TERMS & CONDITIONS

• Introduction

• ​

This User Agreement and all policies and additional terms posted on and in our sites, applications, tools, and services (collectively “Services”) set out the terms on which Zaars offers you access to and use of our Services. You can find an overview of our policies here. All policies, and additional terms posted on and in our Services are incorporated into this User Agreement. You agree to comply with all terms of this User Agreement when accessing or using our Services.

 

The entity you are contracting with is: Zaars, Inc.,  a Delaware Corporation. In this User Agreement, this entity is referred to as “Zaars”, “Company”, “we,”, “us”, or “our”. 

 

Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see “Disclaimer of Warranties; Limitation of Liability” and “Dispute Resolution, Arbitration Agreement” provisions below). It also contains an Arbitration Agreement which will, with limited exception, require you to submit claims you have against us or our agents to binding and final arbitration.

​

• About Zaars

Zaars is a marketplace that allows users to offer, sell, and buy goods or items in various geographic locations using a variety of pricing formats. Users who purchase goods or items via our Services are referred to as “Buyer(s)”. Users who list or sell goods or items via our Services are referred to as “Seller(s)”. We are not a party to contracts of sale between Sellers and Buyers, nor are we a traditional auctioneer. 

 

Any guidance we provide as part of our Services, such as pricing, shipping, listing, and sourcing is solely informational and you may decide to follow it or not. We may help facilitate the resolution of disputes between Buyers and Sellers through various programs. Unless otherwise expressly provided, we have no control over and do not guarantee: the existence, quality, safety, or legality of items advertised; the truth or accuracy of users’ Content (including listings); the ability of Sellers to sell items; the ability of Buyers to pay for items; or that a Buyer or Seller will actually complete a transaction or return an item.

​

• Your Privacy

We know your personal information is important to you, so it’s important to us. Our privacy policy details how your information is collected, used and shared when you use our Services. By using our Services, you’re also agreeing that we can process your information in the ways set out in the Privacy Policy, so please read it here.

​

• Using Zaars

You are solely responsible for all information, descriptions, pictures, listings, data, text, music, videos, media, comments, or any other materials (“Content”) that you upload, post, publish, transmit, or display via our Services. We may investigate, take legal action, or perform any other action we deem necessary or warranted in managing our Services, your Content, use of our Services, without limitation, including preservation of information for investigative purposes.

In connection with using or accessing our Services you agree to comply with this User Agreement, our policies, our terms, and all applicable laws, rules, and regulations, and you will not:

• breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status;

• use our Services if you are under the age of 18;

• use our Services if you are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions;

• fail to pay for items purchased by you, unless you have a valid reason as set out in our policies;

• fail to deliver items sold by you, unless you have a valid reason as set out in our policies;

• manipulate the price of any item or interfere with any other user’s listings;

• take any action that may undermine the feedback or ratings systems;

• transfer your Zaars account (including feedback) and user ID to another party without our consent;

• share your log in credentials with any third parties; 

• sell or transmit anything you don’t have a right to sell or transmit under law or existing relationship;

• create listings, post, or upload Content in inappropriate categories or areas on our sites;

• post Content that is false, inaccurate, misleading, deceptive, defamatory, libelous, violent, illegal, infringing on third party rights, objectionable, pornographic, invasive, encouraging money laundering, gambling or any other unlawful or unwarranted behavior;

• distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;

• distribute viruses or any other technologies that may harm Zaars or the interests or property of users;

• use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with our prior express permission;

• circumvent any technical measures used to provide our Services.

• interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure;

• export or re-export any of our applications or tools, except in compliance with the export control laws, and rules and policies of any relevant jurisdictions;

• infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to Zaars. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from Content that belongs to Zaars or someone else;

• infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or post Content that does not belong to you;

• commercialize any of our applications or any information, data, or software associated with such application, except with our prior express permission; 

• harvest or otherwise collect or use information about users without their consent; or

• list, sell, or attempt to sell any item that is illegal to sell under any applicable law, statute, ordinance, or regulation, including, without limitation, counterfeit items and items listed in our prohibited items policy here.
   

• Termination 

You may terminate your account at any time without any time by navigating to your account settings.

