Terms and conditions
These terms and conditions (“Agreement”) set forth the
general terms and conditions of your use of the www.gozoner.com website
(“Website” or “Service”) and any of its related products and services
(collectively, “Services”). This Agreement is legally binding between you
(“User”, “you” or “your”) and www.gozoner.com (“Gozoner LLC”, “we”, “us” or
“our”). If you are entering into this agreement on behalf of a business or
other legal entity, you represent that you have the authority to bind such
entity to this agreement, in which case the terms “User”, “you” or “your” shall
refer to such entity. If you do not have such authority, or if you do not agree
with the terms of this agreement, you must not accept this agreement and may
not access and use the Website and Services. By accessing and using the Website
and Services, you acknowledge that you have read, understood, and agree to be
bound by the terms of this Agreement. You acknowledge that this Agreement is a
contract between you and Gozoner LLC, even though it is electronic and is not
physically signed by you, and it governs your use of the Website and Services.
Accounts and membership
If you create an account on the Website, you are
responsible for maintaining the security of your account and you are fully responsible
for all activities that occur under the account and any other actions taken in
connection with it. We may, but have no obligation to, monitor and review new
accounts before you may sign in and start using the Services. Providing false
contact information of any kind may result in the termination of your account.
You must immediately notify us of any unauthorized uses of your account or any
other breaches of security. We will not be liable for any acts or omissions by
you, including any damages of any kind incurred as a result of such acts or
omissions. We may suspend, disable, or delete your account (or any part
thereof) if we determine that you have violated any provision of this Agreement
or that your conduct or content would tend to damage our reputation and
goodwill. If we delete your account for the foregoing reasons, you may not
re-register for our Services. We may block your email address and Internet
protocol address to prevent further registration.
User content
We do not own any data, information, or material
(collectively, “Content”) that you submit on the Website in the course of using
the Service. You shall have sole responsibility for the accuracy, quality,
integrity, legality, reliability, appropriateness, and intellectual property
ownership or right to use of all submitted Content. We may, but have no
obligation to, monitor and review the Content on the Website submitted or
created using our Services by you. You grant us permission to access, copy,
distribute, store, transmit, reformat, display, and perform the Content of your
user account solely as required for the purpose of providing the Services to
you. Without limiting any of those representations or warranties, we have the
right, though not the obligation, to, in our own sole discretion, refuse or
remove any Content that, in our reasonable opinion, violates any of our
policies or is in any way harmful or objectionable. You also grant us the
license to use, reproduce, adapt, modify, publish or distribute the Content
created by you or stored in your user account for commercial, marketing, or any
similar purpose.
Billing and payments
You shall pay all fees or charges to your account in
accordance with the fees, charges, and billing terms in effect at the time a
fee or charge is due and payable. Where Services are offered on a free trial
basis, payment may be required after the free trial period ends, and not when
you enter your billing details (which may be required prior to the commencement
of the free trial period). If auto-renewal is enabled for the Services you have
subscribed for, you will be charged automatically in accordance with the term
you selected. Sensitive and private data exchange happens over an SSL secured
communication channel and is encrypted and protected with digital signatures,
and the Website and Services are also in compliance with PCI vulnerability
standards in order to create as secure of an environment as possible for Users.
Scans for malware are performed on a regular basis for additional security and
protection. If in our judgment, your purchase constitutes a high-risk
transaction, we will require you to provide us with a copy of your valid
government-issued photo identification, and possibly a copy of a recent bank
statement for the credit or debit card used for the purchase. We reserve the
right to change products and product pricing at any time. We also reserve the
right 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, and/or orders that use the same billing and/or
shipping address. In the event that we make a change to or cancel an order, we
may attempt to notify you by contacting the e-mail and/or billing address/phone
number provided at the time the order was made.
Accuracy of information
Occasionally there may be information on the Website
that contains typographical errors, inaccuracies, or omissions that may relate
to promotions and offers. We reserve the right to correct any errors,
inaccuracies, or omissions, and to change or update information or cancel
orders if any information on the Website or Services is inaccurate at any time
without prior notice (including after you have submitted your order). 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 the Website or Services has been modified or
updated.
