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DISCLAIMER OF WARRANTIES

Please read this Disclaimer carefully before using the ZARZAND Site.

YOUR USE OF THE ZARZAND SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE ZARZAND SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ZARZAND AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

ZARZAND AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE ZARZAND SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE ZARZAND SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ZARZAND SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ZARZAND SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ZARZAND SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

ZARZAND DISCLAIMS ANY AND ALL RESPONSIBILITY FOR CONTENT CONTAINED IN ANY THIRD PARTY MATERIALS PROVIDED THROUGH LINKS FROM THE ZARZAND SITE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZARZAND OR THROUGH THE ZARZAND SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE ZARZAND SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE ZARZAND SERVICE. IMMEDIATELY DISCONTINUE USE OF THE ZARZAND SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE YAHOO! SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

THE CONTENTS OF THE ZARZAND SITE, SUCH AS TEXT, GRAPHICS, IMAGES, TIPS, RECOMMENDATIONS, ADVICE AND OTHER MATERIALS ARE FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER FOR ANY HEALTH PROBLEM OR MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL HEALTHCARE ADVICE OR DELAY SEEKING HELP BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL ZARZAND OR THEIR OFFICERS, EMPLOYEES, AGENTS PARTNERS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF, OR INABILITY TO USE, THE ZARZAND SITE OR ANY OTHER MATTER RELATING TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF ZARZAND, AND THEIR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF ZARZAND, THEIR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO ZARZAND FOR THE SERVICE(S).

INDEMNIFICATION

YOU AGREE TO PROTECT AND FULLY COMPENSATE ZARZAND FROM ANY AND ALL THIRD-PARTY CLAIMS, LIABILITY, DAMAGES, EXPENSES AND COSTS (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES) ARISING FROM YOUR USE OF THE SERVICES, OR VIOLATION OF THE USER AGREEMENT BY YOU OR ANY OTHER USER ON YOUR ACCOUNT (WHETHER OR NOT AUTHORIZED).

PAYMENT SERVICES

Certain Services provided by ZARZAND, including ordering products from the Site, require registration and payment (such Services are referred to as the “Payment Services”). The terms and conditions contained in this section (the “Payment Services Terms”) of the User Agreement apply to each user of the Payment Services. THE PAYMENT SERVICES TERMS ARE IN ADDITION TO THE TERMS AND CONDITIONS SET FORTH IN THIS USER AGREEMENT AND IS APPLICABLE TO ANY AND ALL USERS OF THE SITE THAT PURCHASE A PRODUCT FROM OR THROUGH THE ZARZAND SITE. BY PURCHASING A PRODUCT THROUGH THE ZARZAND SITE, YOU AGREE AND CONSENT TO BE BOUND BY THE USER AGREEMENT, INCLUDING THE PAYMENT SERVICES TERMS SET FORTH BELOW.

  1. Payment Obligation and Credit Card Authorization. You are responsible for paying any and all charges relating to your Payment Services account, including without limitation, all shipping fees and return fees, as applicable. You grant ZARZAND and any ZARZAND third-party payment system provider, to charge your credit card (or other approved facility) to pay for such charges. The fees for purchase will be charged immediately upon completion of the checkout process in the ZARZAND payment tool on the Site. All fees, charges and sales are final. Once charged to your credit card, the payments are nonrefundable, except in cases of demonstrated fraud, which will be determined at ZARZAND’s sole discretion. Payments must be made by a major credit card accepted by ZARZAND. If ZARZAND does not receive payment from the credit card issuer or its agent, ZARZAND may withhold shipping the item until payment is received by ZARZAND. YOU, AND NOT ZARZAND, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY EVEN IF THEY WERE NOT AUTHORIZED BY YOU.
  2. Product Specifications; Pricing; Typographical Errors. We do not warrant that product specifications, pricing or other product information on the Site is complete, accurate or error-free. In the event of any errors relating to the pricing or specifications of any product, ZARZAND shall have the right to refuse or cancel any orders in its discretion. If we have charged your credit card prior to cancellation, we will issue a credit to your account in the amount of the charge. You understand and agree that as a result of processing a refund, ZARZAND incurs certain administrative costs, and that the fees will be passed on to you at the time of any such refund.

GENERAL INFORMATION

Governing Law and Jurisdiction. This User Agreement shall be governed by and construed in accordance with the laws of the state of Oregon, without regards to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this User Agreement shall be an appropriate state or federal court located in the state of Oregon. Notice. ZARZAND may provide you with notices, including those regarding changes to the Terms of Service, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the ZARZAND Site, or other reasonable means now known or hereafter developed. Your agreement to this Terms of Service constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the ZARZAND Services in an authorized manner.

We invite you to send in your questions or comments about ZARZAND, or to bring to our attention any material you believe to be inaccurate. Please send such comments, including a copy of any material you wish to discuss, to ZARZAND Inc, PO Box 6028, Beaverton, Oregon 97007 or Email to info@zarzand.com.

No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

Entire Agreement. These Terms and Conditions of Use, together with the Privacy Policy, constitute the entire agreement between ZARZAND and you with respect to your use of the ZARZAND Site. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement and the remainder of this Agreement shall continue in full force and effect.

Statute of Limitations. Any cause of action you may have with respect to your use of the ZARZAND Site must be commenced within one (1) year after the claim or cause of action arises.