TERMS OF USE

TERMS OF USE                             

EFFECTIVE JANUARY 1, 2024

ZODIAC HAND CHAINS LLC (“ZODIACHANDCHAINS,”, “WE,” “US,” OR “OUR”) PROVIDES THE WEBSITE WWW.ZODIACHANDCHAINS.COM (THE "WEBSITE") TO AUTHORIZED USERS (“USERS,” “YOU,” OR “YOUR”). BY ACCESSING AND USING OUR WEBSITE YOU AGREE TO THE FOLLOWING TERMS OF USE. YOU MAY NOT ACCESS OR USE THE WEBSITE OR ACCEPT THE TERMS OF USE IF YOU ARE NOT AT LEAST 18 YEARS OLD. YOU CONSENT TO THE USE OF THIS WEBSITE BY YOUR MINOR DEPENDENTS AND WILL BE RESPONSIBLE FOR ANY PURCHASES MADE BY THEM.  IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, DO NOT ACCESS OR USE THIS WEBSITE. IF THESE TERMS OF USE CONSTITUTE AN OFFER IN ANY JURISDICTION, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS OF USE.

WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO CHANGE OR MODIFY THESE TERMS OF USE AT ANY TIME. IF WE DO THIS, WE WILL POST THE CHANGES ON THIS PAGE AND WILL INDICATE AT THE TOP OF THIS PAGE THE DATE THESE TERMS WERE LAST REVISED. IT IS YOUR RESPONSIBILITY REMAIN APPRISED OF OUR CURRENT TERMS OF USE. YOUR CONTINUED USE OF THE WEBSITE AFTER THE DATE ANY SUCH CHANGES BECOME EFFECTIVE CONSTITUTES YOUR ACCEPTANCE OF THE NEW TERMS OF USE.

THESE TERMS OF USE REQUIRE ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

ON-LINE STORE

OUR E-COMMERCE STORE IS HOSTED ON SHOPIFY INC. (“SHOPIFY”). SHOPIFY PROVIDES US WITH THE ONLINE E-COMMERCE PLATFORM THAT ALLOWS US TO SELL OUR PRODUCTS TO YOU.

WE RESERVE THE RIGHT TO REFUSE TO SELL OUR PRODUCTS TO ANYONE FOR ANY REASON AT ANY TIME. OUR PRODUCTS ARE AVAILABLE EXCLUSIVELY ONLINE THROUGH THE WEBSITE. THESE PRODUCTS MAY HAVE LIMITED QUANTITIES AND ARE SUBJECT TO EXCHANGE OR RETURN FOR STORE-CREDIT ONLY ACCORDING TO OUR EXCHANGE POLICY. FOR MORE DETAIL, PLEASE REVIEW OUR EXCHANGE POLICY.

WE RESERVE THE RIGHT TO LIMIT THE SALES OF OUR PRODUCTS TO ANY PERSON, OR IN ANY GEOGRAPHIC REGION OR JURISDICTION. WE MAY EXERCISE THIS RIGHT ON A CASE-BY-CASE BASIS. WE RESERVE THE RIGHT TO LIMIT THE QUANTITIES OF ANY PRODUCTS THAT WE OFFER. PRICES FOR OUR PRODUCTS ARE SUBJECT TO CHANGE WITHOUT NOTICE. ALL DESCRIPTIONS OF PRODUCTS OR PRODUCT PRICING ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE, IN OUR SOLE DISCRETION. WE RESERVE THE RIGHT TO DISCONTINUE ANY PRODUCT AT ANY TIME. ANY OFFER FOR ANY PRODUCT MADE ON THIS WEBSITE IS VOID WHERE PROHIBITED BY LAW.

WE HAVE ATTEMPTED TO DISPLAY AS ACCURATELY AS POSSIBLE THE COLORS AND IMAGES OF OUR PRODUCTS THAT APPEAR IN THE STORE. WE CANNOT GUARANTEE THAT YOUR COMPUTER MONITOR'S DISPLAY OF ANY COLOR WILL BE ACCURATE.

WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 

WE ARE NOT RESPONSIBLE IF INFORMATION MADE AVAILABLE ON THIS WEBSITE IS NOT ACCURATE, COMPLETE OR CURRENT. THE INFORMATION ON THIS WEBSITE IS PROVIDED FOR GENERAL INFORMATION ONLY AND SHOULD NOT BE RELIED ON OR USED AS THE SOLE BASIS FOR MAKING DECISIONS WITHOUT CONSULTING PRIMARY, MORE ACCURATE, MORE COMPLETE OR MORE TIMELY SOURCES OF INFORMATION.

OCCASIONALLY THERE MAY BE INFORMATION ON OUR WEBSITE THAT CONTAINS TYPOGRAPHICAL ERRORS, INACCURACIES OR OMISSIONS THAT MAY RELATE TO PRODUCT DESCRIPTIONS, PRICING, PROMOTIONS, OFFERS, PRODUCT SHIPPING CHARGES, TRANSIT TIMES AND AVAILABILITY. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS, AND TO CHANGE OR UPDATE INFORMATION OR CANCEL ORDERS IF ANY INFORMATION ON OUR WEBSITE IS INACCURATE AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER).

IN ADDITION, THIS WEBSITE MAY CONTAIN CERTAIN HISTORICAL INFORMATION. HISTORICAL INFORMATION, NECESSARILY, IS NOT CURRENT AND IS PROVIDED FOR YOUR REFERENCE ONLY. WE RESERVE THE RIGHT TO MODIFY THE CONTENTS OF THIS WEBSITE AT ANY TIME, BUT WE HAVE NO OBLIGATION TO UPDATE ANY INFORMATION ON OUR WEBSITE. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO MONITOR CHANGES TO OUR WEBSITE.

WE RESERVE THE RIGHT AT ANY TIME TO MODIFY OR DISCONTINUE OUR WEBSITE (OR ANY PART OR CONTENT THEREOF) WITHOUT NOTICE AT ANY TIME. WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD-PARTY FOR ANY MODIFICATION, PRICE CHANGE, SUSPENSION OR DISCONTINUANCE OF THE WEBSITE.

WE UNDERTAKE NO OBLIGATION TO UPDATE, AMEND OR CLARIFY INFORMATION ON THE WEBSITE INCLUDING WITHOUT LIMITATION, PRICING INFORMATION, EXCEPT AS REQUIRED BY LAW. NO SPECIFIED UPDATE OR REFRESH DATE APPLIED ON THE WEBSITE, SHOULD BE TAKEN TO INDICATE THAT ALL INFORMATION ON WEBSITE HAS BEEN MODIFIED OR UPDATED.

ANY RELIANCE ON THE INFORMATION ON THIS WEBSITE IS AT YOUR OWN RISK.

