Welcome to wearzola.com
(the “Site”). By using this Site, you agree to be bound by these Terms of Use
(“Terms”) as they may be periodically amended and modified from time to time.
You should check these Terms for any changes each time you use the Site. ZoLa,
LLC (“ZoLa”, “we”, “us” and “our”) is the operator of this Site. This Site is
made available to you on the precondition that you accept all of the terms and
conditions contained herein. Please do not use this Site if you do not agree
with and accept these terms. By continuing to use this Site you are accepting
and consenting to be governed by these Terms.
The information on this Site is intended for general informational purposes and
should not be relied on as the sole basis for making decisions. ZoLa does not
guarantee that the information contained on this Site is current, accurate or
complete. You rely on the material on this Site at your own risk. The
information on this Site does not constitute a binding offer of ZoLa to sell
products featured on this Site. We reserve the right to change the contents of
this Site at any time and for any reason and shall not have any obligation to
update any information contained on this Site. No employment, partnership, agency
of joint venture relationship exists between ZoLa and you as a result of your
use of this Site or these Terms.
Although ZoLa tries its best to display our products and their colors as
accurately as possible, colors of the products which are actually displayed
depend upon computer hardware of the user, and ZoLa cannot guarantee that such
hardware will accurately display the colors of the products. There is also the
possibility that products displayed on the Site may be out-of-stock or
discontinued, and the prices which are displayed are also subject to change. ZoLa
is not responsible for typographical or other errors regarding price or any
other matter.
Prices quoted on this Site are denominated in U.S. dollars and are valid and
effective only in the United States. You are prohibited from purchasing any
item from this Site with the intent to resell it. ZoLa reserves the right, in
its sole discretion, to accept or decline your order, in part or in total, even
after your credit card has been charged and you receive confirmation of your
order. If your order is cancelled after your credit card has been charged, a
credit will be issued to your credit card account.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Intellectual Property
ZoLa or its content
providers are the owners of and have exclusive rights to all of the content on
this Site, including, but not limited to, all designs, text, images, logos and
downloads (“Content”). All trademarks, service marks, logos and other Content
displayed or featured on the Site, including, but not limited to “ZoLa”, “Be
Awear”, “Be awear and unleash the good life”, the “ZoLa” logo and the ZoLa “English
bulldog” logo are the property of ZoLa. In addition, this Site and its contents
are protected by copyright laws. Nothing on this Site shall be construed as
granting by implication, estoppel or otherwise, any right or license to use a
trademark, service mark or logo featured on this Site without the prior written
consent of ZoLa. You acknowledge that you shall not construe anything on this
Site as granting any license or right to use any trademark, service mark or
logo, either explicitly, implicitly, by estoppel or otherwise. ZoLa reserves
all rights not expressly granted or relinquished herein in regards to the Site
and its Content.
ZoLa is committed to protecting its intellectual property rights as well as the
intellectual property rights of others. To report any infringement of your
intellectual property rights on this Site, you can contact us at info@wearzola.com. Your email should include: (1) a description
of the infringement; (2) detail of the location of the infringing material on
the Site; (3) your name, address, telephone number, email address and other
reasonable contact information.
You represent that you own or otherwise have the legal right to the material
you submit to the Site. You agree to grant ZoLa a non-exclusive, irrevocable
and perpetual right to use, modify, reproduce, publish, distribute, display and
create derivative works from any material which you submit to the Site. Such
right shall include the right to use your name and any personal information you
submit.
Prohibited Uses
ZoLa reserves the right,
at its discretion, to refuse or terminate a person’s registration, or deny
access to this Site. ZoLa grants you a license to use this Site and such
license is revocable by us, and in our sole discretion, at any time and for any
reason. You are prohibited from using, modifying, distributing, broadcasting,
transferring, transmitting, uploading, licensing, selling, reverse engineering
or creating derivative works from any trademarks or Content on this Site. You
are also prohibited from using the Site for marketing purposes or to compete
with ZoLa.
By using this Site you agree to be held responsible for any material you submit
through this Site and to indemnify ZoLa for all claims that result from your
submissions. You agree that you shall be held personally liable for all orders
placed or charges incurred, prior to your account being terminated. You
acknowledge that you may not submit, upload, publish or distribute through this
Site any material that could give rise to claims of libel, defamation, fraud,
obscenity, or claims of any civil or criminal liability. Further, you agree
that anything you submit to ZoLa shall not violate any right of any third
party, including privacy, trademark, copyright, or any other intellectual or
other personal right. You agree that you will not submit any material that
contains a computer virus, spam or any software or computer code designed to
damage, interfere with or mine data from the Site.
Disclaimers and Limitation of Liability
THIS SITE IS PRESENTED
ON AN “AS IS” BASIS AND YOU ACKNOWLEDGE THAT YOUR USE OF THIS SITE IS AT YOUR
OWN RISK. ZoLa RESERVES THE RIGHT TO LIMIT OR RESTRICT YOUR ACCESS TO THE SITE
IN ANY WAY AND AT ANY TIME. ZoLa EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF
ANY TYPE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: 1) IMPLIED
WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY; 2)
WARRANTIES IMPLIED FROM A COURSE OF DEALING OR PERFORMANCE; 3) WARRANTIES THAT
THE SITE OR THE SITE’S SERVER WILL BE FREE FROM VIRUSES; 4) THAT INFORMATION ON
THE SITE WILL BE TIMELY, COMPLETE OR ACCURATE; OR 5) THAT THE SITE SHALL BE
SECURE AND ERROR FREE.
