ZipFit Denim Terms and Conditions
This web site www.zipfitdenim.com (the "Site") and ZipFit Denim's services ("Services") are offered to you, the user ("you", "your", "yours", or "user"), conditioned on your acceptance, without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this Site in any degree or capacity constitutes your agreement to all such terms, conditions, and notices in effect at such time. If you have any questions regarding these Terms and Conditions, you may obtain contact information at www.zipfitdenim.com. We may amend these Terms and Conditions at any time by posting a revised version of these Terms and Conditions on the Site.
The Site is the property of ZipFit, Inc ("ZipFit", "we", "us", or "our") and its licensors. By using this Site, you agree to the Terms and Conditions; if you do not agree, do not use the Site.
ZipFit reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to all the changes. As long as you comply with these Terms and Conditions, ZipFit grants you a personal, non-exclusive, non-transferable, limited privilege to enter, access, and use the Site.
Payments, Taxes, and Refund Policy
ZipFit services ("Services") accepts the following forms of payment: credit cards issued by U.S. banks. If a credit card is being used for a transaction, ZipFit may obtain preapproval for an amount up to the amount of the order. Billing occurs at the time of or shortly after your transaction.
You agree that you will pay for all products you purchase through the Services, and that ZipFit may charge your credit card for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING ZIPFIT WITH A VALID CREDIT CARD DETAILS FOR THE TRANSACTION OF SUCH PAYMENT. All fees will be billed to the credit card account you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card status, you must change your information online in the Account Information section of ZipFit; this may temporarily disrupt your access to the Services while ZipFit verifies your new payment information.
Your total price will include the price of the product plus any applicable sales tax; such sales tax is based on the ship to address except where the law requires otherwise and the sales tax rate in effect at the time you purchase the product.
All sales and rentals of products are final.
Prices for products offered via the Services may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
If a product becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by ZipFit.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork, and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel", and arrangement of such Content, contained on the Site is owned, controlled, or licensed by or to ZipFit and is protected by copyright, patent, and trademark laws, and various other intellectual property rights.
Except as expressly provided in these Terms and Conditions, no part of the Site and no Content may be copied, reproduced, translated, republished, posted, publicly displayed, encoded, transmitted, altered, or distributed in any way to any other computer, server, web site or other medium for publication or distribution or for any commercial purpose, without ZipFit's express prior written consent.
Upon registration with ZipFit, you will have access to the Site's entire user functionality, including the ability to make purchases on the Site.
No Guaranty or Endorsement
ZipFit does not guaranty any specific results or outcomes related to the use of the Site, specifically including results related to the successful purchasing of clothing. ZipFit makes no guaranties or representations regarding the skills, judgment, professionalism, performance, or representations of the Site's users. ZipFit does not endorse or recommend any particular user. The users are not employees or agents of ZipFit, and ZipFit is not an agent of any user. Should a dispute arise between users, the respective users should address such dispute with each other directly. You agree to release and indemnify ZipFit, and all its directors, officers, affiliates, agents, and employees (including ZipFit's business affiliates, suppliers, and service providers) from any and all damages or claims, regardless of nature, known or unknown, arising out of or in connection you're your dealings with any other user.
Your Use of the Site
By using this Site you agree that all of the information posted on the Site is the sole and exclusive property of ZipFit, and that you have no right to reproduce, post, publish, or otherwise use such information other than in conjunction with your use of the Site. Your use of the Site shall be strictly and narrowly limited to the furtherance of your shopping endeavors. You acknowledge that a violation of the Terms and Conditions could result in significant damages, and you agree that you are liable to ZipFit for any such damages and will indemnify ZipFit in the event of any third party claims against ZipFit based on or arising from your violation of the Terms and Conditions. We reserve the right to revoke your access to the ZipFit Site and services at any time for any reason at all, including suspicion of wrongdoing on your part.
You may not use any type of automatic or manual software or hardware device, program, algorithm, or other methodology or process to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site. ZipFit reserves the right to bar any such activity without further notice.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server that hosts any or all of the Site, or to any of the Services offered on or through the Site, by hacking or other use of illegitimate means.
You may not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, or any other customer or user of ZipFit, including any ZipFit account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided-for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large bandwidth and/or processing strain on the infrastructure of the Site or ZipFit's or its host's systems or networks, or any systems or networks connected to the Site or to ZipFit.
You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper operation of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.
You acknowledge that the Site contains instant messaging, rating, feedback, and other social networking features and that these features allow you to make direct contact with other users as well as post information about other users. You agree that you will not use these features to harass, stalk, threaten, defame, embarrass, extort, or otherwise make unwanted contact with other users. You agree that all information you post with respect to any rating or feedback about another user will be true, accurate, and based on your personal knowledge.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of ZipFit or others. ZipFit reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, legal fees, costs, repairs, expenses, injunctive relief, or other legal or equitable remedies.
Information You Provide To ZipFit
You guaranty that all information you provide on the Site will be accurate and up to date. If you provide any information that is untrue, out of date, or incomplete, or ZipFit has reasonable grounds to suspect that such information is untrue, inaccurate, out of date, or incomplete, ZipFit has the right to declare you in violation of these Terms and Conditions.