OPTIONAL TOOLS

TO ASSIST YOU IN USING OUR WEBSITE OR ENHANCE YOUR SHOPPING EXPERIENCE, WE MAY PROVIDE YOU WITH ACCESS TO THIRD-PARTY TOOLS OVER WHICH WE NEITHER MONITOR NOR HAVE ANY CONTROL NOR INPUT. YOU ACKNOWLEDGE AND AGREE THAT WE PROVIDE ACCESS TO SUCH TOOLS “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND AND WITHOUT ANY ENDORSEMENT. WE SHALL HAVE NO LIABILITY WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF OPTIONAL THIRD-PARTY TOOLS. ANY USE BY YOU OF OPTIONAL TOOLS OFFERED THROUGH THE WEBSITE IS ENTIRELY AT YOUR OWN RISK AND DISCRETION AND YOU SHOULD ENSURE THAT YOU ARE FAMILIAR WITH AND APPROVE OF THE TERMS ON WHICH TOOLS ARE PROVIDED BY THE RELEVANT THIRD-PARTY PROVIDERS. WE MAY ALSO, IN THE FUTURE, OFFER NEW SERVICES OR FEATURES THROUGH THE WEBSITE (INCLUDING, THE RELEASE OF NEW TOOLS AND RESOURCES). SUCH NEW FEATURES OR SERVICES SHALL ALSO BE SUBJECT TO THESE TERMS OF USE.

ACCURACY OF BILLING AND ACCOUNT INFORMATION 

WE RESERVE THE RIGHT FOR ANY REASON IN OUR SOLE DISCRETION TO REFUSE ANY ORDER YOU PLACE WITH US. WE MAY, IN OUR SOLE DISCRETION, LIMIT OR CANCEL QUANTITIES PURCHASED PER PERSON, PER HOUSEHOLD OR PER ORDER. THESE RESTRICTIONS MAY INCLUDE ORDERS PLACED BY OR UNDER THE SAME CUSTOMER ACCOUNT, THE SAME CREDIT CARD, OR ORDERS THAT USE THE SAME BILLING OR SHIPPING ADDRESS. IF WE MAKE A CHANGE TO OR CANCEL AN ORDER, WE MAY ATTEMPT TO, BUT ARE NOT REQUIRED TO, NOTIFY YOU BY CONTACTING THE E MAIL OR BILLING ADDRESS/PHONE NUMBER PROVIDED AT THE TIME THE ORDER WAS MADE. WE RESERVE THE RIGHT TO LIMIT OR PROHIBIT ORDERS THAT, IN OUR SOLE JUDGMENT, APPEAR TO BE PLACED BY DEALERS, RESELLERS OR DISTRIBUTORS.

YOU AGREE TO PROVIDE CURRENT, COMPLETE AND ACCURATE PURCHASE AND ACCOUNT INFORMATION FOR ALL PURCHASES MADE FROM OUR STORE. YOU AGREE TO PROMPTLY UPDATE YOUR ACCOUNT AND OTHER INFORMATION, INCLUDING YOUR EMAIL ADDRESS AND CREDIT CARD NUMBERS AND EXPIRATION DATES, SO THAT WE CAN COMPLETE YOUR TRANSACTIONS AND CONTACT YOU AS NEEDED.

INTELLECTUAL PROPERTY RIGHTS; USE RESTRICTIONS

THE WEBSITE, ITS FEATURES AND FUNCTIONALITY (INCLUDING ALL SOFTWARE, THE GRAPHIC USER INTERFACE AND THE DESIGN, SELECTION AND ARRANGEMENT THEREOF) AND THE CONTENT OF THIS WEBSITE ARE OWNED BY US OR BY OUR LICENSORS OR OTHER PROVIDERS, AND ARE PROTECTED BY UNITED STATES COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET AND OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS LAWS.

YOU MAY USE THE WEBSITE AND ANY AVAILABLE CONTENT SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL USE. YOU MAY NOT USE, DOWNLOAD, UPLOAD, COPY, PRINT, DISPLAY, PERFORM, REPRODUCE, PUBLISH, REPUBLISH MODIFY, DELETE, ADD TO, RENT, LEASE, LEND, SELL, LICENSE, POST, TRANSMIT OR DISTRIBUTE ANY OF OUR WEBSITE CONTENT FOR ANY PUBLIC OR COMMERCIAL PURPOSE, INCLUDING, WITHOUT LIMITATION, ON ANY INTERNET, INTRANET OR EXTRANET SITE OR INCORPORATE THE CONTENT IN ANY OTHER DATABASE OR COMPILATION, NOR MAY YOU COPY, DECOMPILE, REVERSE ENGINEER, DISASSEMBLE, ATTEMPT TO DERIVE THE SOURCE CODE OF, MODIFY, OR CREATE DERIVATIVE WORKS OF THE WEBSITE OR WEBSITE CONTENT, AND ANY OTHER USE OF THE WEBSITE CONTENT IS STRICTLY PROHIBITED. IN ACCESSING OR USING OUR WEBSITE, YOU WILL NOT ENGAGE IN OR USE ANY DATA MINING, ROBOTS, SCRAPING OR SIMILAR DATA GATHERING OR EXTRACTION METHODS. YOU MAY NOT ATTEMPT TO GAIN UNAUTHORIZED ACCESS TO THE WEBSITE THROUGH HACKING, PASSWORD MINING OR ANY OTHER MEANS. YOU MAY NOT CREATE FRAMES AROUND ANY OF OUR WEBSITE PAGES OR USE OTHER TECHNIQUES THAT ALTER IN ANY WAY THE VISUAL PRESENTATION OR APPEARANCE OF OUR WEBSITE. YOU MAY NOT USE THE WEBSITE IN ANY MANNER THAT COULD DAMAGE, DISABLE, OVERBURDEN OR IMPAIR THE WEBSITE OR INTERFERE WITH ANY OTHER PERSON’S USE OF THE WEBSITE.

IF YOU VIOLATE THESE USE RESTRICTIONS, YOUR PERMISSION TO ACCESS THE WEBSITE AND USE THE CONTENT AUTOMATICALLY TERMINATES AND YOU MAY BE BLOCKED FROM ACCESSING THE WEBSITE. IF YOU ARE BLOCKED BY ZODIAC HAND CHAINS FROM ACCESSING THE WEBSITE (INCLUDING BY BLOCKING YOUR IP ADDRESS), YOU AGREE NOT TO IMPLEMENT ANY MEASURES TO CIRCUMVENT SUCH BLOCKING (E.G., BY MASKING YOUR IP ADDRESS OR USING A PROXY IP ADDRESS). YOU MAY PRINT OR DOWNLOAD ONE COPY OF A REASONABLE NUMBER OF PAGES OF THE AVAILABLE CONTENT FOR YOUR PERSONAL, NON-COMMERCIAL USE IF YOU ALSO RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES CONTAINED ON THE CONTENT. OTHERWISE, YOU MAY NOT COPY, DISTRIBUTE, MODIFY, CREATE DERIVATIVE WORKS FROM, PUBLICLY DISPLAY OR PERFORM, REPUBLISH, DOWNLOAD, STORE OR TRANSMIT ANY OF THE CONTENT AVAILABLE ON THE WEBSITE, FOR COMMERCIAL OR PUBLIC PURPOSES, WITHOUT OUR PRIOR WRITTEN CONSENT.

