Welcome to ZizzyBags.com. ZizzyBee, LLC., 25 NW 23rd Place, Suite 6
PMB229, Portland, Oregon 97210 (“ZizzyBee”) owns and operates this website (the
“Site”) and other websites and mobile applications (collectively the “ZizzyBee
Sites). The following Terms of Use govern your access
to and use of all ZizzyBee Sites. By
using the ZizzyBee Sites, you affirm that you are of legal age to enter into
these Terms of Use, or, if you are not, that you have obtained parental or
guardian consent to enter into these Terms of Use.
Last
updated: August 2019
1. DEFINITIONS
- ZizzyBee means ZizzyBee, LLC, and/or its affiliates.
- ZizzyBee Entities means ZizzyBee and its affiliates; its and their suppliers, vendors, contractors, and licensors; and its and their directors, officers, employees, and agents.
- ZizzyBee Sites means TakethePlasticPledge.com and ZizzyBags.com.
- You or Your means you, the user of the ZizzyBee Sites.
- Terms of Use means these Terms of Use and all other terms and policies posted by ZizzyBee on the ZizzyBee Sites (and any updates by ZizzyBee to these Terms of Use and those terms and policies).
- Content means merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials).
2. GENERAL. These Terms of Use represent the complete agreement and understanding between you and ZizzyBee and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and ZizzyBee. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use will remain in full force and effect. The failure of ZizzyBee to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit ZizzyBee’s rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction. Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.” Notices to you (including notices of changes to this these Terms of Use) may be made via posting to the ZizzyBee Sites or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
3. YOUR USE OF THE ZIZZYBEE SITES. You certify that the Content you provide on or through the ZizzyBee Sites is accurate and that the information you provide is complete. You are solely responsible for maintaining the confidentiality and security of your account including any username or password. ZizzyBee is not responsible for any losses arising out of the unauthorized use of your account. You agree that ZizzyBee does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the ZizzyBee Sites. You agree that ZizzyBee is not a party to any such agreement, nor is ZizzyBee responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may change, restrict access to, suspend, or discontinue the ZizzyBee Sites or any portion of the ZizzyBee Sites.
You agree that you will not make available
Content in connection with the ZizzyBee Sites that:
- is false, fraudulent, inaccurate, or misleading;
- contains your full name(s), or any other confidential
personally identifiable information of yourself or others;
- violates any local, state, federal, or international laws or
is otherwise tortious;
- is protected by or would infringe on the rights of others
(including ZizzyBee), including any patent, copyright, trademark, trade secret,
right of publicity or privacy, or any other proprietary right, without the
express prior written consent of the applicable owner;
- is obscene, indecent, pornographic, or otherwise
objectionable, derogatory, defamatory, threatening, harassing, abusive,
slanderous, hateful, or embarrassing to any other person or entity as
determined by ZizzyBee in its sole discretion;
- victimizes, harasses, degrades, or intimidates an individual
or group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age or disability;
- is violent or threatening, or promotes violence against, or
actions that are threatening to, any individual or group;
- contains advertisements, solicitations, or spam links to
other web sites or individuals, without prior written permission from ZizzyBee;
- contains or relates to chain letters or pyramid schemes;
- impersonates another business, person, or entity, including
ZizzyBee, its related entities, employees, and agents;
- violates any policy posted on the ZizzyBee Sites; or
- is intended to cause harm, damage, disable, or otherwise
interfere with the ZizzyBee Sites or our partners.
4. PRIVACY. Please
review our Privacy
Policy which also governs your use of ZizzyBee Sites,
to understand our practices.
5.
ELECTRONIC COMMUNICATIONS.
When you use ZizzyBee Sites, or send e-mails,
text messages, and other communications from your desktop or mobile device to
us, you may be communicating with us electronically. You consent to receive
communications from us electronically, such as e-mails, texts, mobile push
notices, or notices and messages on this site, and you can retain copies of
these communications for your records. You agree that all agreements, notices,
disclosures, and other communications that we provide to you electronically
satisfy any legal requirement that such communications be in writing.
