The following policies, terms and conditions are incorporated by reference into, and made part of, this Agreement:
1. INCORPORATED POLICIES OR TERMS:
1.2 Terms of Sale. All orders placed via the Site are governed by ziggie's Terms of Sale located at http://www.ziggie.net/delivery-information/ (the “Terms of Sale”). You should refer to our Terms of Sale to learn more about product and pricing information, applicable product warranties, shipping terms, delivery options and our return policy amongst other terms that govern your purchase of goods from the Site. By ordering and/or accepting delivery of the products, you agree to be bound by the Terms of Sale, including but not limited to all conditions, disclaimers and limitations of liability therein. The Terms of Sale are subject to change without prior notice at any time, in ziggie's sole discretion without liability so you should review the Terms of Sale each time you make a purchase.
2. MEMBERSHIP ACCOUNTS:
2.1 As part of your use of the Site, you may be permitted by ziggie to open a membership account under the Account Creation tab of the Site (the "Membership Account").
2.3 As part of the creation of your Membership Account you will be asked to create single user login credentials with a username and password.
2.4 In consideration of your use of the Site, you agree on your own behalf and, on behalf of your company, where applicable: 2.4.1 to provide true, accurate, current and complete information about yourself and/or the company that you represent;
2.4.2 that you represent and warrant that you have the capacity and authority to execute agreements and place orders for ziggie products and services on behalf of you or your company;
2.4.3 that an order placed by you through the Site is the equivalent of a signed purchase order, and you hereby waive any future challenge to the validity and enforceability of any order submitted via the Site on the grounds that it was electronically transmitted and authorized;
2.4.4 that you are responsible for all costs and charges, including without limitation, phone charges and telecommunications equipment, incurred in order to use the Site;
2.4.5 that you are fully responsible for all activities that occur under your password or Membership Account, and you and your company accept all liability for any acts or omissions by you arising out of the use of your Membership Account, even if such acts or omissions are not specifically authorised by you and your company;
2.4.6 to immediately notify us of any unauthorized use of your password or Membership Account or any other breach of security; and
2.4.7 that you are fully responsible for managing your Membership Account, including but not limited to:
18.104.22.168 maintaining the confidentiality of passwords and/or any Membership Account information; and
22.214.171.124 maintaining and promptly updating the Membership Account information to keep it true, accurate, current and complete.
3. THE MATERIALS:
3.1 COPYRIGHT: All copyrighted and copyrightable materials on this Site, including, without limitation, the ziggie design, text, graphics, pictures, and other files, and the selection and arrangement ("Copyright Materials") thereof are the property of ziggie, ALL RIGHTS RESERVED Copyright © ziggie Inc. and/or its licensors.
3.2 TRADEMARKS AND SERVICE MARKS: The ziggie work mark, the ziggie logo, product brands and associated logos and all other content, products and services available through and described in this Site, including without limitation, all page headers, custom graphics, displays, graphs, icons, scripts and other components of the Site are either trademarks, service marks, registered trademarks and/or trade dress of ziggie, its subsidiaries and its suppliers and licensors or their respective owners (collectively the “Trademark Materials”).
3.5 INFRINGEMENT OF MATERIALS ziggie respects the intellectual property of others. ziggie may, in appropriate circumstances and at ziggie’s discretion, terminate service and/or access to the Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on Site, please provide ziggie’s designated agent with the written information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512 ("DMCA") and specified below (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or trademark interest;
2. A description of the copyrighted or trademarked work(s) that you claim has been infringed upon;
3. A description of where the material that you claim is infringing is located on the Site;
4. Information reasonably sufficient to permit ziggie to contact you about the complaint, such as an address, telephone number, and, if available, an e-mail address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law; and
6. 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 owner’s behalf.
Please also note that for copyright infringements under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. ziggie’s agent for notice of claims of copyright or trademark infringement on the Site can be reached:
by phone at 1-844-ZIGGIE-1 (1-844-944-4431);
by email at firstname.lastname@example.org, or
by mail at: Attention: ziggie Inc. Legal Counsel c/o Fasken Martineau DuMoulin LLP, 2900 - 550 Burrard Street Vancouver, BC V6C 0A3 Canada
4. USE OF SITE:
4.1 ziggie grants you a limited, terminable license to use this Site to make legitimate orders and purchases through the Site and shall not use this Site nor any other content of any kind on the Site for any other purposes, including without limitation, (a) for any resale or commercial use of the Site or content therein; (b) for the collection and use of any product listings or descriptions; (c) for making derivative uses of the Site; or (d) in conjunction with the use of any data mining, robots, or similar data gathering and extraction methods; or (e) to make any speculative, false or fraudulent orders or any order in anticipation of demand. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of ziggie or any third party.