ANY USE OF OUR WEBSITE OR CONTENT OTHER THAN AS SPECIFICALLY AUTHORIZED IN THESE TERMS OF USE IS STRICTLY PROHIBITED. UNAUTHORIZED USE MAY ALSO VIOLATE APPLICABLE LAWS INCLUDING WITHOUT LIMITATION COPYRIGHT AND TRADEMARK LAWS AND APPLICABLE COMMUNICATIONS REGULATIONS AND STATUTES. THESE TERMS OF USE SHALL NOT BE CONSTRUED AS CONFERRING ANY LICENSE TO INTELLECTUAL PROPERTY RIGHTS, WHETHER BY ESTOPPEL, IMPLICATION OR OTHERWISE.

TRADEMARK RIGHTS

OUR COMPANY NAME, “ZODIAC HAND CHAINS,” THE NAMES OF OUR PRODUCTS, THE ZODIAC HAND CHAINS® TRADEMARK, AND ALL OTHER TRADE NAMES, TRADEMARKS, SERVICE MARKS, PRODUCT AND SERVICE NAMES, SLOGANS, DESIGNS AND LOGOS (COLLECTIVELY, THE “MARKS”) DISPLAYED ON THIS WEBSITE ARE PROPRIETARY TO US OR OUR LICENSORS. NOTHING CONTAINED ON THIS WEBSITE IS TO BE CONSTRUED AS A GRANT, BY IMPLICATION, ESTOPPEL, OR OTHERWISE, OF ANY LICENSE OR RIGHT TO USE ANY OF THE MARKS WITHOUT OUR PRIOR WRITTEN PERMISSION. ALL OTHER TRADEMARKS, SERVICE MARKS, PRODUCT AND SERVICE NAMES, SLOGANS, DESIGNS AND LOGOS ON THIS WEBSITE ARE THE INTELLECTUAL PROPERTY OF THEIR RESPECTIVE OWNERS.

COPYRIGHT COMPLAINTS

IF YOU BELIEVE THAT THIS WEBSITE INFRINGES ON ANY COPYRIGHT WHICH YOU OWN OR CONTROL, YOU MAY SEND A WRITTEN NOTIFICATION OF SUCH INFRINGEMENT TO OUR DESIGNATED AGENT:

ZODIAC HAND CHAINS
LEGAL@ZODIACHANDCHAINS.COM

TO MEET THE NOTICE RESTRICTIONS UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT, THE NOTIFICATION MUST BE A WRITTEN COMMUNICATION THAT INCLUDES THE FOLLOWING:

1. A PHYSICAL OR ELECTRONIC SIGNATURE OF A PERSON AUTHORIZED TO ACT ON BEHALF OF THE OWNER OF AN EXCLUSIVE RIGHT THAT IS ALLEGEDLY INFRINGED;
2. IDENTIFICATION OF THE COPYRIGHTED WORK CLAIMED TO HAVE BEEN INFRINGED, OR, IF MULTIPLE COPYRIGHTED WORKS AT A SINGLE ONLINE SITE ARE COVERED BY A SINGLE NOTIFICATION, A REPRESENTATIVE LIST OF SUCH WORKS AT THAT SITE;
3. IDENTIFICATION OF THE MATERIAL THAT IS CLAIMED TO BE INFRINGING OR TO BE THE SUBJECT OF INFRINGING ACTIVITY AND THAT IS TO BE REMOVED OR ACCESS TO WHICH IS TO BE DISABLED, AND INFORMATION REASONABLY SUFFICIENT TO PERMIT US TO LOCATE THE MATERIAL;
4. INFORMATION REASONABLY SUFFICIENT TO PERMIT US TO CONTACT THE COMPLAINING PARTY, SUCH AS AN ADDRESS, TELEPHONE NUMBER AND, IF AVAILABLE, AN ELECTRONIC MAIL ADDRESS AT WHICH THE COMPLAINING PARTY MAY BE CONTACTED;
5. A STATEMENT THAT THE COMPLAINING PARTY HAS A GOOD-FAITH BELIEF THAT USE OF THE MATERIAL IN THE MANNER COMPLAINED OF IS NOT AUTHORIZED BY THE COPYRIGHT OWNER, ITS AGENT OR THE LAW; AND
6. A STATEMENT THAT THE INFORMATION IN THE NOTIFICATION IS ACCURATE, AND UNDER PENALTY OF PERJURY, THAT THE COMPLAINING PARTY IS AUTHORIZED TO ACT ON BEHALF OF THE OWNER OF AN EXCLUSIVE RIGHT THAT IS ALLEGEDLY INFRINGED.

LINKS TO THIS WEBSITE

YOU MAY LINK TO THE WWW. ZODIACHANDCHAINS.COM LANDING PAGE, BUT ONLY IF YOU DO SO IN A WAY THAT IS FAIR, LEGAL AND DOES NOT DAMAGE OUR REPUTATION OR TAKE ADVANTAGE OF IT. YOU MUST NOT FRAME ANY CONTENT OR ESTABLISH A LINK IN SUCH A WAY AS TO SUGGEST ANY FORM OF ASSOCIATION, APPROVAL OR ENDORSEMENT ON OUR PART WITHOUT OUR EXPRESS PRIOR WRITTEN CONSENT. YOU AGREE TO COOPERATE WITH US IN CAUSING ANY UNAUTHORIZED FRAMING OR LINKING IMMEDIATELY TO CEASE. WE RESERVE THE RIGHT TO WITHDRAW LINKING PERMISSION WITHOUT NOTICE.

LINKS TO OTHER WEBSITES

WE MAY ESTABLISH LINKS BETWEEN THIS WEBSITE AND THE WEBSITES, WEBPAGES OR OTHER RESOURCES PROVIDED BY THIRD PARTIES, AS WELL AS TO TEXT, GRAPHICS, VIDEOS, IMAGES, MUSIC, SOUNDS, AND INFORMATION BELONGING TO OR ORIGINATING FROM OTHER THIRD-PARTIES. THESE LINKS ARE PROVIDED SOLELY FOR YOUR CONVENIENCE AND DO NOT IMPLY OUR ENDORSEMENT OR APPROVAL OF SUCH THIRD-PARTY WEBSITES OR RESOURCES. WE ARE NOT RESPONSIBLE FOR THIRD PARTY WEBSITES OR CONTENT ACCESSED THROUGH THE WEBSITE. WE DO NOT INVESTIGATE, MONITOR, OR REVIEW ANY THIRD-PARTY WEBSITES OR CONTENT TO ENSURE THEIR ACCURACY, COMPLETENESS, OR APPROPRIATENESS. YOU AGREE THAT ZODIAC HAND CHAINS SHALL HAVE NO LIABILITY WITH RESPECT TO ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY DEALINGS BETWEEN YOU AND ANY THIRD PARTY, OR AS A RESULT OF THE PRESENCE OF SUCH THIRD PARTY ON THE WEBSITE. WE HAVE NO CONTROL OVER THE PRIVACY POLICIES OF, THE CONTENT OF, OR OTHER RESOURCES AVAILABLE AT SUCH WEBSITES OR SUCH WEBSITES AND ACCEPT NO RESPONSIBILITY FOR THEM OR FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM. YOUR ACCESS AND USE OF SUCH THIRD-PARTY WEBSITES IS GOVERNED BY THE TERMS OF USE AND PRIVACY POLICIES OF THOSE WEBSITES AND IS AT YOUR OWN RISK. WE ARE NOT LIABLE FOR ANY HARM OR DAMAGES RELATED TO THE PURCHASE OR USE OF GOODS, SERVICES, RESOURCES, CONTENT, OR ANY OTHER TRANSACTIONS MADE IN CONNECTION WITH ANY THIRD-PARTY WEBSITES. PLEASE REVIEW CAREFULLY THE THIRD-PARTY'S POLICIES AND PRACTICES AND MAKE SURE YOU UNDERSTAND THEM BEFORE YOU ENGAGE IN ANY TRANSACTION. COMPLAINTS, CLAIMS, CONCERNS, OR QUESTIONS REGARDING THIRD-PARTY PRODUCTS SHOULD BE DIRECTED TO THE THIRD-PARTY.

