ZOOCCHINI.com may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. ZOOCCHINI reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if ZOOCCHINI believes that customer conduct violates applicable law or is harmful to the interests of ZOOCCHINI and its affiliates.
We reserve the right to change these Terms and Conditions at any time, effective immediately upon posting on our Site. If you violate these Terms and Conditions, we may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.
You may print a copy of these Terms and Conditions using the print feature in your browser. We suggest retaining a copy for your future reference. It is your responsibility to periodically visit the “Terms and Conditions” link at the bottom of our home page to review the most current version of the Terms and Conditions. You may use your browser to print copies of any updated Terms and Conditions.
The materials on this website, including without limitation all features, materials, information, content, text, site design, graphics, charts, logos, icons, images, audio and video clips, and software appearing on or offered on our Site, as well as the selection, assembly and arrangement thereof, and includes our greeting, hint, reminder or the ability to order products, track and modify orders and receive newsletters and promotional emails are the protected intellectual property of and are the original copyrighted materials owned or licensed by ZOOCCHINI or its subsidiaries and/or affiliates. These materials are protected by federal law against unauthorized copying and reproduction. Use beyond the limited license granted to viewers will be prosecuted, and ZOOCCHINI may seek recovery of actual or statutory damages, recovery of attorneys’ fees and other remedies. The layout and presentation of the website may also be protectable trade dress under applicable federal law.
The following is a list of trademarks, service marks and trade names: ZOOCCHINI, IKERE Limited and BRANDSWAMI LLC. The absence of a trademark, trade name or service mark from the above list does not constitute a waiver of our intellectual property rights concerning that trademark, trade name or service mark. All custom graphics, icons, logos and words listed above are trade names, trademarks or service marks of ZOOCCHINI in the United States and/or other countries. The use of any of our trade names, trademarks or service marks without our express written consent is strictly prohibited. In order to maintain the value of these marks, it is important that they are used correctly. If you have any questions, you may contact us at [email protected] If you have any questions, you may contact us at [email protected] All rights not expressly granted herein are reserved.
Unless we allow “guest” purchases, you will need to establish an account with us to use certain features of the Site (e.g., to order products from the Site). During the account registration process you will be asked to select a unique password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the password. By logging into the Site, you represent and warrant that: (i) you are the customer who registered for the services; (ii) that you are using the services only for permitted purposes; and (iii) you are not a competitor of ZOOCCHINI, or agent thereof. You will immediately notify us of any unauthorized use of the password or account or any other breach of security. You agree to exit from your account at the end of each session. Please notify us at [email protected] if any potential unauthorized use(s) of your account, or breach of security.
If you create an account, you represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person’s authorization to use such name; (iii) you will not select or utilize a user name that ZOOCCHINI in its sole discretion deems offensive; and (iv) you are not a competitor of ZOOCCHINI, or an agent thereof.
You agree that you are only authorized to visit, view, download, print, and retain a copy of pages of the Sites for your own personal use.
We post legal notices (e.g., copyright and trademark notices and markings) and various credits on pages of each of our Sites. If you download, print, or retain a copy of pages of the Sites, you may not remove these notices or credits or any additional information accompanying such notices and credits.
Except as expressly provided above, you shall not use, upload, copy, print, display, perform, reproduce, license, sell, transfer, host, post, transmit, commercially exploit, duplicate, download, publish, modify, make derivative works of or otherwise distribute the Site (including the Site Content) (in whole or in part), unless otherwise specifically authorized by us to do so in writing. You may not access the Site (including the Site Content) to build similar or competing Sites. You may not disassemble, reverse compile or reverse engineer any software contained on the Sites. If you wish to obtain permission to reprint or reproduce any Site Content you may contact us at [email protected] We reserve the right to modify, suspend, or discontinue the Site or any part thereof without notice to you. Any updates to the Sites shall be subject to these Terms and Conditions.
By using our Site, you understand and agree that we, at our sole discretion and without prior notice, may suspend or terminate your access to, or bar your future access to our Site, and may modify or remove any User Content if we believe, in our sole discretion, that the User Content violates or is inconsistent with these Terms and Conditions or their intent, that your conduct is disruptive, or you have violated the law, these Terms and Condit ions, or the rights of ZOOCCHINI or another user. We will have no liability to you for any deletion of your User Content.
You agree that your User Content will not (a) plagiarize, violate or infringe upon the rights of any third-party, including trade secret, copyright, trademark, trade dress, privacy, patent, moral right, publicity, or other personal or proprietary rights, nor (b) contain unlawful, tortious, threatening, harmful, vulgar, defamatory, false, intentionally misleading, libelous, pornographic, obscene, patently offensive, inappropriate, offensive, harassing, or other unacceptable material or materials that are harmful to minors.
