Policies / Website Terms of Use  

IMPORTANT -- PLEASE READ CAREFULLY BEFORE PROCEEDING.

ACCEPTANCE OF TERMS

Thank you for visiting the zoeinternational.net website ("Website").  The Website provides various information, products ("Products") and services ("Services"), subject to the terms and conditions set forth below (the "Terms of Use"). By accessing or using the Website you agree to be bound by the Terms of Use and all modifications thereto. Zoe International LLC (“Zoe”) reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Website will be subject to the most current version of the Terms of Use posted on the Website at the time of such use. In addition, the purchase of Products and Services through the Website may be subject to further terms and conditions in addition to the Terms of Use. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE AND MUST EXIT AT ONCE. IF YOU BREACH THE TERMS OF USE, YOU AUTHORIZATION TO USE THE WEBSITE AUTOMATICALLY TERMINATES.

COPYRIGHT

All Website design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof (the “Content”), and all software is Copyright © 2003 Zoe. ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on this Website is the exclusive property of Zoe and protected by U.S. and international copyright laws. All software used on this site is the property of Zoe or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of this Website for the sole purpose of placing an order with Zoe or using this Website as a shopping resource.  Any other use of materials on this Website - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Zoe is strictly prohibited.

TRADEMARKS

Zoe International, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Zoe and may not be used in connection with any product or service that is not offered by Zoe  in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Zoe. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

LICENSE AND ACCESS TO ZOE WEBSITE

Zoe grants you a limited license to access and make personal use of the Website and not to download (other than for page caching) or modify it, or any portion of it, except with the express written consent of Zoe. This license does not include any resale or commercial use of the Website or the Content; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or the Content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Website, or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Zoe. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or forms) of Zoe and our affiliates without the express written consent of Zoe. You may not use any meta tags or any other "hidden text" utilizing Zoe's name or trademarks without the express written consent of Zoe. Any unauthorized use terminates the permission or license granted by Zoe. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Zoe so long as the link does not portray Zoe, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.

If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, informational, and non-commercial use, and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.

PRODUCTS DESCRIPTION

Zoe attempts to maintain the descriptions for all Products and Services as current and accurate as possible. Zoe does not warrant however that such descriptions or other content of the Website is or will be accurate, complete, current, reliable, or error-free.

PRIVACY POLICY

At Zoe, you are our number one priority. That's why we go to such great lengths to guarantee the security of all transactions. Our secure socket layer (SSL) is among the best technology available today. It encrypts (meaning scrambles in code) all personal data you share with us, including your credit card and telephone numbers, name and address.

Our site uses cookies to keep track of your registration data and shopping cart. We use cookies to save your address information so you don't have to re-enter it each time you request information, or purchase a product.

Our site's registration form requires users to give us contact information (like their email address). We use customer contact information from the registration form to send the user information about our company. The customer's contact information is also used to contact the visitor when necessary.  Your email address is never sold or distributed to anyone.

Our site provides users the opportunity to opt-out of receiving communications from us at the point where we request information about the visitor. Users may also request to be removed from our databases at any time via telephone or email.

USER COMMENTS

You may submit comments suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable or injurious to third parties, or consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.

Unless otherwise provided by Zoe, you grant Zoe and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, create derivative works from, and display throughout the world in any media any such content submitted by you. You further grant Zoe and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Zoe and its affiliates, officers, and shareholders for all claims resulting from content you supply. Zoe has the right but not the obligation to monitor and edit or remove any activity or content. Zoe takes no responsibility and assumes no liability for any content posted by you or any third party.

LINKS TO THIRD PARTY WEBSITES

The Website may contain links to other websites, directories, or services ("Linked Services"). These features are provided by Zoe only as a convenience. The Linked Services are not reviewed, controlled or examined by Zoe in any way and you acknowledge and agree that Zoe has no control over and is not responsible or liable for (i) the availability or accuracy of the Linked Services; (ii) the content, advertising, or products on or available from the Linked Services; or (iii) any damage arising from or occasioned by the creation or use of the Linked Services or the information or material accessed through the Linked Services. The inclusion of any link on the Zoe Website does not imply an endorsement of the Linked Services. You use the links and the Linked Services at your own risk.