Third-party services
If you decide to enable, access, or use third-party
services, be advised that your access and use of such other services are
governed solely by the terms and conditions of such other services, and we do
not endorse, are not responsible or liable for, and make no representations as
to any aspect of such other services, including, without limitation, their
content or the manner in which they handle data (including your data) or any
interaction between you and the provider of such other services. You
irrevocably waive any claim against Gozoner LLC with respect to such other
services. Gozoner LLC is not liable for any damage or loss caused or alleged to
be caused by or in connection with your enablement, access, or use of any such
other services, or your reliance on the privacy practices, data security
processes, or other policies of such other services. You may be required to register
for or log into such other services on their respective platforms. By enabling
any other services, you are expressly permitting Gozoner LLC to disclose your
data as necessary to facilitate the use or enablement of such other service.
Backups
We are not responsible for the Content residing on the
Website. In no event shall we be held liable for any loss of any Content. It is
your sole responsibility to maintain appropriate backup of your Content.
Notwithstanding the foregoing, on some occasions and in certain circumstances,
with absolutely no obligation, we may be able to restore some or all of your
data that has been deleted as of a certain date and time when we may have
backed up data for our own purposes. We make no guarantee that the data you need
will be available.
Advertisements
During your use of the Website and Services, you may
enter into correspondence with or participate in promotions of advertisers or
sponsors showing their goods or services through the Website and Services. Any
such activity, and any terms, conditions, warranties, or representations
associated with such activity, is solely between you and the applicable third
party. We shall have no liability, obligation, or responsibility for any such
correspondence, purchase, or promotion between you and any such third party.
Links to other resources
Although the Website and Services may link to other
resources (such as websites, mobile applications, etc.), we are not, directly
or indirectly, implying any approval, association, sponsorship, endorsement, or
affiliation with any linked resource, unless specifically stated herein. Some
of the links on the Website may be “affiliate links”. This means if you click
on the link and purchase an item, Gozoner LLC will receive an affiliate commission.
We are not responsible for examining or evaluating, and we do not warrant the
offerings of, any businesses or individuals or the content of their resources.
We do not assume any responsibility or liability for the actions, products,
services, and content of any other third parties. You should carefully review
the legal statements and other conditions of use of any resource which you
access through a link on the Website. Your linking to any other off-site
resources is at your own risk.
Prohibited uses
In addition to other terms as set forth in the
Agreement, you are prohibited from using the Website and Services or Content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate
in any unlawful acts; (c) to violate any international, federal, provincial or
state regulations, rules, laws, or local ordinances; (d) to infringe upon or
violate our intellectual property rights or the intellectual property rights of
others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate,
or discriminate based on gender, sexual orientation, religion, ethnicity, race,
age, national origin, or disability; (f) to submit false or misleading
information; (g) to upload or transmit viruses or any other type of malicious
code that will or may be used in any way that will affect the functionality or
operation of the Website and Services, third party products and services, or
the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i)
for any obscene or immoral purpose; or (j) to interfere with or circumvent the
security features of the Website and Services, third party products and
services, or the Internet. We reserve the right to terminate your use of the
Website and Services for violating any of the prohibited uses.
Intellectual property rights
“Intellectual Property Rights” means all present and
future rights conferred by statute, common law or equity in or in relation to
any copyright and related rights, trademarks, designs, patents, inventions,
goodwill and the right to sue for passing off, rights to inventions, rights to
use, and all other intellectual property rights, in each case whether
registered or unregistered and including all applications and rights to apply
for and be granted, rights to claim priority from, such rights and all similar
or equivalent rights or forms of protection and any other results of
intellectual activity which subsist or will subsist now or in the future in any
part of the world. This Agreement does not transfer to you any intellectual property
owned by Gozoner LLC or third parties, and all rights, titles, and interests in
and to such property will remain (as between the parties) solely with Gozoner
LLC. All trademarks, service marks, graphics, and logos used in connection with
the Website and Services are trademarks or registered trademarks of Gozoner LLC
or its licensors. Other trademarks, service marks, graphics, and logos used in
connection with the Website and Services may be the trademarks of other third
parties. Your use of the Website and Services grants you no right or license to
reproduce or otherwise use any of Gozoner LLC or third-party trademarks.