You agree that you will not use the Site to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Sites or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Sites, other computer systems or networks connected to or used together with the Sites, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Sites; or (g) engage in any illegal activities.
Your receipt of an electronic or other form of order confirmation does not guarantee acceptance of an order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided.
For each product you order on the Site, you agree to pay the price applicable for the product (including any sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order. ZOOCCHINI will automatically bill your credit card submitted as part of the order process for such price. All prices are non-refundable.
Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the Products.
ZOOCCHINI, in conjunction with our service providers, will attempt to deliver a product on the requested delivery day. You acknowledge that requested delivery dates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. We reserve the right to make deliveries in installments, which shall not relieve you from your obligation to accept and pay for remaining deliveries. Our service providers do not telephone prior to delivering packages, and we cannot guarantee the time of delivery. All products are deemed accepted upon our delivery of the product to you or your designated recipient’s address.
The Risk of loss and title for all items purchased from zoocchini.com pass to you upon our delivery to the carrier.
Orders or gift items delivered to incorrect addresses supplied by the sender.
Unsuccessful deliveries arising from the recipient not being present at time of delivery at the address supplied by the sender.
Decreased product quality due to an incorrect delivery address supplied by the sender, or a re-route requested by the sender.
Product quality problems caused by improper handling by the recipient.
Free shipping offers are valid only on weekday deliveries to addresses within the Continental United States.
ZOOCCHINI does not allow orders to be edited or cancelled after acceptance of the order pursuant to our Order Acceptance Policy described above or, if earlier, within forty-eight (48) hours of the requested delivery date or within the seven (7) days prior to Christmas (because of our extremely high volume of orders during these times). Notwithstanding the foregoing, orders for products on the www.zoocchini.com site may not be cancelled once the order has been accepted.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE. THIS SITE (INCLUDING OUR SITE CONTENT) IS PROVIDED BY ZOOCCHINI ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AVAILABLE, OUR SITE (INCLUDING OUR SITE CONTENT) MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. ZOOCCHINI AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ZOOCCHINI AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. ZOOCCHINI AND ITS SUBSIDIARIES AND AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, ANY DELAYS ON THE SITE, OR THE INABILITY TO USE THE SITE, ANY PORTION THEREOF, OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PETMATE OR ANY OF ITS SUBSIDIARIES OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF OUR OBLIGATIONS UNDER THESE TERMS AND CONDITIONS.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may have other rights which vary from jurisdiction to jurisdiction. If applicable law requires any warranties with respect to the products or services, all such warranties are limited to the duration of the applicable express guarantee above.
YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, ZOOCCHINI, ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING TYPES OF DAMAGES RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR SITE CONTENT) OR THIRD-PARTY MATERIALS OR WEB SITES: INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, OUR SITES OR ANY OTHER HYPER-LINKED THIRD PARTY WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR SITE CONTENT), OR THIRD-PARTY MATERIALS OR WEB SITES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID TO ZOOCCHINI FOR THE APPLICABLE TRANSACTION GIVING RISE TO THE LIABILITY.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent of applicable law.
THE WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN ZOOCCHINI AND YOU. ZOOCCHINI WOULD NOT BE ABLE TO PROVIDE THE SITE (INCLUDING THE PRODUCTS, SERVICES, AND SITE CONTENT) ON AN ECONOMICALLY ACCEPTABLE BASIS WITHOUT SUCH LIMITATIONS.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at +1 800.778.7879 or visit the AAA website at http://www.adr.org.
Notwithstanding the foregoing, to the extent the Dispute arises from a violation of your or ZOOCCHINI’s intellectual property rights in any manner, both parties agree that the non-infringing party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court consistent with the “Governing Law” section below, and both parties consent to exclusive jurisdiction and venue in such courts.
Waiver of Class Arbitration: To the fullest extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other Disputes shall be consolidated or joined with your Dispute, whether through class arbitration proceedings or otherwise (“Class Arbitration”). You further acknowledge and agree that any arbitrator assigned to a Dispute lacks the authority to conduct Class Arbitration and that such arbitrator shall only hear individual Disputes. By using the Sites, you acknowledge that you are voluntarily and knowingly waiving any right to participate as a representative or member of any class of claimants pertaining to any Dispute subject to arbitration under these Terms and Conditions, such that you shall not be entitled to arbitrate any Dispute as a representative, a class action or in a private attorney general capacity.