LIMITATION OF LIABILITY

ZOE IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THIS SITE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED OR AVAILABLE ON THIS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, ZOE DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, ZOE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THIS SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. ZOE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

YOU SHOULD NOT USE THE INFORMATION CONTAINED ON THE WEBSITE FOR DIAGNOSING A HEALTH PROBLEM OR PRESCRIBING A MEDICATION. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS ON OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT PURCHASED ON THE WEBSITE. YOU SHOULD ALWAYS CONSULT YOUR OWN PHYSICIAN. INFORMATION AND REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZOE OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. ZOE MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

All information contained on the Website, including information relating to medical health conditions, products and treatments, is for informational purposes only. This information is not meant to be a substitute for the advice provided by your own physician or other medical professionals, or any information contained on or in any product packaging or labels.  The statements made about any Products or Services have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify and hold Zoe and its affiliates, officers, directors, employees, agents, contractors and successors in interest harmless from any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with your unauthorized use of the Website or any service available on or through the Website, the uploading, posting, e-mailing, transmission of any content or other material by you or users authorized by you, infringement of any Zoe content, or any violation of the Terms of Use.

ENTIRE AGREEMENT/AMENDMENTS

These Terms constitute the complete agreement between you and Zoe concerning your use of the Website and the subject matter set forth herein, and supersedes all prior or contemporaneous negotiations, agreements or representations between the you and Zoe in respect thereof. These Terms of Use may be amended, modified or supplemented by Zoe at any time by posting such changes to the Website, and such changes shall be effective from the time of such posting. No other act, document, usage or custom shall be deemed to amend, modify or supplement these Terms of Use.

GOVERNING LAW AND JURISDICTION

Zoe controls and operates the Website from our offices in the State of New York, United States of America. While we invite visitors from all parts of the world to visit the Website, visitors acknowledge that the Website, and all activities available on and through the Website, are governed by the laws of the United States of America and the laws of the State of New York. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree that the laws of the State of New York, excluding its conflicts-of-law rules, and these Terms of Use, Zoe’s Privacy Policy and any other policies posted from time to time on the Website applicable to your use of the Website shall govern your use of the Website. You agree that the UN Convention on Contracts for the International Sale of Goods does not apply. Please note that your use of the Website may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Zoe or relating in any way to your use of the Website  resides in the courts of the County of New York, State of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of New York, State of New York, in connection with any such dispute and including any claim involving Zoe or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. You agree that any cause of action or claim that you may have with respect to your use of the Website must be commenced within one year after the act or omission giving rise to the claim or cause of action arose. Zoe’s failure to insist upon or enforce any provision of these Term and Conditions shall not be construed as a waiver of any provision or right of Zoe. Zoe may assign its rights under these Terms and Conditions to any party at any time without notice to you.

SEVERABILITY

If the application of any provision hereof to either you or Zoe, facts, or circumstance shall be held by a court of competent jurisdiction to be invalid or unenforceable, then (i) such provision shall be reformed without further action by either you or Zoe to the extent strictly necessary to render such provision valid and enforceable when applied to you, Zoe, or the particular facts or circumstances; and (ii) the validity and enforceability of such provision as applied to the other party or the particular facts or circumstances, and the validity and enforceability of all of the other provisions hereof, shall in no way be affected or impaired thereby.

WAIVER

Neither you nor Zoe shall be deemed by any act, delay, or omission to have waived any of its respective rights or remedies hereunder unless such waiver is in writing and signed by the waiving party, and only to the extent specifically set forth in said writing. A waiver, failure or delay in exercising any right, power or privilege, or any single or partial exercise of any right, power or privilege, will not act to preclude any subsequent or further exercise of that or any other right, power or privilege.

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