PROHIBITED USES

EXCEPT AS OTHERWISE STATED IN THESE TERMS OF USE OR AS EXPRESSLY AUTHORIZED BY US IN WRITING, YOU MAY NOT:

USE THIS WEBSITE OR ANY AVAILABLE CONTENT IN VIOLATION OF APPLICABLE LAW OR REGULATION;

USE THIS WEBSITE IN ANY MANNER THAT COULD DISABLE, DAMAGE OR OVERBURDEN THE WEBSITE, OUR SERVERS OR ANY OF THE NETWORKS CONNECTED TO OUR SERVERS, OR AS DETERMINED BY US, IN A WAY THAT MAY HARM ZODIAC HAND CHAINS OR EXPOSE ZODIAC HAND CHAINS TO LIABILITY;

USE THIS WEBSITE IN ANY MANNER THAT WOULD INTERFERE WITH ANOTHER PARTY'S USE OF THE WEBSITE INCLUDING TO HARASS, ABUSE, INSULT, HARM, DEFAME, SLANDER, DISPARAGE, INTIMIDATE, OR DISCRIMINATE BASED ON GENDER, SEXUAL ORIENTATION, RELIGION, ETHNICITY, RACE, AGE, NATIONAL ORIGIN, OR DISABILITY;

USE THIS WEBSITE TO SUBMIT FALSE OR MISLEADING INFORMATION TO US;

INCLUDE ANY OF THE MARKS OR ANY VARIATION OF THEM AS A META-TAG OR HIDDEN TEXTUAL ELEMENT;

USE ANY ROBOT, SPIDER OR OTHER AUTOMATIC DEVICE, OR ANY MANUAL PROCESS OR MEANS TO SEARCH, MONITOR OR COPY THIS WEBSITE OR THE INFORMATION AND OTHER CONTENT ON, GENERATED BY OR OBTAINED FROM THIS WEBSITE, WHETHER THROUGH LINKS OR OTHERWISE, INCLUDING THROUGH ANY DEVICE OR PROCESS TO COLLECT OR TRACK THE PERSONAL INFORMATION OF OTHERS;

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 WEBSITE, THE SERVER ON WHICH THE WEBSITE IS STORED, OR ANY SERVER, COMPUTER OR DATABASE CONNECTED TO THE WEBSITE OR TO OTHERWISE INTERFERE WITH OR CIRCUMVENT THE SECURITY FEATURES OF OUR WEBSITE OR THE INTERNET;

ATTACK THE WEBSITE VIA A DENIAL-OF-SERVICE ATTACK OR A DISTRIBUTED DENIAL-OF-SERVICE ATTACK;

OTHERWISE ATTEMPT TO INTERFERE WITH THE PROPER WORKING OF THE WEBSITE; OR

USE THIS WEBSITE AND ITS CONTENT IN ANY MANNER THAT COULD CREATE IMPRESSION OF AFFILIATION, SPONSORSHIP OR ENDORSEMENT BY ZODIAC HAND CHAINS.

WE RESERVE THE RIGHT TO TERMINATE YOUR USE OF OUR WEBSITE OR RIGHT TO PURCHASE OUR PRODUCTS FOR VIOLATING ANY OF THESE PROHIBITED USES.

USER SUBMISSIONS AND USER GENERATED CONTENT

THE PERSONAL INFORMATION YOU SUBMIT TO ZODIAC HAND CHAINS IS GOVERNED BY THE ZODIAC HAND CHAINS PRIVACY POLICY. TO THE EXTENT THERE IS AN INCONSISTENCY BETWEEN THE TERMS OF USE AND THE PRIVACY POLICY, THE PRIVACY POLICY SHALL GOVERN.

OUR WEBSITE PERMITS USERS TO POST COMMENTS, REVIEWS AND OTHER INFORMATION, AND ALSO TO UPLOAD PHOTOS AND VIDEOS OF THEM AND THEIR FAMILIES WEARING OUR PRODUCTS (“USER GENERATED CONTENT”).

EXCEPT AS PROVIDED IN THIS SECTION AND UNDER SUBMISSION OF IDEAS (BELOW), ZODIAC HAND CHAINS DOES NOT CLAIM OWNERSHIP OF ANY INFORMATION OR MATERIAL A USER PROVIDES TO ZODIAC HAND CHAINS THROUGH PHYSICAL TRANSMISSION, BY EMAIL OR POSTS, UPLOADS, INPUT, SUBMITS, OR TRANSMITS TO THE WEBSITE (“SUBMISSION”). HOWEVER, BY MAKING A SUBMISSION, YOU AGREE THAT SUCH SUBMISSION IS NON-CONFIDENTIAL, NON-PROPRIETARY, AND MAY BE DISSEMINATED OR USED BY ZODIAC HAND CHAINS FOR ANY LAWFUL PURPOSE WITHOUT PAYING ANY COMPENSATION FOR SUCH USE. IF YOU MAKE A SUBMISSION, YOU AUTOMATICALLY GRANT, OR WARRANT THAT THE OWNER OF SUCH USER GENERATED CONTENT HAS EXPRESSLY GRANTED, ZODIAC HAND CHAINS A ROYALTY-FREE, PERPETUAL, IRREVOCABLE, WORLDWIDE NONEXCLUSIVE LICENSE TO USE, REPRODUCE, CREATE DERIVATIVE WORKS FROM, MODIFY, PUBLISH, EDIT, TRANSLATE, DISTRIBUTE, PERFORM, AND DISPLAY THE SUBMISSION, WITH OR WITHOUT ATTRIBUTION, IN ANY MEDIA OR MEDIUM, OR ANY FORM, FORMAT, OR FORUM NOW KNOWN OR HEREAFTER DEVELOPED. NOTWITHSTANDING THE FOREGOING, ZODIAC HAND CHAINS IS NOT REQUIRED TO USE ANY SUBMISSION.