If we have reason to believe you, your Content, or your use of our Services violate this User Agreement or any of our policies, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted Content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone at our discretion for any reason, including those laid out in our policies and this User Agreement. We will not be liable to you for the effect that any changes to our Services may have on you, including on your income or your ability to generate revenue through our Services.

 

If you or we terminate your account, you may lose any information associated with your account, including your Content.

We will not have any liability whatsoever to you for any suspension or termination. 

All provisions of this User Agreement which by their nature should survive termination shall survive termination, including ownership, fees, warranty disclaimers, indemnity and limitations of liability.
 

• Security

You are responsible for maintaining the confidentiality of your password and account and will be fully responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of account security. We will not be liable for any loss or damage arising from your failure to comply with this section.

 

• Policy Enforcement

When a Buyer or Seller issue arises, we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both Buyers and Sellers. The foregoing does not limit or impair our right to refuse, modify, or terminate all or part of our Services to anyone, or to terminate this agreement with anyone, for any reason at our discretion.
 

• Third Party Services

We may provide to you, or provide your Content to, certain third-party services or third-party service providers (collectively, “Third Party Service(s)”) which may also provide to you links to sites, email and telephone correspondence and other offers outside of our Services. Such Third Party Services are provided “AS IS” without indemnification, support, or warranty of any kind, and this User Agreement does not apply to your use of any such provided Third Party Services. You are solely responsible for evaluating whether you want to access or use such Third Party Services, and, in certain circumstances where required or applicable, may opt-out from such Third Party Services available outside of our Services, or may choose to not utilize such Third Party Services at any time. We reserve the right to suspend Third Party Services at any time. You should review any applicable terms and/or privacy policies of a Third Party Service before using it or sharing any information with it, because you may give the operator permission to use your information outside of what you have agreed to herein. We are not responsible for, nor endorses any features, content, advertising, products or other materials on or available from such Third Party Services.
 

• Third Party Materials

We will not be liable in any way for (1) any items or Content our Services posted by third parties, other users, or at the direction of users (all, “Third Party Materials”), or (2) any errors, omissions, loss, or damage of any kind as a result of such Third Party Materials on our Services; and you acknowledge that we do not, and are under no obligation, to review, screen, or inspect any Third Party Materials our Services, although we reserve the right to do so, and remove Third Party Materials at our sole discretion. You agree that you bear all risk associated with the use, reliance, condition, accuracy, completeness, or usefulness of Third Party Materials.
 

• Credit and Referrals

We may offer credits to existing users, for any reason, at our sole discretion, including, but not limited to, users who refer new users to our Services (who have not previously used our Services) using the invite code provided by us to those existing users and may also make certain credits available to the new users who are referred by an existing user. The requirements to earn, the number of, and value of, these credits (if any) will be determined by us. Such credits are not redeemable for cash or cash equivalents, and are non-transferrable or applicable to prior purchases and cannot be sold, made available to the general public, or acquired via public distribution. Suspended accounts are prohibited from using such credits during suspension. Other restrictions may apply. We may cancel credits at any time, upon thirty (30) day notice to you. We may modify, update, or terminate this program without notice, and we reserve the right to enact any rules and regulations with respect to the program, including earning and use limits, as well as invalidation or expiration of credits. You may apply credits subject to the terms in which we grant the credit. Credits may expire prior to your use, cancelled at any time, or the terms of use modified, at no liability to, and under our sole discretion.
 

• Content

When you provide any Content using our Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that Content in order to permit us to, without limitation, copy, display, transmit, perform, distribute, store, modify, make derivative works of and otherwise use in any manner your Content in connection with the provision, expansion, operation, promotion, advertising, or marketing of our Services, in any form, medium or technology now known or developed in the future (including without limitation publishing your Content on the internet or on Third Party Services such as Facebook or sharing it with blogs, and allowing other users to share listings that include your Content).

To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that Content against us, our employees, officers, and directors, our assignees, our sublicensees, and their assignees in connection with our, those assignees’, and those sublicensees’ use of that Content in connection with the provision, expansion, operation, promotion, advertising, or marketing of our Services.

You represent and warrant that, for all such Content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights, privacy rights, publicity rights, or other legal rights of any third party. We take no responsibility and assumes no liability for any Content provided by you or any third party.