6. LIMITED LICENSE. Subject to your compliance with these Terms of
Use, ZizzyBee or its content providers grant you a limited, non-exclusive,
non-transferable, non-sublicensable license to access and make personal and
non-commercial use of the ZizzyBee Sites. This license does not include any
resale or commercial use of any ZizzyBee Sites, or its contents; any collection
and use of any product listings, descriptions, or prices; any derivative use of
any ZizzyBee Sites or their contents; any downloading, copying, or other use of
account information for the benefit of any third party; or any use of data
mining, robots, or similar data gathering and extraction tools. All rights not
expressly granted to you in these Terms of Use are reserved and retained by ZizzyBee
or its licensors, suppliers, publishers, rightsholders, or other content providers.
No ZizzyBee Sites, nor any part of any ZizzyBee Sites, may be reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited for any
commercial purpose without express written consent of ZizzyBee. You may not
frame or utilize framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, or form) of ZizzyBee
without express written consent. You may not use any meta tags or any other
“hidden text” utilizing ZizzyBee’s name or trademarks without the
express written consent of ZizzyBee. You may not misuse the ZizzyBee Sites. You
may use the ZizzyBee Sites only as permitted by law. The licenses granted by ZizzyBee
terminate if you do not comply with these Terms of Use.
7. USER COMMENTS. ZizzyBee welcomes your comments about the ZizzyBee Sites and Content. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively “Comments”) sent Comments to the ZizzyBee Sites shall be and remain the exclusive property of ZizzyBee. Your submission of any such Comments shall constitute an assignment to ZizzyBee of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. ZizzyBee will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any original creative materials such as stories, product ideas, computer code or original artwork or Prohibited Content.
8. INTELLECTUAL PROPERTY. The ZizzyBee Sites and all Content, copyrights, trademarks, trade dress, and other intellectual property rights there (collectively, the “IP”) are owned or controlled by or licensed to ZizzyBee, and are protected by U.S. and international trademark, copyright, and other intellectual property laws. Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by ZizzyBee to use the ZizzyBee Sites, you may access, view, download, and print the Content for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all Content; (2) do not modify or alter the Content or IP in any way; and (3) do not provide or make available the Content or IP to any third party in a commercial manner.
No license, right, title, or interest in the ZizzyBee Sites
or any Content or IP is transferred to you as a result of your use of the ZizzyBee
Sites or your accessing, viewing, downloading, or printing of the
Materials. You may not reproduce (except
as noted above), publish, transmit, distribute, display, modify, create
derivative works from, sell, or participate in any sale of or exploit in any
way, in whole or in part, any of the part of the ZizzyBee Sites. The ZizzyBee Sites and Content may be used
only as a personal shopping resource.
Any other use, including the reproduction, modification, distribution,
transmission, republication, display, or performance, of the ZizzyBee Sites and
the Content is strictly prohibited. The
compilation (meaning the collection, arrangement, and assembly) of the ZizzyBee
Sites and Materials is the exclusive property of ZizzyBee and is also protected
by U.S. and international copyright laws.
ZizzyBee and Take the Plastic Pledge names and logos, and all
other graphics, logos, page headers, button icons, scripts, and service names
included in or made available through any of the ZizzyBee Sites are trademarks
or trade dress of ZizzyBee in the U.S. and other countries. All other marks are the property of their
respective companies.
9. MAKING A CLAIM OF COPYRIGHT INFRINGEMENT. ZizzyBee respects the intellectual property of others. If you believe that your work has been copied and is accessible on the ZizzyBee Sites in a way that constitutes copyright infringement, please send a takedown notice to info@zizzybeebags.com with the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed upon;
Identification in sufficient detail of the material being infringed upon;
Identification of the material that is claimed to be infringing upon the intellectual property. Include information regarding the location of the infringing material with sufficient detail so that ZizzyBee is capable of finding and verifying its existence;
Contact information about the notifier including the name of the intellectual property owner, the name and title of the person contacting the web host on the owner’s behalf, the address, telephone number and, if available, e-mail address;
A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property or copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.
10. MERCHANDISE. The Sites may make available various products, including ZizzyBee bags, for sale (collectively, “Products”). Such Products may be made available by us or by third parties. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including their products and the content of their websites). We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites). Such information and the availability of any Product are subject to change at any time without notice.