BY USING THIS SITE YOU AGREE AND ACKNOWLEDGE THAT YOU ASSUME FULL
RESPONSIBILITY FOR ALL CONSEQUENCES RESULTING FROM YOUR USE OF THIS SITE. YOU
AGREE, ACKNOWLEDGE AND ACCEPT: 1) THAT YOU DID NOT HAVE TO PAY TO USE THIS
SITE; 2) THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, ZoLa, ITS AFFILIATES,
SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT OR
INDIRECT DAMAGES, INCLUDING CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE,
EXEMPLARY OR ANY DAMAGES OF ANY KIND ARISING FROM: A) LOSS OF DATA OR DAMAGE TO
YOUR COMPUTER THAT RESULTS FROM ANY MATERIALS YOU DOWNLOAD FROM THIS SITE, YOU
DOWNLOAD AT YOUR OWN RISK; B) ANY ACTIONS TAKEN BY US OR WHICH WE FAIL TO TAKE
REGARDING COMMUNICATIONS YOU SEND TO US; C) YOUR INABILITY TO USE THIS SITE; D)
ANY PRODUCTS, SERVICES OR OTHER INFORMATION OR MATERIALS FEATURED ON THIS SITE,
OR THE REMOVAL THEREOF; E) OR ANYTHING ARISING OUT OF YOUR USE OF THIS SITE OR
ANY WEBSITE YOU ACCESS THROUGH THIS SITE. ZoLa WILL NOT PROVIDE, AND YOU SHOULD
NOT CONSTRUE ANY COMMUNICATION, INFORMATION OR ADVICE OBTAINED THROUGH THIS
SITE, WHETHER ORAL OR WRITTEN, AS CREATING ANY WARRANTY OF ANY KIND. THE
DISCLAIMERS IN THESE TERMS ARE VALID ONLY WHERE THEY ARE NOT PROHIBITED BY
LAW.
ZoLa makes no warranties of any kind regarding web sites which are not operated
by ZoLa to which you may be directed or hyperlinked from this Site. These
hyperlinks are included by ZoLa for your convenience, and ZoLa makes no
representations or warranties with regard to the material on these sites or the
suitability, safety or accuracy of any material on such web sites. ZoLa has no
responsibility for products or services offered or provided by any third party.
Personal Information
You agree that any personal information that you enter on this Site will be accurate, current and complete. Certain features of the Site, such as the “My Account” feature, are password protected. If you register a password, you agree that you are responsible for the security of your password and for acts performed or statements made in connection with the use of your account and password. It is your responsibility to contact ZoLa if you know or have reason to believe that the security of your password has been compromised in any way. We will attribute to you any communication made via your account unless we receive written notice from you indicating otherwise. Your name and any personal information submitted shall be treated in accordance with the ZoLa Privacy Policy.
Indemnity
You agree to hold harmless, defend and indemnify ZoLa and any of our affiliates, officers, directors, employees, agents, interns, ambassadors, licensors, contractors, subcontractors, service providers and suppliers against any and all damages, losses, costs, expenses, liabilities, including any all reasonable court costs and attorneys’ fees which result from any violation of these Terms, a technical problem you experience with the Site, or any issues resulting from your use of the Site. ZoLa reserves the exclusive right, at ZoLa’s own expense, to assume control of the defense of any matter for which you would be held responsible for indemnifying ZoLa for any losses incurred. You agree to cooperate with ZoLa in regards to the defense of any such matter. Any claim or cause of action you may have with respect to ZoLa or the Site must be commenced within one (1) year after the claim or cause of action arose.
Applicable Law
This Site is intended to be accessed and used where such access and use is permitted by law. This Site and these Terms are governed by the laws of the State of Virginia. ZoLa does not guaranty that accessing or using this Site complies with the laws of the jurisdiction in which you are located. It is your responsibility to educate yourself as to the laws of your jurisdiction and act accordingly. By using this Site you are irrevocably consenting to the non-exclusive jurisdiction of the state and federal courts located in the State of Virginia for purposes of adjudicating any action relating to these Terms and waive any objection to venue or jurisdiction in such actions.
General Information
You understand that these Terms and any other policies posted on this Site shall constitute the entire agreement and understanding between you and us regarding the subject matter thereof (the “Agreement”). You understand that the Agreement shall supersede all other, prior or contemporaneous communications between you and us, whether those communications are oral or written. A printed copy of these Terms shall be admissible, under the same conditions and to the same extent as other business documents and records, in a judicial or administrative proceeding that relates to the use of the Site. If any provision of the Agreement is found to be unenforceable, unlawful or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. You are responsible for periodically checking this Site for any changes to these Terms. ZoLa may amend, alter or change these Terms, in our sole discretion, at any time and for any reason, by posting on this Site a revised version of these Terms. If you continue to use this Site after changes to these Terms are posted then you consent to being governed by such changes. ZoLa’s failure to enforce or exercise any provision or right of these Terms shall not be deemed a waiver of such provision or right.
Any questions about the Terms of Use should be sent to us at info@wearzola.com