YOU UNDERSTAND THAT YOUR SUBMISSION (NOT INCLUDING CREDIT CARD INFORMATION), MAY BE TRANSFERRED UNENCRYPTED AND INVOLVE (A) TRANSMISSIONS OVER VARIOUS NETWORKS; AND (B) CHANGES TO CONFORM AND ADAPT TO TECHNICAL REQUIREMENTS OF CONNECTING NETWORKS OR DEVICES. CREDIT CARD INFORMATION IS ALWAYS ENCRYPTED DURING TRANSFER OVER NETWORKS.

BY MAKING A SUBMISSION, YOU REPRESENT AND WARRANT TO ZODIAC HAND CHAINS THAT YOU HAVE THE LEGAL RIGHT TO GRANT THE LICENSE DESCRIBED IN THE ABOVE PARAGRAPH FOR THE USER GENERATED CONTENT SUBMITTED AND THAT SUCH SUBMISSION DOES NOT VIOLATE ANY PERSON’S COPYRIGHTS, TRADEMARKS, INTELLECTUAL PROPERTY RIGHTS OR RIGHTS OF PUBLICITY. YOU FURTHER REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO GRANT THIS LICENSE FOR ALL PERSONS WHO APPEAR IN ANY PHOTO OR VIDEO YOU SUBMIT. YOU SHALL DEFEND, INDEMNIFY AND HOLD US HARMLESS FOR ANY BREACH OF THESE REPRESENTATIONS AND WARRANTIES.

YOU AGREE THAT YOU WILL NOT MAKE ANY SUBMISSION THAT IS, IN WHOLE OR IN PART, LIBELOUS; SCANDALOUS; INFLAMMATORY; DISCRIMINATORY; DEFAMATORY; FALSE; THREATENING; VULGAR; OBSCENE; PORNOGRAPHIC; PROFANE; ABUSIVE; HARASSING; INVASIVE OF ANOTHER'S PRIVACY; HATEFUL OR BASHING; AIMED AT GENDER, RACE, COLOR, SEXUAL ORIENTATION, NATIONAL ORIGIN, RELIGIOUS VIEWS, OR DISABILITY; IN VIOLATION OF LOCAL, STATE, NATIONAL, OR INTERNATIONAL LAW; OR THAT INFRINGES ON, OR VIOLATES, ANY RIGHT OF ANY PARTY. ADDITIONALLY, YOU AGREE THAT YOU WILL NOT: (A) MAKE ANY SUBMISSION THAT IS AN ADVERTISEMENT OR SOLICITATION OF BUSINESS OR FOR ANY OTHER COMMERCIAL PURPOSE; (B) DISRUPT THE NORMAL FLOW OF DIALOGUE OR MAKE A SUBMISSION UNRELATED TO THE TOPIC BEING DISCUSSED (UNLESS IT IS CLEAR THE DISCUSSION IS FREE-FORM); (C) POST A CHAIN LETTER OR PYRAMID SCHEME; (D) USE A FALSE EMAIL ADDRESS, IMPERSONATE ANOTHER PERSON, OR OTHERWISE ACT TO MISLEAD US OR THIRD PARTIES AS TO THE SOURCE OF THE SUBMISSION; (D) DISTRIBUTE VIRUSES OR OTHER HARMFUL COMPUTER CODE; (E) HARVEST OR OTHERWISE COLLECTS INFORMATION ABOUT OTHERS, INCLUDING EMAIL ADDRESSES, WITHOUT THEIR CONSENT; (F) POST THE SAME NOTE MORE THAN ONCE OR "SPAMMING"; OR (G) ENGAGE IN ANY OTHER CONDUCT THAT RESTRICTS OR INHIBITS ANY OTHER PERSON FROM USING OR ENJOYING THE WEBSITE, OR WHICH, IN THE JUDGMENT OF ZODIAC HAND CHAINS, EXPOSES ZODIAC HAND CHAINS OR ANY OF ITS LICENSORS, PARTNERS, OR CUSTOMERS TO ANY LIABILITY OR DETRIMENT OF ANY TYPE.

YOU ARE SOLELY RESPONSIBLE FOR YOUR SUBMISSION, THE CONSEQUENCES OF MAKING A SUBMISSION, AND YOUR RELIANCE ON ANY SUBMISSIONS. ZODIAC HAND CHAINS IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF ANY SUBMISSION. ZODIAC HAND CHAINS IS NOT RESPONSIBLE FOR SCREENING OR MONITORING SUBMISSIONS MADE TO THE WEBSITE BY USERS. SUBMISSIONS DO NOT REPRESENT THE VIEWS OR OPINIONS OF ZODIAC HAND CHAINS. WE DO NOT VERIFY THE ACCURACY, TRUTHFULNESS OR VALIDITY OF INFORMATION CONTAINED IN ANY SUBMISSION AND WE ARE NOT RESPONSIBLE FOR YOUR RELIANCE ON ANY INFORMATION CONTAINED IN A SUBMISSION, INCLUDING WITHOUT LIMITATION INFORMATION THAT IS FALSE, MISLEADING, INEFFECTIVE OR UNSAFE. IF NOTIFIED BY A USER OF A SUBMISSION ALLEGEDLY IN VIOLATION OF THESE TERMS OF USE, ZODIAC HAND CHAINS MAY INVESTIGATE THE ALLEGATION AND DETERMINE IN GOOD FAITH AND ITS SOLE DISCRETION WHETHER TO REMOVE SUCH SUBMISSION. ZODIAC HAND CHAINS WILL HAVE NO LIABILITY OR RESPONSIBILITY TO USERS FOR PERFORMANCE OR NONPERFORMANCE OF SUCH ACTIVITIES.

ZODIAC HAND CHAINS RESERVES THE RIGHT (BUT IS NOT OBLIGATED) TO: (A) RECORD THE DIALOGUE ON THE WEBSITE; (B) INVESTIGATE AN ALLEGATION THAT A SUBMISSION DOES NOT COMPLY WITH THESE TERMS OF USE AND DETERMINE IN ITS SOLE DISCRETION TO REMOVE OR REQUEST THE REMOVAL OF THE SUBMISSION; (C) REMOVE SUBMISSIONS WHICH ARE ABUSIVE, ILLEGAL, DISRUPTIVE, OR OUTDATED, OR THAT OTHERWISE FAIL TO COMPLY WITH THESE TERMS OF USE; (D) TERMINATE A USER'S ACCESS TO ANY OR ALL PARTS OF THE WEBSITE UPON ANY BREACH OF THESE TERMS OF USE OR THE LAW; (E) MONITOR, EDIT, OR DISCLOSE ANY SUBMISSION; (F) EDIT OR DELETE ANY SUBMISSION POSTED ON THE WEBSITE, REGARDLESS OF WHETHER SUCH SUBMISSION VIOLATES THESE TERMS OF USE.