We have made efforts to accurately display the
attributes of Products, including the applicable colors. However, as the actual colors you see will
depend on your monitor, we cannot guarantee that your monitor’s display of any
color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar
descriptions are approximate and are for convenience only.
We may sell Products for children’s use;
however, these Products are intended for sale to adults.
ZizzyBee has no liability to you for content on
the ZizzyBee Sites that you find to be offensive, indecent, or objectionable.
ZizzyBee is not responsible for, and cannot
guarantee the performance of, goods and services provided by third parties,
including any ZizzyBee Entity, our advertisers, or other third parties to whose
sites we link. While our goal is to
provide accurate information, product packaging and material may contain more
and/or different information than that provided on ZizzyBee Sites, including
the product description, country of origin, nutrition, ingredient, allergen,
and other information. Always read
labels, warnings, directions, and other information provided with the product
before using or consuming the product.
For additional information about a product, please contact the
manufacturer. If you find a product is
not as described, your sole remedy is to return it in unused condition
(excluding products that are not eligible for return), in accordance with ZizzyBee’s
return policy. It is your responsibility
to ascertain and obey all applicable local, state, federal, and foreign laws
(including minimum age requirements) regarding the purchase, possession, and
use of any Product.
11. PLACING AN ORDER. We accept Mastercard, Visa, American Express, Discover or PayPal for online ordering. You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order. Prior to accepting an order, we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. ZizzyBee may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
By confirming your purchase at the end of the
checkout process, you agree to accept and pay for the Products, as well as all
shipping and handling charges and applicable taxes. You will not be
charged for most orders until the order has shipped. Some exceptions
(when you will be charged at the time your order is placed) are: (i) orders or
preorders paid for with a Gift Card, eGift Card, or PayPal account.
ZizzyBee reserves the right, including without
prior notice, to limit the quantity of items purchased per person, per
household, or per order for any reason. We will attempt to notify you
should such limits be applied. ZizzyBee also reserves the right, at
our sole discretion, to prohibit sales to dealers or resellers. For
purposes of these Terms of Use, “reselling” will be defined as purchasing or
intending to purchase any Product(s) from ZizzyBee for the purpose of engaging
in a commercial sale of the same Product(s) to a third party.
12. PRICING INFORMATION; AVAILABILITY. ZizzyBee cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the ZizzyBee Sites or through Marketplace Retailers. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. ZizzyBee reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from ZizzyBee. ZizzyBee may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the ZizzyBee Sites or from prices available in ZizzyBee stores or on ZizzyBee Apps.
13. SHIPPING. ZizzyBee ships via United States Postal Service First Class Mail. We will strive to ship your order within 1 business day following your order placement. You will be notified via email when your order has shipped. Delivery to most locations within the contiguous United States takes 3 to 5 business days. ZizzyBee is not responsible for any delays or damage on behalf of USPS.
14. RETURN POLICY. ZizzyBee will gladly issue a refund on any Products. Merchandise must be returned unused, unwashed and with the original tags and packaging intact. Please contact us at info@zizzybeebags.com within 15 days of receipt of your order to obtain a return authorization number. ZizzyBee is not responsible for return shipping charges (all shipping charges are the customer’s responsibility). Upon receipt of your returned item, we will issue a refund for the Product purchase price (excluding shipping) in the same form of payment used for the purchase.
15. THIRD PARTY SITES. References on ZizzyBee Sites to any names, marks, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services. ZizzyBee is not responsible for the content of any third-party linked site or any link contained in a linked site, including any third-party social media or mobile app platform with which the ZizzyBee Sites operate or otherwise interact, nor is ZizzyBee responsible for the acts or omissions of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk and will be governed by such third party’s terms and policies (including its privacy policy).
16. PROMOTIONS. Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the ZizzyBee Sites may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will govern.