We are not under any obligation to review any Content posted by you or other users on our Services, although we reserve the right to do so with or without notice, to prevent or rectify any alleged violations of this User Agreement or any applicable law. We reserve all defenses made available to us by the Communications Decency Act and any other applicable laws, rules, or regulations. We may refuse to accept or display the Content, and may remove or delete all or any portion of the Content at any time.

You understand that we are not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of or relating to such Content, and that such Content is not our responsibility. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. Any and all Content you upload is not considered confidential by us, will be treated as public information, and you agree and understand that it is intended to be shared with other users of our Services as well as third parties, all in our sole discretion, and that we have no control or liability over what other users or third parties do with your Content. You understand and agree that we will not be liable for any treatment of your Content as confidential and waive all rights with respect to any such claims of confidentiality. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about our Services (“Submissions”), provided by you to us are non-confidential and we shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. If you do not agree that your Content will be considered public and will not be considered confidential, you must not use our Services.
 

• Intellectual Property 

You acknowledge that our Services contain product data (including images, descriptions, and specifications) that are provided by third parties (including by other users) (“Service Content”). This Service Content includes product data that is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data.

We retain all rights to our Intellectual Property. You agree you will not copy, modify, scrape, distribute, create derivative works, or the like, or do or perform any other action with the Service Content or our Intellectual Property that you are exposed to through our Services not explicitly authorized by this User Agreement. Any use of our Services or the Service Content other than as specifically authorized herein is strictly prohibited.
 

• Takedown Notices for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code

Zaars respects the Intellectual Property Rights of others and ask that our users do the same. Although we are under no obligation to do so, we will make all reasonable efforts to investigate notices of alleged infringement or violations of intellectual property laws and take actions regarding such infringement where applicable. 

If you believe your work has been copied or used in a way that constitutes infringement or your Intellectual Property Rights have been otherwise violated, please provide notice to our designated agent (contact information below) with all of the following information: 

• a description of your work;

• a description of the infringing work; 

• a statement by you that you have a good-faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, its agent, or the law; and

• a statement by you, made under penalty of perjury, that the information you provide is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

If your work is removed due to infringement and you believe it is not infringing, please provide notice to our designated agent (contact information below) with:

• identification of removed content and a description thereof;

• a statement of good faith regarding ownership of the intellectual property;

• your contact information (including your address, telephone number, and email address); and

• a statement by you, made under penalty of perjury, that the information you provide is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We will endeavor to resolve counter-notices in 10 to 14 business days, and will provide the original complaining party an opportunity to seek a court order against the counter-claiming party, and in the event no order is sought, may allow the original content to be reposted. You can contact our designated agent: 

• By email: hello@shopzaars.com
   

• Terms of Sale and Purchase

Zaars aims to facilitate sale and purchase transactions via its Services. With respect to those transactions, you agree, acknowledge, and accept all of the following:

1. Assumption of risks. No warranties. By using marketplace services such as Zaars, you assume some risk. As stated above, we are not involved with, nor provide any warranty for, any transaction between Buyer and Seller, nor has title to any items, and is not the Buyer or Seller in any transaction. You as a Buyer and/or Seller assume, agreement, and understand you bear all of the risks in selling or purchasing of items via our Services. 

2. Fees. Registering for our Services is free. However, we charge certain fees for various transactions when you use of the Service as set forth in our fee policy. All amounts are quoted in US dollars.

3. Prohibited items. Not all items are appropriate to be sold via our Services. We thus prohibit the listing, sale, or attempt to sell of any item that is illegal to sell under any applicable law, statute, ordinance, or regulation, including, without limitation, counterfeit items and items listed in our prohibited items policy .

4. Sellers. You agree that you have all rights necessary to sell the items you make available, and will describe the items truthfully, accurately, and completely.

5. Buyers. You are solely responsible for reading and reviewing the item listing before making an offer or purchasing. The contract to purchase is between you and the Seller. Zaars is not a party to it.

