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
to and use of all ZizzyBee Sites. By
using the ZizzyBee Sites, you affirm that you are of legal age to enter into
updated: August 2019
- 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.
- 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).
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.
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
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
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.
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
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 email@example.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.
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
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 firstname.lastname@example.org 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.
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.
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
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING
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
will have authority to award temporary, interim, or permanent injunctive relief
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
federal, state, or local agencies and, if the law allows, they can seek relief
against us for you.
the laws of the United States (including federal arbitration law) and the State of Oregon,
without regard to conflicts of law principles.