Terms of Service Zepeim LLC Distributors
Website Terms of Use
Version 1.0
The website located at www.zepeim.com is a copyrighted work belonging to Zepeim. Certain
features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on
the Site in connection with such features. All such additional terms, guidelines, and rules are
incorporated by reference into these Terms.
Cookies and Web Beacons
Like any other website, uses ‘cookies’. These cookies are used to store information including
visitors’ preferences, and the pages on the website that the visitor accessed or visited. The
information is used to optimize the users’ experience by customizing our web page content based
on visitors’ browser type and/or other information.
These Terms of Use described the legally binding terms and conditions that oversee your use of
the Site. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS
and you represent that you have the authority and capacity to enter into these Terms. YOU
SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH
ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.
These terms require the use of arbitration Section 10.2 on an individual basis to resolve disputes
and also limit the remedies available to you in the event of a dispute.
1. Accounts
- Account Responsibilities. You are responsible for maintaining the confidentiality of
your Account login information and are fully responsible for all activities that occur
under your Account. You approve to immediately notify the Company of any
unauthorized use, or suspected unauthorized use of your Account. Company cannot
and will not be liable for any loss or damage arising from your failure to comply with the
above requirements.
2. Access to the Site
- Subject to these Terms, Company grants you a non-transferable, non-exclusive,
revocable, limited license to access the Site solely for your own personal,
noncommercial use.
- Certain Restrictions. The rights approved to you in these Terms are subject to the
following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host,
or otherwise commercially exploit the Site; (b) you shall not change, make derivative
works of, disassemble, reverse compile or reverse engineer any part of the Site; (c)
you shall not access the Site in order to build a similar or competitive website; and (d)
except as expressly stated herein, no part of the Site may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted in any form or
by any means unless otherwise indicated, any future release, update, or other addition
to functionality of the Site shall be subject to these Terms. All copyright and other
proprietary notices on the Site must be retained on all copies thereof.
- Company reserves the right to change, suspend, or cease the Site with or without
notice to you. You approved that Company will not be held liable to you or any thirdparty
for any change, interruption, or termination of the Site or any part.
- No Support or Maintenance. You agree that Company will have no obligation to
provide you with any support in connection with the Site.
- Excluding any User Content that you may provide, you are aware that all the
intellectual property rights, including copyrights, patents, trademarks, and trade
secrets, in the Site and its content are owned by Company or Company’s suppliers.
Note that these Terms and access to the Site do not give you any rights, title or interest
in or to any intellectual property rights, except for the limited access rights expressed in
Section 2.1. Company and its suppliers reserve all rights not granted in these Terms.
3. User Content
- Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
1) You agree not to use the Site to collect, upload, transmit, display, or distribute
any User Content (i) that violates any third-party right or any intellectual property
or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening,
harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally
misleading, trade libelous, pornographic, obscene, patently offensive, promotes
racism, bigotry, hatred, or physical harm of any kind against any group or
individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any
law, regulation, or obligations or restrictions imposed by any third party.
2) In addition, you agree not to: (i) upload, transmit, or distribute to or through the
Site any software intended to damage or alter a computer system or data; (ii)
send through the Site unsolicited or unauthorized advertising, promotional
materials, junk mail, spam, chain letters, pyramid schemes, or any other form of
duplicative or unsolicited messages; (iii) use the Site to harvest, collect, gather or
assemble information or data regarding other users without their consent; (iv)
interfere with, disrupt, or create an undue burden on servers or networks
connected to the Site, or violate the regulations, policies or procedures of such
networks; (v) attempt to gain unauthorized access to the Site, whether through
password mining or any other means; (vi) harass or interfere with any other
user’s use and enjoyment of the Site; or (vi) use software or automated agents or
scripts to produce multiple accounts on the Site, or to generate automated
searches, requests, or queries to the Site.
- We reserve the right to review any User Content, and to investigate and/or take
appropriate action against you in our sole discretion if you violate the Acceptable Use
Policy or any other provision of these Terms or otherwise create liability for us or any
other person. Such action may include removing or modifying your User Content,
terminating your Account in accordance with Section 8, and/or reporting you to law
enforcement authorities.
- If you provide Company with any feedback or suggestions regarding the Site, you
hereby assign to Company all rights in such Feedback and agree that Company shall
have the right to use and fully exploit such Feedback and related information in any
manner it believes appropriate. Company will treat any Feedback you provide to
Company as non-confidential and non-proprietary.