Governing Law: These Terms and Conditions and all Disputes shall be governed in all respects by the laws of the State of New Jersey, consistent with the Federal Arbitration Act, as they apply to agreements entered into and to be performed entirely within New Jersey between New Jersey residents, without regard to conflict of law provisions, and you agree that this is a material term of your use of this Site. Further in any arbitration, both parties agree the arbitrator shall honor claims of privilege and privacy recognized under New Jersey law.
Enforcement of Arbitration Award: The arbitrator’s award shall be final and binding on all parties subject to these Terms and Conditions, and may be entered as a judgment in any court of competent jurisdiction.
Severability: If any portion of this “Dispute Resolution” section (with the exception of your Waiver of Class Arbitration) is deemed invalid or unenforceable by any arbitrator or court of competent jurisdiction, the invalid or unenforceable portion shall be severed and removed from the Terms and Conditions, and the remaining portions (including your Agreement to Arbitrate Disputes) shall remain binding on you and ZOOCCHINI.
However, if any arbitrator deems your Waiver of Class Arbitration to be invalid or unenforceable, then this entire “Dispute Resolution” section shall be null and void. Under such circumstances, you expressly acknowledge and agree that: (i) all Disputes shall be governed in all respects by the laws of the State of New Jersey as they apply to agreements entered into and to be performed entirely within New Jersey between New Jersey residents, without regard to conflict of law provisions; (ii) all Disputes shall be resolved by a state or federal court located in the county of Hudson, New Jersey; and (iii) you will submit to the personal jurisdiction of such New Jersey state or federal courts for the purposes of litigating such Disputes.
Put differently, you agree that your Waiver of Class Arbitration cannot be severed from your Agreement to Arbitrate Disputes. Unless otherwise agreed to in writing, you expressly acknowledge and agree that it is your intent and the intent of ZOOCCHINI not to proceed with any Dispute by way of Class Arbitration.
We make no representations that the Site Content is appropriate for access outside the United States. Those who choose to access any one of our Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.
By using any one of our Sites, you agree to indemnify and hold ZOOCCHINI, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of such Site, including providing a link to another site or any User Content or your violation of these Terms and Conditions.
If any provision of the Terms and Conditions is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect and the invalid, void, or unenforceable provision shall be deemed modified so that it is valid and enforceable to the maximum extent permitted by the law.
Our website may contain links to other internet sites, which are provided solely as a convenience to viewers and not as an endorsement of the contents of such sites. In addition, other internet sites may link to our website without our knowledge or permission. Because ZOOCCHINI and its subsidiaries and affiliates have no control over such linked sites, we assume no obligation to review, and are not responsible for the availability or content of, any off-site pages or any other sites links to our websites. Your linking to off-site pages or other sites is at your own risk.
ZOOCCHINI.com reserves the right, at its sole discretion, to change, modify, revise, add or remove any portion of these Terms in whole or in part, at any time. Changes to these Terms will be effective when such changes are posted to this Website. Your continued use of the Website after any change will be considered acceptance of those changes. ZOOCCHINI.com may terminate, change, suspend or discontinue any aspect of the ZOOCCHINI.com Website, including the availability of any features of the Website, at any time. ZOOCCHINI.com may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability. ZOOCCHINI.com may terminate the authorization, rights and license given above and, upon such termination you shall immediately destroy all Content and Photos which you may have downloaded.
Section titles in the Terms and Conditions are for convenience and do not define, limit, or extend any provision of the Terms and Conditions. As used herein, the term “including” means “including without limitation”. Our failure to enforce any right or provision shall not operate as a waiver of such right or provision. You agree that no joint venture, partnership, employment or agency relationship exists between you and ZOOCCHINI as a result of this agreement or your use of this site. This agreement, the Privacy and Security Policy and terms of sale constitute the entire agreement between you and ZOOCCHINI with respect to this site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ZOOCCHINI with respect to this site. No modification of this agreement shall be effective unless it is authored by ZOOCCHINI, or unless it is physically signed by a ZOOCCHINI executive officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by ZOOCCHINI in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by ZOOCCHINI in printed form. These Terms and Conditions may not be assigned by you without our prior written consent and any attempted assignment in violation of the foregoing shall be null and void. We may assign any of our rights under these Terms and Conditions without your prior written consent, to any third party. The terms of these Terms and Conditions shall be binding upon permitted assignees.
How to Contact Us
If you have any comments or questions, please do not hesitate to contact us at +1 855.792.7466, or write to us at:
P.O. Box 1323
Passaic, NJ 07055
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