4.2 This Site and the contents provided in this Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of ziggie, except that you may print the materials presented on this Site for the licensed purposes only and provided that, you may not, without the permission of ziggie or the respective copyright owner, (a) copy, publish, or post any content on the Site on any web site, computer network or broadcast or publications media (except as expressly permitted herein), (b) modify any content on the Site, (c) remove or alter any copyright, trademark and other proprietary notices contained on the Site, (d) use, frame or utilize framing techniques to enclose any ziggie trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) or (e) use any meta tags or any other "hidden text" utilizing an ziggie name, trademark, or product name. Unauthorized use of this Site and/or any content contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws.
5. USER GENERATED CONTENT:
5.1 You may wish to:
5.1.1 post submissions on the Site or through channels specifically designated by ziggie from the time to time which submissions may include reviews, comments, photos, suggestions, ideas, questions, or other similar information; and/or
5.2 ziggie welcomes User Generated Content in the permitted forms and through the designated channels of the Site on the basis that the User Generated Content is not illegal, obscene, threatening, invasive of privacy, defamatory, infringing of intellectual property rights or otherwise injurious to third parties and does not consist of or contain software viruses, political campaigning, commercial solicitation or any form of spam. ziggie reserves the right (but not the obligation) to remove any User Generated Content, or portion thereof, regarding claims without foundations or verifications, but does not review User Generated Content regularly.
6. AGE AND RESPONSIBILITY:
The Site is not created for children or persons who are under the age of majority in their jurisdiction. By purchasing products from ziggie or providing ziggie with information when using the Site (including but not limited to User Generated Content) you represent that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You understand that you are financially responsible for all uses of the Site by you and those using your Membership Account login information.
YOU USE THE SITE AT YOUR SOLE RISK. THE SITE AND ALL CONTENT THEREON ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED BY ZIGGIE TO UNDERTAKE YOUR OWN DUE DILIGENCE WITH RESPECT TO THIS SITE. ZIGGIE MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE ZIGGIE SITE, ITS OPERATION, OR ANY OTHER CONTENT OF ANY KIND CONTAINED IN OR GENERATED BY OR THROUGH THE SITE.
ZIGGIE RESERVES ALL RIGHTS TO WITHDRAW OR DELETE ANY INFORMATION, CONTENT OR FUNCTIONALITY FROM THE SITE AT ANY TIME WITHOUT NOTICE TO YOU IN ZIGGIE’S SOLE DISCRETION AND WITHOUT LIABILITY TO ZIGGIE.
ZIGGIE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE ANY CONTENT THEREON, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENCY, QUALITY, RELIABILITY OR SUITABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE, TITLE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. FURTHER TO THE ABOVE ZIGGIE DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, REPORTS OR SUBSTANCE OF THE SITE, ANY UNAUTHORIZED ACCESS TO OR USE OF ZIGGIE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR VIA ANY ELECTRONIC MAIL OR COMMUNICATION SENT BY ZIGGIE, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE, ANY DATA, CONTENT, INFORMATION, MATERIALS, OR SUBSTANCE OF THE SITE OR ANY SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
9. LIMITATION OF LIABILITY:
YOU AGREE THAT ZIGGIE, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION OF, CONTENT IN OR PRODUCT OF, MODIFICATION OF, OR DISCONTINUANCE OF THE SITE BY ZIGGIE IN ITS SOLE DISCRETION, OR ARISING FROM ACCESS TO OR USE OF THE SITE BY YOU OR ANY THIRD PARTY ON YOUR BEHALF. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY (EVEN IF ZIGGIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE).
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ZIGGIE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SITE EXCEED ONE HUNDRED DOLLARS (CDN $100.00).
Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
FOR NEW JERSEY RESIDENTS OR OTHER PERSONS ACCESSING THIS SITE FROM NEW JERSEY: You agree that all disputes arising from your Membership Account, your use of the Site, your User Generated Content and any other rights contained therein shall be decided solely by binding arbitration, pursuant to Section 12 below. By agreeing to arbitration, you understand and agree that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle any disputes. Furthermore, YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL in any dispute with ziggie, its affiliates and/or subsidiaries.
The relationship between ziggie and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of this Agreement or your access to or use of this Site.
13. APPLICABLE LAW:
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
17. ENTIRE AGREEMENT:
18. CONTACTING ZIGGIE:
If you have any feedback, questions or comments about the Site or its contents, please contact us by emailing us at email@example.com or by writing to us at: ziggie inc. c/o Craig Brod L402 1520 Coal Harbour Quay Vancouver, BC., CANADA V6G3G1