4. You agree to indemnify and hold Company and its officers, employees, and agents
harmless, including costs and attorneys’ fees, from any claim or demand made by any thirdparty
due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c)
your violation of applicable laws or regulations or (d) your User Content. Company reserves
the right to assume the exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate with our defense of these claims. You
agree not to settle any matter without the prior written consent of Company. Company will
use reasonable efforts to notify you of any such claim, action or proceeding upon becoming
aware of it.
5. Third-Party Links & Ads; Other Users
- Third-Party Links & Ads. The Site may contain links to third-party websites and
services, and/or display advertisements for third-parties. Such Third-Party Links & Ads
are not under the control of Company, and Company is not responsible for any Third-
Party Links & Ads. Company provides access to these Third-Party Links & Ads only as
a convenience to you, and does not review, approve, monitor, endorse, warrant, or
make any representations with respect to Third-Party Links & Ads. You use all Third-
Party Links & Ads at your own risk, and should apply a suitable level of caution and
discretion in doing so. When you click on any of the Third-Party Links & Ads, the
applicable third party’s terms and policies apply, including the third party’s privacy and
data gathering practices.
- Other Users. Each Site user is solely responsible for any and all of its own User
Content. Because we do not control User Content, you acknowledge and agree that
we are not responsible for any User Content, whether provided by you or by others.
You agree that Company will not be responsible for any loss or damage incurred as the
result of any such interactions. If there is a dispute between you and any Site user, we
are under no obligation to become involved.
- You hereby release and forever discharge the Company and our officers, employees,
agents, successors, and assigns from, and hereby waive and relinquish, each and
every past, present and future dispute, claim, controversy, demand, right, obligation,
liability, action and cause of action of every kind and nature, that has arisen or arises
directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are a
California resident, you hereby waive California civil code section 1542 in connection
with the foregoing, which states: “a general release does not extend to claims which
the creditor does not know or suspect to exist in his or her favor at the time of
executing the release, which if known by him or her must have materially affected his
or her settlement with the debtor.”
6. Disclaimers
The site is provided on an “as-is” and “as available” basis, and company and our suppliers
expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or
statutory, including all warranties or conditions of merchantability, fitness for a particular purpose,
title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make not guarantee
that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or
error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal,
or safe. If applicable law requires any warranties with respect to the site, all such warranties are
limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may
not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts,
so the above limitation may not apply to you.
0. Limitation on Liability
To the maximum extent permitted by law, in no event shall company or our suppliers be liable to
you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or
any indirect, consequential, exemplary, incidental, special or punitive damages arising from or
relating to these terms or your use of, or incapability to use the site even if company has been
advised of the possibility of such damages. Access to and use of the site is at your own discretion
and risk, and you will be solely responsible for any damage to your device or computer system, or
loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained
herein, our liability to you for any damages arising from or related to this agreement, will at all
times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim
will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from
or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
0. Term and Termination. Subject to this Section, these Terms will remain in full force and
effect while you use the Site. We may suspend or terminate your rights to use the Site at
any time for any reason at our sole discretion, including for any use of the Site in violation of
these Terms. Upon termination of your rights under these Terms, your Account and right to
access and use the Site will terminate immediately. You understand that any termination of
your Account may involve deletion of your User Content associated with your Account from
our live databases. Company will not have any liability whatsoever to you for any termination
of your rights under these Terms. Even after your rights under these Terms are terminated,
the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section
3 and Sections 4 through 10.
1. Copyright Policy.
Company respects the intellectual property of others and asks that users of our Site do the same.
In connection with our Site, we have adopted and implemented a policy respecting copyright law
that provides for the removal of any infringing materials and for the termination of users of our
online Site who are repeated infringers of intellectual property rights, including copyrights. If you
believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in
a work, and wish to have the allegedly infringing material removed, the following information in the
form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated
Copyright Agent:
1. your physical or electronic signature;
2. identification of the copyrighted work(s) that you claim to have been infringed;
3. identification of the material on our services that you claim is infringing and that you request
us to remove;
4. sufficient information to permit us to locate such material;
5. your address, telephone number, and e-mail address;
6. a statement that you have a good faith belief that use of the objectionable material is not
authorized by the copyright owner, its agent, or under the law; and
7. a statement that the information in the notification is accurate, and under penalty of perjury,
that you are either the owner of the copyright that has allegedly been infringed or that you
are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written
notification automatically subjects the complaining party to liability for any damages, costs and
attorney’s fees incurred by us in connection with the written notification and allegation of copyright
infringement.