PRODUCT REVIEWS

AS A CONDITION OF POSTING ANY PRODUCT RATING OR PRODUCT REVIEW ON OUR WEBSITE, YOU REPRESENT, AND WARRANT TO US THAT:

YOU ARE 18 YEARS OF AGE OR OLDER AND A RESIDENT OF THE UNITED STATES;

YOU HAVE NOT BEEN COMPENSATE OR OFFERED COMPENSATION BY ZODIAC HAND CHAINS OR ANYONE ACTING ON OUR BEHALF;

YOU ARE NOT A ZODIAC HAND CHAINS EMPLOYEE OR WORK FOR ANYONE THAT ZODIAC HAND CHAINS HAS ENGAGED TO MARKET AND SELL ZODIAC HAND CHAINS® PRODUCTS; AND

ALL INFORMATION THAT YOU SUBMIT IS ACCURATE, UP TO DATE, REFLECTS YOUR TRUE OPINION, AND IS BASED ON YOUR ACTUAL EXPERIENCE WITH THE PRODUCT BEING REVIEWED; AND

NO INFORMATION SUBMITTED BY YOU IS, TO YOUR KNOWLEDGE, FALSE, INACCURATE, OR MISLEADING.

IF YOU POST A PRODUCT RATING OR PRODUCT REVIEW ON OUR WEBSITE, YOU AGREE WITH US THAT WE MAY USE YOUR RATING OR REVIEW FOR ADVERTISING, MARKETING, PROMOTIONAL, SELLING OR OTHER PURPOSES AND YOU WILL NOT BE ENTITLED TO ANY COMPENSATION FOR SUCH USE.

UNSOLICITED IDEAS

ZODIAC HAND CHAINS'S POLICY IS TO NOT ACCEPT OR REVIEW UNSOLICITED IDEAS OR SUGGESTIONS FROM PERSONS OUTSIDE THE COMPANY, INCLUDING IDEAS FOR NEW PRODUCTS OR SERVICES. YOU SHOULD NOT TRANSMIT ANY MATERIAL TO THE WEBSITE THAT YOU CONSIDER TO BE CONFIDENTIAL OR PROPRIETARY. NOTWITHSTANDING SUCH POLICY, ANY MATERIAL, IMAGES, IDEAS, SUGGESTIONS, KNOW-HOW, OR CONCEPTS THAT ARE OFFERED OR COMMUNICATED TO ZODIAC HAND CHAINS THROUGH THE WEBSITE OR OTHERWISE SHALL BE THE PROPERTY OF ZODIAC HAND CHAINS, AND MAY BE TREATED BY ZODIAC HAND CHAINS AS NON-CONFIDENTIAL AND NON-PROPRIETARY.

EXCEPT AS EXPRESSLY PROVIDED IN OUR PRIVACY POLICY, YOU GIVE ZODIAC HAND CHAINS AN UNRESTRICTED, IRREVOCABLE, WORLDWIDE, ROYALTY-FREE LICENSE TO USE, REPRODUCE, DISPLAY, PUBLICLY PERFORM, TRANSMIT AND DISTRIBUTE ANY SUCH INFORMATION. YOU FURTHER AGREE THAT ZODIAC HAND CHAINS HAS THE RIGHT TO USE, WITHOUT ANY PAYMENT OR ACCOUNTING TO YOU OR OTHERS, ANY CONCEPTS, KNOW-HOW OR IDEAS THAT YOU (OR THOSE WHO ACT ON YOUR BEHALF) SUBMIT TO THE WEBSITE, INCLUDING FOR THE DEVELOPMENT, MANUFACTURING, MARKETING AND ADVERTISING OF ANY PRODUCTS OR SERVICES.

DISCLAIMER OF WARRANTIES

ALL CONTENT AVAILABLE ON THE WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE WEBSITE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ZODIAC HAND CHAINS MAY MAKE CHANGES OR IMPROVEMENTS TO OUR WEBSITE AT ANY TIME. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR WEBSITE WILL BE ACCURATE OR RELIABLE.

YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE OUR WEBSITE FROM SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL OUR WEBSITE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR WEBSITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NONE OF ZODIAC HAND CHAINS AND ANY PERSON ASSOCIATED WITH ZODIAC HAND CHAINS MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NONE OF ZODIAC HAND CHAINS AND ANY PERSON ASSOCIATED WITH ZODIAC HAND CHAINS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL BE COMPLETE, ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, THE CONTENT OR ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

ZODIAC HAND CHAINS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

ZODIAC HAND CHAINS AND ITS AFFILIATES, OWNERS, MEMBERS, MANAGERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS, SUCCESSORS AND ASSIGNS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY (INCLUDING TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE), ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA,) OR PUNITIVE DAMAGES, EVEN IF FORESEEABLE AND EVEN IF ZODIAC HAND CHAINS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

INDEMNIFICATION

IN CONSIDERATION OF YOUR ACCESS TO THIS WEBSITE AND USE OF ITS CONTENT, YOU SHALL DEFEND, INDEMNIFY AND HOLD US AND OUR OWNERS, MEMBERS, MANAGERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS, SUCCESSORS AND ASSIGNS HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, LIABILITY, COSTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES) INCURRED AS A RESULT OF OR ARISING FROM YOUR ACCESS OF OUR WEBSITE, USE OF ITS CONTENT (INCLUDING ANY UNAUTHORIZED OR OTHERWISE INAPPROPRIATE USE OF ANY OF THE CONTENT OF THIS WEBSITE), ANY PURCHASES OF OUR PRODUCTS, YOUR VIOLATION OF THESE TERMS OF USE AND ANY DECISIONS THAT YOU MAKE BASED ON ANY CONTENT AVAILABLE AT THIS WEBSITE.

RELEASE

YOU HEREBY RELEASE AND FOREVER DISCHARGE ZODIAC HAND CHAINS (AND ITS AFFILIATES, OWNERS, MEMBERS, MANAGERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS, SUCCESSORS AND ASSIGNS) FROM, AND HEREBY WAIVE AND RELINQUISH, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE (INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE), THAT HAS ARISEN OR ARISES DIRECTLY OR INDIRECTLY OUT OF, OR THAT RELATES DIRECTLY OR INDIRECTLY TO, THE WEBSITE (INCLUDING ANY INTERACTIONS WITH, OR ACT OR OMISSION OF, OTHER WEBSITE USERS OR ANY THIRD-PARTY LINKS) OR THE PURCHASE OF ANY PRODUCTS.  IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

GOVERNING LAW, EXCLUSIVE JURISDICTION AND VENUE

ALL MATTERS RELATING TO THIS WEBSITE, ITS CONTENT, THE PURCHASE OF OUR PRODUCTS, THESE TERMS OF USE AND ANY DISPUTE OR CLAIM ARISING FROM OR RELATED TO THEM ARE GOVERNED BY AND WILL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICT OF LAW PROVISIONS.  YOU AND ZODIAC HAND CHAINS AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS LOCATED WITHIN LOS ANGELES COUNTY, CALIFORNIA, AND YOU WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION OVER YOU BY SUCH COURTS AND TO VENUE IN SUCH COURTS.

