representatives and their successors and assignees from and against any and all liabilities, claims, (including, without limitation, third-party claims), damages, losses, costs (including reasonable attorneys’ fees), or other expenses associated with or incurred as a result of or from (a) Your violation of the TOU; (b) Your purchase of the Products (c) Your use of the Services; (d) Your violation of the rights of any third party; (e) the actual or alleged infringement of any third party proprietary or intellectual property right arising out of the duplication, sale, distribution, or use of the Services, or (f) any liability arising from Your use of the Services including any User-Generated Content You create.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The procedure under the Department of Commerce DMCA Notice-and-Takedown Processes is contained here: http://www.uspto.gov/sites/default/files/documents/DMCA_Good_Bad_and_Situational_Practices_Document-FINAL.pdf.
If You believe in good faith that materials displayed on ZMB Industries’ Websites infringe Your copyright, You (or Your agent) may contact:
ZMB Industries, Inc.
12925 Brookprinter Place, Ste. 400
Poway, CA 92064
Additional Contact Information:
Monday – Friday, 8:30am – 5pm, PST (California)
You (or Your agent) must provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest; (b) a description of the copyrighted work(s) or trademark(s) that You claim has been infringed; (c) a description of where the material that You claim is infringing is located on the website; (d) Your address, telephone number, and email address; (e) a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or trademark owner or authorized to act on the copyright or trademark owner’s behalf. Please note that You will be liable for damages (including costs and attorneys’ fees) if You materially misrepresent that any material on our sites is infringing Your copyrights.
The Products and Services are directed solely to individuals residing in the United States. We make no representation that materials provided through the Services are appropriate or available for use in other locations. Those who choose to access the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Services to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service that we provide.
Unless specifically highlighted in the Product or Service offering, (such as free or reduced shipping costs), You are responsible for promptly paying all fees associated with Your use or purchase of the Products and the Services (the “Fees”) at the time of purchase. You are also responsible for any applicable federal, state, or local franchise fees, surcharges, sales and use taxes, and any other taxes (except those related to ZMB Industries’ net income) related to the Products and the Services (collectively, the “Taxes”). You shall promptly pay all Fees and Taxes at the time of purchase. The TOU, together with all ZMB Industries policies referred to herein, constitutes the entire agreement between You and ZMB Industries relating to Your purchase of the Products and use of the Services and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us. The TOU and the relationship between You and ZMB Industries are governed by and construed in accordance with the laws of the State of California, excluding (a) the application of principles of conflict of laws that otherwise might call for the application of the substantive law of another jurisdiction and (b) the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. You and ZMB Industries agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within San Diego County, California, waive any jurisdictional venue, or inconvenient forum objections to such courts and such courts shall have the sole and exclusive jurisdiction over any action, suit or other proceeding arising out of or relating to these TOU, other than any action, suit or other proceeding arising from a breach of customer data. You and ZMB Industries agree that any action, suit or other proceeding arising from a breach of customer data will be submitted to binding arbitration for resolution. Such arbitration shall take place in San Diego, California, and shall be conducted in accordance with the rules of the American Arbitration Association in effect at that time. If any provision of the TOU is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in the TOU is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require You to sign a non-electronic version of the TOU.
California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
For all other notices, please contact us in writing:
ZMB Industries, Inc.
12925 Brookprinter Place, Ste. 400
Poway, CA 92064
Additional Contact Information:
Monday – Friday, 8:30am – 5pm, PST (California)
The ZMB Industries, Inc. name, logo and service marks are the property of ZMB Industries, Inc.
Other parties' trademarks or service marks are the property of their respective owners and should be treated as such.