Should ZipFit determine that any information you provide to ZipFit or post to the Site is false, misleading, infringes on the rights (including intellectual property rights) of others, obscene, or otherwise inappropriate or improper, ZipFit reserves the right to remove said information without notice to the user that provided and/or posted it. With respect to all information posted by you on the Site, you represent you have consent from the owner and/or creator of the information to do so.
Accounts and Passwords
Use of the Site and services to make purchases requires the creation of a login ID and password. You are fully responsible for maintaining the confidentiality of your login ID and password. You are responsible for any use of the ZipFit services by persons to whom you intentionally or negligently entrust your account information and/or password. You must notify ZipFit immediately upon the discovery of a breach of your account security and/or any unauthorized activity on your account. Depending on the circumstances surrounding the activity, you may be held liable for losses incurred by ZipFit for unauthorized activity on your account. You are never permitted to use any other login ID than your own for any purpose without the express written consent of the rightful holder of that login ID. Agents of users (i.e. users that are firms with multiple employees or agents) will be permitted to create and assign a separate and distinct login ID and password for reach such employee or agent under the user's control. All such employees and agents are subject to the Terms and Conditions.
The Site contains various forms of advertising and may use browser cookies to collect and track certain non-personal usage information from you, none of which can be used in any way to identify you. You hereby consent to ZipFit's use of advertising and browser cookies.
ZIPFIT DOES NOT WARRANT, REPRESENT, OR OTHERWISE ENSURE THE ACCURACY OF ANY INFORMATION PROVIDED TO IT BY ITS USERS. ZipFit strongly recommends that you perform your own research regarding the background, standing, and reputation of other users on the Site with which you choose to engage and/or communicate.
Links to Other Web Sites
The Site may contain links to third party web sites. These links are provided solely as a convenience to the Site's users and visitors. Any and all third party sites are not under ZipFit's control. ZipFit does not verify, monitor, endorse, or accept any responsibility for any content or activity of any third party sites. The responsibility of your visitation or use of any third party sites is strictly your own.
ZIPFIT DOES NOT GUARANTY THAT THIS SITE OR ANY OF ITS CONTENT, SERVICES, OR FEATURES IS WITHOUT ERRORS OR WILL OPERATE WITHOUT INTERRUPTION, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE ANY SPECIFIC RESULTS. THIS SITE AND ALL ITS CONTENT ARE DELIVERED TO YOU ON AN "AS-IS" BASIS. ZIPFIT CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR OTHER DANGEROUS OBJECTS. ZIPFIT DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. ZIPFIT DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND/OR CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THIS SITE AND/OR ANY OF ZIPFIT'S FEATURES OR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY THIRD PARTY SITES TO WHICH IT LINKS. YOUR SOLE REMEDY AGAINST ZIPFIT FOR ANY DISSATISFACTION WITH THIS SITE OR ANY OF ITS CONTENT IS TO DISCONTINUE YOUR USE OF THE SITE OR ANY SUCH CONTENT OBTAINED, SAVED, OR DOWNLOADED FROM IT. ALL INFORMATION PROVIDED ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
At any time, with or without notice, ZipFit reserves the right to do any or all of the following: 1) to alter, modify, or suspend, or permanently terminate your access to the Site, for any reason whatsoever; 2) to alter, modify, suspend, or permanently terminate any of the Site's features, services, policies, or other content; and 3) to interrupt or discontinue normal operation of the Site to perform maintenance, corrections, or other repairs.
Limitation of Liability
Unless otherwise prohibited by law, ZipFit shall not in any event be liable to you for any damages incurred by you, whether direct, indirect, consequential, special, punitive, or exemplary in nature, even if ZipFit has been given notice of the potential for said damages.
Notwithstanding the foregoing provisions of this section, in the event ZipFit is found liable to you for conduct or activity that is in some way connected with your use of the Site, ZipFit's liability to you shall not exceed the larger of the following: (1) the total cost of any monthly subscription fees paid by you within the past five months prior to the date of the initial claim against ZipFit, or (2) $100.00 USD. As some U.S. jurisdictions do not permit contractual limitations on liability, this section may not apply in your situation. You are charged with knowing the applicable laws pertaining to such limitations in your jurisdiction.
You agree to indemnify and hold ZipFit, its officers, directors, predecessors, shareholders, successors in interest, employees, agents, subsidiaries, and affiliates, harmless from any claims for damages, loss, liability, or expenses (including reasonable attorneys' fees) made against ZipFit by any party due to, arising out of, or in connection with your use of the Site.
Violation of These Terms and Conditions
In the event ZipFit determines that you have violated any of these Terms and Conditions, it reserves the right to conduct its own investigation using all information disclosed by you as well as all information available to ZipFit. In the event ZipFit determines a violation has occurred, it reserves the right to initiate any appropriate legal action in protection of its own rights and/or the rights of its owners, shareholders, subsidiaries, agents, and business partners. If ZipFit does initiate legal action against you, you will be responsible for, and agree to pay, all fees and costs (including reasonable attorneys' fees) associated with such legal action.
ZipFit may disclose any and all information provided by you as required by applicable Federal, State, and local laws. ZipFit reserves the right to alter, modify, suspend, or permanently terminate your access to the Site if Federal, State, or local law requires such action.