0. General
- These Terms are subject to occasional revision, and if we make any substantial
changes, we may notify you by sending you an e-mail to the last e-mail address you
provided to us and/or by prominently posting notice of the changes on our Site. You
are responsible for providing us with your most current e-mail address. In the event
that the last e-mail address that you have provided us is not valid our dispatch of the email
containing such notice will nonetheless constitute effective notice of the changes
described in the notice. Any changes to these Terms will be effective upon the earliest
of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty
(30) calendar days following our posting of notice of the changes on our Site. These
changes will be effective immediately for new users of our Site. Continued use of our
Site following notice of such changes shall indicate your acknowledgement of such
changes and agreement to be bound by the terms and conditions of such changes.
- Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of
your contract with Company and affects your rights. It contains procedures for
MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
1) Applicability of Arbitration Agreement. All claims and disputes in connection with
the Terms or the use of any product or service provided by the Company that
cannot be resolved informally or in small claims court shall be resolved by binding
arbitration on an individual basis under the terms of this Arbitration Agreement.
Unless otherwise agreed to, all arbitration proceedings shall be held in English.
This Arbitration Agreement applies to you and the Company, and to any
subsidiaries, affiliates, agents, employees, predecessors in interest, successors,
and assigns, as well as all authorized or unauthorized users or beneficiaries of
services or goods provided under the Terms.
2) Notice Requirement and Informal Dispute Resolution. Before either party may
seek arbitration, the party must first send to the other party a written Notice of
Dispute describing the nature and basis of the claim or dispute, and the
requested relief. A Notice to the Company should be sent to: 9663 Santa Monica
BLVD, #1463, 90210, Beverly Hills. After the Notice is received, you and the
Company may attempt to resolve the claim or dispute informally. If you and the
Company do not resolve the claim or dispute within thirty (30) days after the
Notice is received, either party may begin an arbitration proceeding. The amount
of any settlement offer made by any party may not be disclosed to the arbitrator
until after the arbitrator has determined the amount of the award to which either
party is entitled.
3) Arbitration Rules. Arbitration shall be initiated through the American Arbitration
Association, an established alternative dispute resolution provider that offers
arbitration as set forth in this section. If AAA is not available to arbitrate, the
parties shall agree to select an alternative ADR Provider. The rules of the ADR
Provider shall govern all aspects of the arbitration except to the extent such rules
are in conflict with the Terms. The AAA Consumer Arbitration Rules governing
the arbitration are available online at adr.org or by calling the AAA at 1-800-778-
7879. The arbitration shall be conducted by a single, neutral arbitrator. Any
claims or disputes where the total amount of the award sought is less than Ten
Thousand U.S. Dollars (US $10,000.00) may be resolved through binding nonappearance-
based arbitration, at the option of the party seeking relief. For claims
or disputes where the total amount of the award sought is Ten Thousand U.S.
Dollars (US $10,000.00) or more, the right to a hearing will be determined by the
Arbitration Rules. Any hearing will be held in a location within 100 miles of your
residence, unless you reside outside of the United States, and unless the parties
agree otherwise. If you reside outside of the U.S., the arbitrator shall give the
parties reasonable notice of the date, time and place of any oral hearings. Any
judgment on the award rendered by the arbitrator may be entered in any court of
competent jurisdiction. If the arbitrator grants you an award that is greater than
the last settlement offer that the Company made to you prior to the initiation of
arbitration, the Company will pay you the greater of the award or $2,500.00.
Each party shall bear its own costs and disbursements arising out of the
arbitration and shall pay an equal share of the fees and costs of the ADR
Provider.
4) Additional Rules for Non-Appearance Based Arbitration. If non-appearance based
arbitration is elected, the arbitration shall be conducted by telephone, online
and/or based solely on written submissions; the specific manner shall be chosen
by the party initiating the arbitration. The arbitration shall not involve any
personal appearance by the parties or witnesses unless otherwise agreed by the
parties.
5) Time Limits. If you or the Company pursues arbitration, the arbitration action must
be initiated and/or demanded within the statute of limitations and within any
deadline imposed under the AAA Rules for the pertinent claim.
6) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights
and liabilities of you and the Company, and the dispute will not be consolidated
with any other matters or joined with any other cases or parties. The arbitrator
shall have the authority to grant motions dispositive of all or part of any claim.
The arbitrator shall have the authority to award monetary damages, and to grant
any non-monetary remedy or relief available to an individual under applicable law,
the AAA Rules, and the Terms. The arbitrator shall issue a written award and
statement of decision describing the essential findings and conclusions on which
the award is based. The arbitrator has the same authority to award relief on an
individual basis that a judge in a court of law would have. The award of the
arbitrator is final and binding upon you and the Company.
7) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL
AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT
OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be
resolved by arbitration under this Arbitration Agreement. Arbitration procedures
are typically more limited, more efficient and less expensive than rules applicable
in a court and are subject to very limited review by a court. In the event any
litigation should arise between you and the Company in any state or federal court
in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE
COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the
dispute be resolved by a judge.
8) Waiver of Class or Consolidated Actions. All claims and disputes within the scope
of this arbitration agreement must be arbitrated or litigated on an individual basis
and not on a class basis, and claims of more than one customer or user cannot
be arbitrated or litigated jointly or consolidated with those of any other customer
or user.
9) Confidentiality. All aspects of the arbitration proceeding shall be strictly
confidential. The parties agree to maintain confidentiality unless otherwise
required by law. This paragraph shall not prevent a party from submitting to a
court of law any information necessary to enforce this Agreement, to enforce an
arbitration award, or to seek injunctive or equitable relief.
10) Severability. If any part or parts of this Arbitration Agreement are found under the
law to be invalid or unenforceable by a court of competent jurisdiction, then such
specific part or parts shall be of no force and effect and shall be severed and the
remainder of the Agreement shall continue in full force and effect.
11) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration
Agreement may be waived by the party against whom the claim is asserted.
Such waiver shall not waive or affect any other portion of this Arbitration
Agreement.
12) Survival of Agreement. This Arbitration Agreement will survive the termination of
your relationship with Company.
13) Small Claims Court. Nonetheless the foregoing, either you or the Company may
bring an individual action in small claims court.
14) Emergency Equitable Relief. Anyhow the foregoing, either party may seek
emergency equitable relief before a state or federal court in order to maintain the
status quo pending arbitration. A request for interim measures shall not be
deemed a waiver of any other rights or obligations under this Arbitration
Agreement.
15) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of
defamation, violation of the Computer Fraud and Abuse Act, and infringement or
misappropriation of the other party’s patent, copyright, trademark or trade secrets
shall not be subject to this Arbitration Agreement.
16) In any circumstances where the foregoing Arbitration Agreement permits the
parties to litigate in court, the parties hereby agree to submit to the personal
jurisdiction of the courts located within Netherlands County, California, for such
purposes.
- The Site may be subject to U.S. export control laws and may be subject to export or
import regulations in other countries. You agree not to export, re-export, or transfer,
directly or indirectly, any U.S. technical data acquired from Company, or any products
utilizing such data, in violation of the United States export laws or regulations.
- Company is located at the address in Section 10.8. If you are a California resident, you
may report complaints to the Complaint Assistance Unit of the Division of Consumer
Product of the California Department of Consumer Affairs by contacting them in writing
at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
- Electronic Communications. The communications between you and Company use
electronic means, whether you use the Site or send us emails, or whether Company
posts notices on the Site or communicates with you via email. For contractual
purposes, you (a) consent to receive communications from Company in an electronic
form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and
other communications that Company provides to you electronically satisfy any legal
obligation that such communications would satisfy if it were be in a hard copy writing.
- Entire Terms. These Terms constitute the entire agreement between you and us
regarding the use of the Site. Our failure to exercise or enforce any right or provision of
these Terms shall not operate as a waiver of such right or provision. The section titles
in these Terms are for convenience only and have no legal or contractual effect. The
word “including” means “including without limitation”. If any provision of these Terms is
held to be invalid or unenforceable, the other provisions of these Terms will be
unimpaired and the invalid or unenforceable provision will be deemed modified so that
it is valid and enforceable to the maximum extent permitted by law. Your relationship
to Company is that of an independent contractor, and neither party is an agent or
partner of the other. These Terms, and your rights and obligations herein, may not be
assigned, subcontracted, delegated, or otherwise transferred by you without
Company’s prior written consent, and any attempted assignment, subcontract,
delegation, or transfer in violation of the foregoing will be null and void. Company may
freely assign these Terms. The terms and conditions set forth in these Terms shall be
binding upon assignees.
- Copyright/Trademark Information. Copyright © 2017. All rights reserved. All
trademarks, logos and service marks displayed on the Site are our property or the
property of other third-parties. You are not permitted to use these Marks without our
prior written consent or the consent of such third party which may own the Marks.
- Contact Information:
Address: 9663 Santa Monica BLVD #1463, Beverly Hills, CA 90210
Email: info@zepeim.com