ARBITRATION, WAIVER OF JURY TRIAL AND CLASS ACTION RIGHTS

PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY.  IT IS PART OF YOUR CONTRACT WITH ZODIAC HAND CHAINS AND AFFECTS YOUR RIGHTS.  IT CONTAINS PROCEDURES FOR MANDATORY, BINDING ARBITRATION AND A CLASS ACTION WAIVER.

(A)        APPLICABILITY OF ARBITRATION AGREEMENT.  ALL DISPUTES, CLAIMS, OR CONTROVERSIES (EXCLUDING CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF AS SET FORTH BELOW) (“CLAIMS”) ARISING OUT OF OR RELATING TO ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, INCLUDING BUT NOT LIMITED TO YOUR USE OF THE WEBSITE, ITS CONTENT, PURCHASE OF OUR PRODUCTS OR THESE TERMS OF USE, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY THAT CANNOT BE RESOLVED INFORMALLY OR IN SMALL CLAIMS COURT SHALL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS UNDER THE TERMS OF THIS ARBITRATION AGREEMENT.  UNLESS OTHERWISE AGREED TO, ALL ARBITRATION PROCEEDINGS SHALL BE HELD IN ENGLISH.  THIS ARBITRATION AGREEMENT APPLIES TO YOU AND ZODIAC HAND CHAINS, AND TO ANY AFFILIATES, OWNERS, MEMBERS, MANAGERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS, PREDECESSORS IN INTEREST, SUCCESSORS, AND ASSIGNS, AS WELL AS ALL AUTHORIZED OR UNAUTHORIZED USERS OF THIS WEBSITE.

(B)       NOTICE REQUIREMENT AND INFORMAL DISPUTE RESOLUTION.  BEFORE EITHER PARTY MAY SEEK ARBITRATION, THE PARTY MUST FIRST SEND TO THE OTHER PARTY A WRITTEN NOTICE OF DISPUTE (“NOTICE”) DESCRIBING THE NATURE AND BASIS OF THE CLAIM AND THE REQUESTED RELIEF.  A NOTICE TO ZODIAC HAND CHAINS SHOULD BE SENT TO: ZODIAC HAND CHAINS LLC, 14320 VENTURA BOULEVARD, SUITE 634, SHERMAN OAKS, CALIFORNIA 91423 ATTENTION: [INSERT NAME].  AFTER THE NOTICE IS RECEIVED, YOU AND ZODIAC HAND CHAINS MAY ATTEMPT TO RESOLVE THE CLAIM INFORMALLY.  IF YOU AND ZODIAC HAND CHAINS DO NOT RESOLVE THE CLAIM WITHIN THIRTY (30) DAYS AFTER THE NOTICE IS RECEIVED, EITHER PARTY MAY BEGIN AN ARBITRATION PROCEEDING.  THE AMOUNT OF ANY SETTLEMENT OFFER MADE BY ANY PARTY MAY NOT BE DISCLOSED TO THE ARBITRATOR UNTIL AFTER THE ARBITRATOR HAS DETERMINED THE AMOUNT OF THE AWARD, IF ANY, TO WHICH EITHER PARTY IS ENTITLED.

(C)        ARBITRATION RULES.  ARBITRATION SHALL BE INITIATED THROUGH THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), AN ESTABLISHED ALTERNATIVE DISPUTE RESOLUTION PROVIDER (“ADR PROVIDER”) THAT OFFERS ARBITRATION AS SET FORTH IN THIS SECTION.  IF AAA IS NOT AVAILABLE TO ARBITRATE, THE PARTIES SHALL AGREE TO SELECT AN ALTERNATIVE ADR PROVIDER.  THE RULES OF THE ADR PROVIDER SHALL GOVERN ALL ASPECTS OF THE ARBITRATION, INCLUDING BUT NOT LIMITED TO THE METHOD OF INITIATING OR DEMANDING ARBITRATION, EXCEPT TO THE EXTENT SUCH RULES ARE IN CONFLICT WITH THESE TERMS OF USE.  THE AAA COMMERCIAL ARBITRATION RULES AND MEDIATION PROCEDURES-EXPEDITED PROCEDURES (“ARBITRATION RULES”) GOVERNING THE ARBITRATION ARE AVAILABLE ONLINE AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1-800-778-7879.  THE ARBITRATION SHALL BE HELD IN LOS ANGELES, CALIFORNIA AND CONDUCTED BY A SINGLE, NEUTRAL ARBITRATOR.  ANY JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.  EACH PARTY SHALL BEAR ITS OWN COSTS (INCLUDING ATTORNEY’S FEES) AND DISBURSEMENTS ARISING OUT OF THE ARBITRATION AND SHALL PAY AN EQUAL SHARE OF THE FEES AND COSTS OF THE ADR PROVIDER.

(D)       TIME LIMITS.  IF YOU OR ZODIAC HAND CHAINS PURSUE ARBITRATION, THE ARBITRATION ACTION MUST BE INITIATED AND/OR DEMANDED WITHIN THE STATUTE OF LIMITATIONS (I.E., THE LEGAL DEADLINE FOR FILING A CLAIM) AND WITHIN ANY DEADLINE IMPOSED UNDER THE AAA RULES FOR THE PERTINENT CLAIM.

(E)        AUTHORITY OF ARBITRATOR.  IF ARBITRATION IS INITIATED, THE ARBITRATOR WILL DECIDE THE RIGHTS AND LIABILITIES, IF ANY, OF YOU AND ZODIAC HAND CHAINS, AND THE DISPUTE WILL NOT BE CONSOLIDATED WITH ANY OTHER MATTERS OR JOINED WITH ANY OTHER CASES OR PARTIES.  THE ARBITRATOR SHALL HAVE THE AUTHORITY TO GRANT MOTIONS DISPOSITIVE OF ALL OR PART OF ANY CLAIM.  THE ARBITRATOR SHALL HAVE THE AUTHORITY TO AWARD MONETARY DAMAGES, AND TO GRANT ANY NON-MONETARY REMEDY OR RELIEF AVAILABLE TO AN INDIVIDUAL UNDER APPLICABLE LAW, THE AAA RULES, AND THE TERMS OF USE.  THE ARBITRATOR WILL NOT HAVE THE POWER TO AWARD DAMAGES IN EXCESS OF THE LIMITATION ON ACTUAL COMPENSATORY, DIRECT DAMAGES SET FORTH IN THESE TERMS OF USE AND MAY NOT MULTIPLY ACTUAL DAMAGES OR AWARD PUNITIVE DAMAGES OR ANY OTHER DAMAGES THAT ARE SPECIFICALLY EXCLUDED UNDER THESE TERMS OF USE, AND EACH PARTY HEREBY IRREVOCABLY WAIVES ANY CLAIM TO SUCH DAMAGES. THE ARBITRATOR MAY, IN HIS OR HER DISCRETION, ASSESS COSTS AND EXPENSES (INCLUDING THE REASONABLE LEGAL FEES AND EXPENSES OF THE PREVAILING PARTY) AGAINST ANY PARTY TO A PROCEEDING. ANY PARTY REFUSING TO COMPLY WITH AN ORDER OF THE ARBITRATOR WILL BE LIABLE FOR COSTS AND EXPENSES, INCLUDING ATTORNEYS' FEES, INCURRED BY THE OTHER PARTY IN ENFORCING THE AWARD. THE ARBITRATOR SHALL ISSUE A WRITTEN AWARD AND STATEMENT OF DECISION DESCRIBING THE ESSENTIAL FINDINGS AND CONCLUSIONS ON WHICH THE AWARD IS BASED, INCLUDING THE CALCULATION OF ANY DAMAGES AWARDED.  THE ARBITRATOR HAS THE SAME AUTHORITY TO AWARD RELIEF ON AN INDIVIDUAL BASIS THAT A JUDGE IN A COURT OF LAW WOULD HAVE.  THE AWARD OF THE ARBITRATOR IS FINAL AND BINDING UPON YOU AND ZODIAC HAND CHAINS.

