Terms of Service

Last Modified: April 28, 2019

1. Acceptance of the Terms.

These Terms of Use (these “Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or the “User”) and zanhogan, Inc. (“we,” “us,” “our” or the “Company”), concerning your access to and use of the website https://www.zanhogan.com/ and other online products or services offered through the website (collectively, the “Site”).

Please read these Terms carefully before you start to use the Site. By using the Site, you accept and agree to these Terms, including the mandatory arbitration and class action waiver in Section 19. If you do not agree to these Terms, do not access or use the Site.

If you have any questions about these Terms or the Site, please contact us at [email protected].

2. Changes to the Terms.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through the Site, or updating the date at the top of these Terms.  Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of the Site after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using the Site.

3. Your Privacy.

For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

4. Eligibility.

You must be at least 18 years of age (or the age of legal majority where you live) to use the Site. If you use the Site on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

5. Limits on Purchases

We do not permit the purchase of our products on our Site for resale purposes. In order to enforce this policy, we may, in our sole discretion, limit or cancel the quantities purchased per person, per household or per order on the Site. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers, or distributors. We also reserve the right to cease doing business with any users we suspect are violating this policy. We may modify this policy at any time.

6. Accessing the Site and Account Security.

To access the Site, or some of the resources it offers, you may be asked to register for an account on the Site or provide other information. You must provide accurate account information and promptly update this information if it changes. If you register for an account, you also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission.  If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account.

7. Prohibited Conduct.

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using the Site. You will not:

• Use or attempt to use another user’s account without authorization from that user and Company;
• Copy, reproduce, distribute, publicly perform or publicly display all or portions of the Site, except as expressly permitted by us or our licensors;
• Modify the Site, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon the Site;
• Use any illustrations, photographs, video or audio sequences or any graphics from the Site separately from the accompanying text;
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site;
• Decompile, reverse engineer, reverse assemble, decipher any aspect of the Site or otherwise attempt to discover any programming code or any source code or bypass or circumvent measures employed to prevent or limit access to any part of the Site;
• Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
• Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
• Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack;
• Otherwise attempt to interfere with the proper working of the Site;
• Use the Site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms; or
• Violate our Acceptable Use Policy in Section 8.

Enforcement of this Section is solely at Company’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.  In addition, this Section does not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules.

8. Acceptable Use Policy.

By using the Site you agree to our acceptable use policy (“Acceptable Use Policy”) outlined below. Violation of this Acceptable Use Policy or any portion of these Terms may result in deleted content, disabled accounts or other restrictions. You agree and represent that while accessing or using the Site:

• You will not post any information that is false, inaccurate, or misleading;
• You will not engage in conduct that would constitute a criminal offense, giving rise to civil liability, or otherwise violate any city, state, national or international law or regulation;
• You will not communicate, transmit, or post material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
• You will not communicate, transmit, or post material that infringes on any other intellectual property, privacy or publicity right of another;
• You will not ridicule, mock, disparage, intimidate, bully or abuse anyone;
• You will not threaten to harm a person, group of people, or property. You will also not post any content containing gratuitous violence; or
• You will not post content that demeans, defames, or promotes discrimination on the basis of race, ethnicity, national origin, religion, sexual orientation, gender, disability, or veteran status.

Any use of the Site in violation of the foregoing Acceptable Use Policy violates these Terms and may result in, among other things, termination or suspension of your rights to use the Site.

9. Intellectual Property Rights.

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), is owned by the Company, its licensors or other providers of such material, and is protected under both United States and international laws.

Subject to your compliance with these Terms, you are hereby granted a limited, revocable, non-transferable, non-sublicensable and non-exclusive license to access and use the Site for your personal, non-commercial use only. Any use of the Site other than as specifically authorized herein, without our prior written permission, is strictly prohibited, and will terminate the license grant herein and violate Company’s intellectual property rights.

10. Trademarks.

The Company name, trade name and/service mark, our logos and all related names, our product and service names, our designs, our slogans and the look and feel of the Site are trademarks of Company or its affiliates or licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

11. Feedback.

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Company or the Site (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in Company’s sole discretion. You understand that Company may treat Feedback as nonconfidential.

12. Copyright Infringement Notices.

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on the Site infringes any copyright that you own or control, you may notify Company’s designated agent as follows:

Designated Agent: Legal

Address: 238 S Market St, Inglewood, CA 90301 USA

PHONE: +1 (310) 672-1615

Contact Via Email: [email protected]

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid and we will have no obligation to respond or acknowledge receipt of your notice. Please note that you may be liable for for certain damages or costs if you knowingly misrepresent that any activity or material on the Site infringes your copyrights.

13. Third Party Content.

We may provide information about third-party products, services, activities or events, or allow third parties to make their content and information available on or through the Site, including through links contained in advertisements, banner advertisements and sponsored links (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Company does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content. Your access to and use of such Third-Party Content is at your own risk.

14. Indemnification.

To the fullest extent permitted by applicable law, you will defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and each of its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (individually and collectively, the “Company Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (“Claims”) arising out of or relating to (a) your access to or use of the Site, (b) your Feedback, (c) your violation of these Terms, (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights), and (e) your conduct in connection with the Site. You agree to promptly notify Company Parties of any third-party Claims, cooperate with Company Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Company Parties will have control of the defense or settlement, at Company’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Company or the other Company Parties.

15. Disclaimer of Warranties.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. EXCEPT AS OTHERWISE PROVIDED IN A WRITING BY US, THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE.

16. Limitation on Liability.

IN NO EVENT WILL THE COMPANY OR ANY OF THE COMPANY PARTIES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17. Transfer and Processing Data.

In order for us to provide the Site, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

18. Governing Law and Jurisdiction.

All matters relating to the Site and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

19. Dispute Resolution and Binding Arbitration.

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Company and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.

No Representative Actions. You and Company agree that any dispute arising out of or related to these Terms or the Site is personal to you and Company and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

If you have any issue or dispute with the Company, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. If we are not been able to resolve the dispute with you informally, both parties agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.

Unless both parties agree otherwise, the arbitration will be conducted in Delaware. Each party will be responsible for paying their respective AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 19 by emailing Company at [email protected].  In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with the dispute resolution process in this Section.

If any portion of this Section 19 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 19 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 19; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 19 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 19 will be enforceable.

20. Limitation on Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

21. Modifying and Terminate the Site.

We reserve the right to modify the Site or to suspend or stop providing all or portions of the Site at any time. You also have the right to stop using the Site at any time. We are not responsible for any loss or harm related to your inability to access or use the Site.

22. Waiver and Severability.

No waiver of by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

23. Miscellaneous.

The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 238 S Market St, Inglewood, CA 90301 USA, or by telephone at 1 (310) 672-1615.

Your Comments and Concerns

All feedback, comments, requests for technical support and other communications relating to the Site should be directed to [email protected].