6. Purchases. Buyers may offer to purchase items from Sellers, and once accepted, this is considered a purchase, and a binding contract. Upon purchasing an item, a Buyer is obligated to remit payment for the item to Zaars including any shipping or additional fees listed. Zaars is not an auctioneer, nor is it a Seller or a carrier. Our Services include pricing, listing, and shipping assistance, but Zaars is not a Buyer or Seller of items. Zaars may delay any purchase for purposes of fraud detection or to protect users from other illegal or wrongful activities. All purchases are final, with no returns, refunds, cancellations, or retractions allowed, except where Seller cancels an order or Buyer returns an item in accordance with our return policy.

7. Shipping. We will provide Seller with a prepaid shipping label to send the item to the Buyer (we reserve the right to discontinue providing labels to any or all users at any time and for any reason). Seller must then deliver the purchased item to Buyer. Seller must ship the item within three (3) days of receipt of the label, if Seller does not ship the item we will notify Seller and provide a set amount of time for shipping before the order will be cancelled. When using a label Seller (1) must use only the label to ship applicable item, (2) is fully responsible for contents of parcel, (3) must comply with all terms, and (4) must comply with all conditions of the shipping carrier. Title of the item transfers to Buyer upon shipment. If an item is lost, damaged, or arrives not as expected to Buyer, Buyer must report issue to us within three (3) days after delivery. Once Buyer confirms receipt and acceptance of the item, either by affirmatively notifying us or failing to notify us within three (3) days of delivery (as determined by tracking information), we will credit Seller’s account with amount equal to purchase price, minus taxes, our commission, and any applicable fees (the “Funds”) set forth in our Fee Policy. Funds may be redeemed by Seller through our permitted third-party payment provider(s), or used by the Seller to purchase items listed by other Sellers through the Service.

8. Taxes. Purchased items may be subject to applicable taxes in your jurisdiction, which we will collect from Buyers on behalf of Sellers where obligated to do so, and in the event taxes are collected and we are legally obligated to do so, remit such taxes to applicable taxing authorities on behalf of Sellers. Note that taxes are not included in the listed price for items, but will be displayed before confirmation of purchase. Use of credits may modify taxes that apply to a Buyer’s order. Taxes may be estimated based on offers made on items, but are subject to change if final sale price is different than original offer. Taxes are based on several factors, including price, location, and state, local, federal, or other applicable rates at time of purchase. Although we may assess taxes upon purchase or sale you are ultimately responsible for the verification and reporting of any and all applicable taxes to the appropriate tax authorities, including instances where we do not collect or have not collected taxes on your behalf.

9. Payments. Buyers may pay for items using payment methods approved by us, and we will receive payment from Buyer on behalf of Seller. By submitting payment information to us you authorize us to store that information and with your confirmation, charge you for any items purchased.

10. Fee Modifications. We may change or discontinue, temporarily or permanently, some or all fees for our Services, and such changes will be effective upon our revision of the fee policy.

11. Shipping Costs. Buyers are responsible for any shipping costs (as detailed in the fee policy) incurred with respect to their purchased item.

12. Returns. We may allow Buyers to return an item in limited circumstances. If the item Buyer receives, is not as described in our Services, then Buyer may request a return by reporting the issue through our Services or by emailing hello@shopzaars.com, in each case within three (2) days after delivery (as determined by the tracking information on the shipping label) of the item. 

We will provide Buyer with a prepaid shipping label to return the item to the Seller (we reserve the right to discontinue providing labels to any or all users at any time and for any reason). Buyer must ship the item within three (2) days of receipt of the label. If Buyer does not ship the item within this period, Buyer will be deemed to have accepted the item and can no longer return it to the Seller. When using a label Buyer (1) is responsible for all shipping and handling charges on returned items, (2) must only use the label to ship applicable item, (3) is fully responsible for contents of parcel, (4) must comply with all terms and (5) must comply with all conditions of the shipping carrier. Once the Seller confirms receipt and acceptance of the returned item, either by affirmatively notifying us or failing to notify us within three (3) days of delivery of the returned item (as determined by tracking information), Buyer’s refund will be credited back to the same payment method used to make the original purchase with an amount equal to purchase price, minus taxes, shipping and handling charges, and any applicable fees.

REFUNDS AND RETURNS WILL NOT BE PERMITTED FOR ANY ITEMS DESIGNATED ON OUR SERVICES AS NON-RETURNABLE, INCLUDING, BUT NOT LIMITED TO ITEMS TAILOR-MADE OR PERSONALIZED FOR YOU.
 