(F)        WAIVER OF JURY TRIAL.  THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, INSTEAD ELECTING THAT ALL CLAIMS SHALL BE RESOLVED BY ARBITRATION UNDER THIS ARBITRATION AGREEMENT.  ARBITRATION PROCEDURES ARE TYPICALLY MORE LIMITED, MORE EFFICIENT AND LESS COSTLY THAN RULES APPLICABLE IN A COURT AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.  IF ANY LITIGATION SHOULD ARISE BETWEEN YOU AND ZODIAC HAND CHAINS IN ANY STATE OR FEDERAL COURT IN A SUIT TO VACATE OR ENFORCE AN ARBITRATION AWARD OR OTHERWISE, UNLESS THEN PROHIBITED BY CALIFORNIA LAW, YOU AND ZODIAC HAND CHAINS WAIVE ALL RIGHTS TO A JURY TRIAL, INSTEAD ELECTING THAT THE DISPUTE BE RESOLVED BY A JUDGE.

(G)       WAIVER OF CLASS OR CONSOLIDATED ACTIONS.  ALL CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. 

(H)       CONFIDENTIALITY.  ALL ASPECTS OF THE ARBITRATION PROCEEDING, INCLUDING BUT NOT LIMITED TO THE AWARD OF THE ARBITRATOR AND COMPLIANCE THEREWITH, SHALL BE STRICTLY CONFIDENTIAL.  THE PARTIES AGREE TO MAINTAIN CONFIDENTIALITY UNLESS OTHERWISE REQUIRED BY LAW.  THIS PARAGRAPH SHALL NOT PREVENT A PARTY FROM SUBMITTING TO A COURT OF LAW ANY INFORMATION NECESSARY TO ENFORCE THIS AGREEMENT, TO ENFORCE AN ARBITRATION AWARD, OR TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.

(I)        SEVERABILITY.  IF ANY PART OR PARTS OF THIS ARBITRATION AGREEMENT ARE FOUND UNDER THE LAW TO BE INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THEN SUCH SPECIFIC PART OR PARTS SHALL BE OF NO FORCE AND EFFECT AND SHALL BE SEVERED AND THE REMAINDER OF THE AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT.

(J)        RIGHT TO WAIVE.  ANY OR ALL OF THE RIGHTS AND LIMITATIONS SET FORTH IN THIS ARBITRATION AGREEMENT MAY BE WAIVED BY THE PARTY AGAINST WHOM THE CLAIM IS ASSERTED.  SUCH WAIVER SHALL NOT WAIVE OR AFFECT ANY OTHER PORTION OF THIS ARBITRATION AGREEMENT.

(K)       SURVIVAL OF AGREEMENT.  THIS ARBITRATION AGREEMENT WILL SURVIVE THE TERMINATION OF YOUR RELATIONSHIP WITH ZODIAC HAND CHAINS OR THE TERMINATION OF THESE TERMS OF USE.

(L)        SMALL CLAIMS COURT.  NOTWITHSTANDING THE FOREGOING, EITHER YOU OR ZODIAC HAND CHAINS MAY BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT.

(M)      EMERGENCY EQUITABLE RELIEF.  NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY SEEK EMERGENCY EQUITABLE RELIEF BEFORE A STATE OR FEDERAL COURT IN ORDER TO MAINTAIN THE STATUS QUO PENDING ARBITRATION.  A REQUEST FOR INTERIM MEASURES SHALL NOT BE DEEMED A WAIVER OF ANY OTHER RIGHTS OR OBLIGATIONS UNDER THIS ARBITRATION AGREEMENT.

(N)       CLAIMS NOT SUBJECT TO ARBITRATION.  NOTWITHSTANDING THE FOREGOING, CLAIMS OF DEFAMATION OR LIBEL, VIOLATION OF THE COMPUTER FRAUD AND ABUSE ACT, AND INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S PATENT, COPYRIGHT, TRADEMARK OR TRADE SECRETS SHALL NOT BE SUBJECT TO THIS ARBITRATION AGREEMENT.

(O)       COURTS.  IN ANY CIRCUMSTANCES WHERE THE FOREGOING ARBITRATION AGREEMENT PERMITS THE PARTIES TO LITIGATE IN COURT, THE PARTIES HEREBY AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS LOCATED WITHIN LOS ANGELES COUNTY, CALIFORNIA, FOR SUCH PURPOSE AS PROVIDED ABOVE.

WAIVER

NO WAIVER BY ZODIAC HAND CHAINS OF ANY RIGHT UNDER OR TERM OR PROVISION OF THESE TERMS OF USE WILL BE DEEMED A WAIVER OF ANY OTHER RIGHT, TERM, OR PROVISION OF THESE TERMS OF USE AT THE TIME OF SUCH WAIVER OR A WAIVER OF THAT OR ANY OTHER RIGHT, TERM, OR PROVISION OF THESE TERMS OF USE AT ANY OTHER TIME. ANY FAILURE BY US TO ASSERT A RIGHT OR PROVISION UNDER THESE TERMS OF USE WILL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION.

SEVERABILITY

IF AN ARBITRATOR OR COURT OF COMPETENT JURISDICTION FINDS ANY PROVISION OF THESE TERMS OF USE TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, SUCH PROVISION WILL BE ELIMINATED OR WILL BE LIMITED TO THE MINIMUM EXTENT SUCH THAT THE REMAINING PROVISIONS OF THE TERMS OF USE WILL CONTINUE IN FULL FORCE AND EFFECT. ANY AMBIGUITIES IN THE INTERPRETATION OF THESE TERMS OF USE SHALL NOT BE CONSTRUED AGAINST US AS THE DRAFTING PARTY.

ENTIRE AGREEMENT

THESE TERMS OF USE CONSTITUTE THE SOLE AND ENTIRE AGREEMENT BETWEEN YOU AND US WITH RESPECT TO THE WEBSITE AND THE PURCHASE OF OUR PRODUCTS AND SUPERSEDE ALL PRIOR AND CONTEMPORANEOUS UNDERSTANDINGS, AGREEMENTS, REPRESENTATIONS AND WARRANTIES, BOTH WRITTEN AND ORAL, WITH RESPECT TO THE WEBSITE AND THE PURCHASE OF OUR PRODUCTS.