17. DISCLAIMER OF WARRANTIES. THE ZIZZYBEE SITES, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ZIZZYBEE SITES, ARE PROVIDED BY ZIZZYBEE ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO ZIZZYBEE ENTITY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ZIZZYBEE SITES OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ZIZZYBEE SITES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE ZIZZYBEE ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE ZIZZYBEE ENTITIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE ZIZZYBEE SITES. YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE ZIZZYBEE SITES IS AT YOUR SOLE RISK. THIS SECTION 17 DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM THAT IS SOLD BY ZIZZYBEE TO YOU THROUGH THE ZIZZYBEE SITES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE ZIZZYBEE SITES AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE ZIZZYBEE SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ZIZZYBEE ENTITY IS RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE ZIZZYBEE SITES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
18. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, ZIZZYBEE WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE ZIZZYBEE SITES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF A ZIZZYBEE ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO ZIZZYBEE ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE ZIZZYBEE SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO ZIZZYBEE ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE RETAILER), SHOPPER, OR OTHER USER OF THE ZIZZYBEE SITES.
19. INDEMNIFICATION. You agree to defend (at ZizzyBee’s option), indemnify, and hold the ZizzyBee Entities harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the ZizzyBee Sites or any breach by you of these Terms of Use. ZizzyBee reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with ZizzyBee if and as requested by ZizzyBee in the defense and settlement of such matter.
20. DISPUTES & ARBITRATION; APPLICABLE LAW. PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Using or accessing the ZizzyBee Sites constitutes your acceptance of
this Arbitration provision. Please read it carefully as it provides
that you and ZizzyBee will waive any right to file a lawsuit in court or
participate in a class action for matters within the terms of the Arbitration
provision.
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING
OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP
BETWEEN YOU AND ZIZZYBEE, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD,
MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL
AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A
JUDGE OR JURY, AND YOU AGREE THAT ZIZZYBEE AND YOU ARE EACH WAIVING THE RIGHT
TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY
ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND
CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO
PARTICIPATE IN A CLASS ACTION.
The arbitration will be administered by Judicial Arbitration Mediation
Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules
& Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by
this agreement to arbitrate. The JAMS Rules, including instructions
for bringing arbitration, are available on the JAMS website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards
are available at https://www.jamsadr.com/consumer-minimum-standards/.
The arbitrator will conduct hearings, if any, by teleconference or
videoconference, rather than by personal appearances, unless the arbitrator
determines upon request by you or by us that an in-person hearing is
appropriate. Any in-person appearances will be held at a location
which is reasonably convenient to both parties with due consideration of their
ability to travel and other pertinent circumstances. If the parties
are unable to agree on a location, such determination should be made by JAMS or
by the arbitrator. The arbitrator’s decision will follow the terms
of these Terms of Use and will be final and binding. The arbitrator
will have authority to award temporary, interim, or permanent injunctive relief
or relief providing for specific performance of these Terms of Use, but only to
the extent necessary to provide relief warranted by the individual claim before
the arbitrator. The award rendered by the arbitrator may be confirmed
and enforced in any court having jurisdiction
thereof. Notwithstanding any of the foregoing, nothing in these
Terms of Use will preclude you from bringing issues to the attention of
federal, state, or local agencies and, if the law allows, they can seek relief
against us for you.
These Terms of Use will be governed by and construed under
the laws of the United States (including federal arbitration law) and the State of Oregon,
without regard to conflicts of law principles.
21. TERMINATION. These Terms of Use are effective unless and until terminated by either you or ZizzyBee. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the ZizzyBee Sites. We also may terminate these Terms of Use at any time and may do so immediately without notice, and deny you access to the ZizzyBee Sites, if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or ZizzyBee, you must promptly destroy all materials and content downloaded or otherwise obtained from the ZizzyBee Sites, as well as all copies of such content, whether made under these Terms of Use or otherwise. The following sections will survive any termination of these Terms of Use: “General,” “Your Use of the ZizzyBee Sites,” “User Comments,” “Merchandise,” “Third Party Sites,” “Placing an Order,” “Shipping” “Intellectual Property” (excluding the rights granted to you in that Section), “Making a Claim of Copyright Infringement,” “Privacy,” “Indemnification,” “Termination,” “Disclaimer of Warranties,” “Limitation of Liability,” and “Disputes & Arbitration; Applicable Law.”