Limitation of liability
To the fullest extent permitted by applicable law, in no
event will Gozoner LLC, its affiliates, directors, officers, employees, agents,
suppliers, or licensors be liable to any person for any indirect, incidental,
special, punitive, cover or consequential damages (including, without
limitation, damages for lost profits, revenue, sales, goodwill, use of the
content, impact on business, business interruption, loss of anticipated
savings, loss of business opportunity) however caused, under any theory of
liability, including, without limitation, contract, tort, warranty, breach of
statutory duty, negligence or otherwise, even if the liable party has been
advised as to the possibility of such damages or could have foreseen such
damages. To the maximum extent permitted by applicable law, the aggregate
liability of Gozoner LLC and its affiliates, officers, employees, agents,
suppliers, and licensors relating to the services will be limited to an amount
greater than one dollar or any amounts actually paid in cash by you to Gozoner
LLC for the prior one month period prior to the first event or occurrence
giving rise to such liability. The limitations and exclusions also apply if
this remedy does not fully compensate you for any losses or fails of its
essential purpose.
Indemnification
You agree to indemnify and hold Gozoner LLC and its
affiliates, directors, officers, employees, agents, suppliers, and licensors
harmless from and against any liabilities, losses, damages, or costs, including
reasonable attorneys’ fees, incurred in connection with or arising from any
third party allegations, claims, actions, disputes, or demands asserted against
any of them as a result of or relating to your Content, your use of the Website
and Services or any willful misconduct on your part.
Severability
All rights and restrictions contained in this Agreement
may be exercised and shall be applicable and binding only to the extent that
they do not violate any applicable laws and are intended to be limited to the
extent necessary so that they will not render this Agreement illegal, invalid
or unenforceable. If any provision or portion of any provision of this
Agreement shall be held to be illegal, invalid, or unenforceable by a court of
competent jurisdiction, it is the intention of the parties that the remaining
provisions or portions thereof shall constitute their agreement with respect to
the subject matter hereof, and all such remaining provisions or portions
thereof shall remain in full force and effect.
Dispute resolution
The formation, interpretation, and performance of this
Agreement and any disputes arising out of it shall be governed by the
substantive and procedural laws of California, and the United States without
regard to its rules on conflicts or choice of law and, to the extent
applicable, the laws of the United States. The exclusive jurisdiction and venue
for actions related to the subject matter hereof shall be the courts located in
California, and the United States, and you hereby submit to the personal jurisdiction
of such courts. You hereby waive any right to a jury trial in any proceeding
arising out of or related to this Agreement. The United Nations Convention on
Contracts for the International Sale of Goods does not apply to this Agreement.
Changes and amendments
We reserve the right to modify this Agreement or its
terms related to the Website and Services at any time at our discretion. When
we do, we will revise the updated date at the bottom of this page. We may also
provide notice to you in other ways at our discretion, such as through the
contact information you have provided.
An updated version of this Agreement will be effective
immediately upon the posting of the revised Agreement unless otherwise
specified. Your continued use of the Website and Services after the effective
date of the revised Agreement (or such other act specified at that time) will
constitute your consent to those changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and
agree to all its terms and conditions. By accessing and using the Website and
Services you agree to be bound by this Agreement. If you do not agree to abide
by the terms of this Agreement, you are not authorized to access or use the
Website and Services.
Contacting us
If you have any questions, concerns, or complaints
regarding this Agreement, we encourage you to contact us using the details
below:
admin@gozoner.com
304 S. Jones Blvd #8104
Las Vegas, NV 89107
USA
This document was last updated on September 28, 2023