• Disclaimer of Warranties

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, ZAARS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZAARS MAKES NO WARRANTY THAT (I) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH OUR SERVICES OR THAT OUR SERVICES WILL OTHERWISE MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS.

ZAARS MAKES NO GUARANTEE REGARDING THE AUTHENTICITY, QUALITY, SAFETY, OR LEGALITY OF ANY ITEMS OFFERED OR SOLD, NOR THE TRUTH OR ACCURACY OF ANY LISTINGS, OR ABILITY OF BUYERS AND SELLERS TO TRANSACT ANY BUSINESS ON OR USING OUR SERVISES.
 

• Limitations of Liability

We are not liable for (1) any Content posted on our Services; (2) purchases, sales, or other obligations that may arise between users; (3) any damages that result through your use of our Services; (4) any negative or critical comments that may be posted by other users through our Services; (5) any of the Third Party Service(s) you may be provided pursuant to your use of our Services; (6) any third party personally identifiable information you upload or provide to us pursuant to our Services (7) any cost of substitute goods or services.

You are solely responsible for your interactions with other users, including any purchase or sale transactions. You agree we will have no liability or responsibility with respect to such interactions, purchases, or sales. We reserve the right but is under no obligation to become involved in any dispute between you and another user.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SERVICE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS USER AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF OUR SERVICES, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM (1) THE USE OR INABILITY TO USE OUR SERVICES; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; OR (3) ANY OTHER MATTER RELATED TO OUR SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO A USER, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR MORE THAN THE GREATER AMOUNT OF (1) COMMISSIONS THAT YOU HAVE PAID TO US AS A SELLER IN THE LAST SIX (6) MONTHS, OR, (2) ONE HUNDRED U.S. DOLLARS (USD $100).

THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW. Our licensors and service providers will have no liability of any kind under this User Agreement. Unless such restriction is prohibited by applicable law, you may not bring any claim under this User Agreement more than twelve (12) months after the cause of action arises.
 

• Indemnity

You agree to release, defend, indemnify and hold Zaars, its affiliates, its directors, its officers, and its employees (collectively, “Indemnitees”) harmless from any legal claim or demand (including reasonable attorney fees) that arises from your actions (or inactions), your use (or misuse) of our Services, your breach of the User Agreement, your breach of any of our policies, or you and your accounts infringement of someone else’s rights. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
 

• Mobile Services

When you access our Services through a mobile device, you may incur a fee for data usage or other associated costs from your wireless provider. You agree that you are solely responsible for your use of our Services on your mobile device and adherence to your wireless provider’s terms and conditions.
 

• Apple Software

Zaars offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”). With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in this User Agreement, the following terms and conditions apply:

• Zaars and you acknowledge that this User Agreement is concluded between Zaars and you only, and not with Apple, and that as between Zaars and Apple, Zaars, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.

• You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms.

• Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iPhone OS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms.

• Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.

• Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Zaars’ sole responsibility, to the extent it cannot be disclaimed under applicable law.

• Zaars and you acknowledge that Zaars, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

• In the event of any third-party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s Intellectual Property Rights, as between Zaars and Apple, Zaars, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

• If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Zaars by e-mail to hello@shopzaars.com.

Zaars and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this User Agreement with respect to the Apple-Enable Software, and that, upon your acceptance of the terms and conditions of this User Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this User Agreement against you with respect to the Apple-Enable Software as a third party beneficiary thereof.
 

• General
   

• Applicable law

Each party will comply with all laws, rules, and regulations applicable to this User Agreement. This User Agreement shall be governed by the laws of the State of Illinois without giving effect to its principles regarding conflicts of law. All disputes shall be resolved exclusively in state or federal court in Cook County, Illinois. You acknowledge that our Services are of United States origin and agree to comply with all export laws and regulations of the United States.
 

• Dispute Resolution, Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY.

Zaars is always interested in resolving disputes amicably and efficiently. If you have any concerns or disputes please email customer support at hello@shopzaars.com. Any unresolved dispute shall be settled by binding and confidential arbitration, notice of which must be sent by you to Zaars, per the Notice provision set forth herein, and describe the nature of the claim and relief sought. If resolution is not reached within sixty (60) calendar days you or Zaars may commence an arbitration proceeding. The arbitration will be conducted in a forum convenient to both parties, and if the claims involved total less than US $10,000,  then will be conducted through document submission or telephonic hearing unless in person arbitration is legally required. Arbitration shall be subject to the Federal Arbitration Act, or applicable binding arbitration in your jurisdiction. The arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if applicable, the Supplementary Procedures for Consumer Related Disputes. If the value of the relief sought is USD $10,000 or less, at your request, Zaars will pay all Arbitration Fees. Notwithstanding the foregoing, Zaars may seek injunctive or other equitable relief to protect its Intellectual Property Rights in any court of competent jurisdiction. YOU ARE HEREBY GIVING UP YOUR RIGHT TO GO TO COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT. Any claims brought by you must be bought in an individual capacity, not as a class member in any representative proceeding. An arbitrator may not consolidate individuals’ claims. The arbitrator will not have authority to award damages in excess of the amount allowed by this User Agreement. The arbitrator also shall be authorized to grant any equitable remedy or relief it deems just and equitable and within the scope of this User Agreement. All aspects of the proceeding, ruling, decision, or award will be considered confidential between the parties. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by Illinois law or United States federal law. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, provincial or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. Notwithstanding anything to the contrary herein, any change made to this Arbitration Agreement may be rejected by you within thirty (30) calendar days of such change, and in the event of such rejection, the terms of the original Arbitration Agreement language will apply.
 

• Severability, Headings, Non-waiver

The unenforceability of any provision of this User Agreement will not affect the enforceability of any other provision. If any provision of this User Agreement is deemed to conflict with another, Zaars will have the sole right to elect which provision remains in force. Headings are provided for convenience only. We reserve all rights under applicable law. Our non-enforcement of any provision of this User Agreement or under applicable law will not be construed as our waiver of any enforcement rights under the same or different circumstances at any time in the future.
 

• Modifications

THIS USER AGREEMENT AND THE SERVICES DESCRIBED HEREIN ARE SUBJECT TO CHANGE BY ZAARS IN ITS SOLE DISCRETION AT ANY TIME. Zaars may modify or discontinue the service with or without notice. Zaars is not liable to you or any third party for any such modification or discontinuation. When changes are made to this User Agreement, we will make a new copy of the User Agreement available by posting on our site or through our Services. We will also update the “Last Revised” date at the top of the User Agreement. If we make any material changes, and you have registered to use our Services, We may also notify you via email or through our Services. Changes will be effective immediately for new users and will be effective ten (10) days after posting notice of such changes on our site for existing users. Your continued use of our Services after the date any such changes become effective constitutes your acceptance of the new User Agreement. If you do not agree to abide by this or any future User Agreement, do not use or access (or continue to use or access) our Services.
 

• Export Controls and Laws

All Software and Services may be subject to export control laws in your applicable jurisdiction. You agree that you will not, and are solely responsible for any violation of, such export control laws. Download and use of software, including where you use, is your responsibility and at your own risk.
 

• Electronic Communication, Documentation

When you use our Services or send e-mails to us, you are agreeing to communicate with us electronically. This User Agreement and any other documents reference herein will be considered a “writing” or “in writing” to comply with applicable legal requirements, and are legally enforceable between the parties. Printed versions of this User Agreement and the documents referenced herein will be admissible in any legal proceeding
 

• Notices

You agree that we will provide notices and messages to you within our Services, or if required, via email or regular mail. You may provide us notice and will be deemed provided once received by us, addressed via mail to the address noted in the Questions, Comments section below.
 

• Questions, Comments

Please contact us with any questions, comments, or to report a violation of this User Agreement:

hello@shopzaars.com
 

• Geographic Specific Provisions
   

• Users in California

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

• Events in Illinois

Pursuant to 815 ILCS 414/1.5(c), for transactions involving tickets to events in Illinois, Buyers and Sellers may elect to submit complaints against one another to the American Arbitration Association (“AAA”) under its rules and procedures. The AAA’s rules are available at www.adr.org. Such complaints shall be decided by an independent arbitrator in accordance with this User Agreement. Buyers and Sellers further agree to submit to the jurisdiction of the State of Illinois for complaints involving a ticketed event held in Illinois.