Call us today! 1.800.388.2640
Terms of Sale
Conditions of Sale Agreement
The following describes the terms on which zucora provides the www.zucora.com website.
This Terms and Conditions of Sale (the "Agreement") constitutes a binding legal contract between you and zucora inc. ("zucora") the owner and operator of the www.zucora.com website (the "Site"). By ordering any product or service via the Site, you agree to your acceptance of this Agreement, as it may be amended or supplemented from time to time. Changes to this Agreement will be effective when posted.
Please review these policies carefully as they are the terms of sale that govern your purchases on www.zucora.com. They set out your rights and obligations with respect to your purchases, including important limitations and exclusions, such as those in the zucora product warranties. Your placement of an order at www.zucora.com constitutes your agreement that these policies apply to the order, so be certain you understand them before you place your order.
If you would like additional information about our products or would like to inquire about an existing order, you may contact us at Jim.Hartling@zucora.com.
zucora uses United Parcel Service (“UPS”) shipping and other common carrier or courier services as required. UPS generally will make multiple attempts to deliver a package. After these delivery attempts, the carrier will return the package to zucora or hold them for pick-up at the UPS facility, as the case may be. Occasionally packages are returned to zucora as undeliverable. If your package is returned to zucora, we will contact you to make arrangements for re-shipment.
Your total order price will include the price of the product on the day of shipping plus any applicable sales tax and shipping charges. zucora reserves the right to change prices for products displayed at www.zucora.com at any time and particularly to correct pricing errors that appear on the Site.
Please note there may be limitations on your right to return and obtain a refund for products.
All delivery, shipping and handling charges are nonrefundable fees (unless an error has occurred in the shipping of your order).
Accounts, Passwords and Security
Certain features or services offered on or through the Sites may permit or require you to open an account (including setting up a user name and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account.
You agree to notify zucora immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by zucora or any other user of or visitor to the Sites due to someone else using your user name, password or account.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to zucora, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in this Agreement, no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without zucora’s express prior written consent.
The Site may allow you to upload designs or other images (“Designs”) for the purposes of sharing such Designs with zucora, its partners and users of the Site. You represent and warrant that all Designs uploaded (or otherwise posted) by you to (or otherwise through) the Site shall be your original work and will not infringe or otherwise violate the rights of any third party.
By submitting a Design as set forth above, you hereby do and shall grant to zucora (and its successors, assigns, third party services providers (e.g. contract manufacturers), distributors, VARs, OEMs, resellers and other channel partners) a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, reproduce, modify, distribute, publicly display and otherwise exploit the Designs on and in connection with the manufacture, sale, promotion, marketing and distribution of products sold on, or in association with, the Site or with any of the distributors of products sold in association with the Site, and in any medium existing or not yet existing.
You also hereby do and shall grant each user of the Site a non-exclusive license to access your Designs through the Sites, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such Designs as permitted through the functionality of the Site and the products sold therein (and through its other distributors).
Violation of this Agreement
You agree that zucora may, in its sole discretion and without prior notice, terminate your access to the Sites and/or block your future access to the Sites if we determine that you have violated this Agreement or other agreements or guidelines which may be associated with your use of the Sites.
Waiver and Limitation of Liability
You hereby acknowledge that the warranty provided herein and the accompanying obligations and liabilities of zucora are exclusive and you hereby waive all other remedies, warranties, guarantees or liabilities, express or implied, arising by law or otherwise, whether or not occasioned by the negligence of zucora. You acknowledge by your use of zucora’s products that your use of the products and any reliance upon them is at your sole risk, and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with zucora’s products.
ZUCORA HAS PRICED ITS PRODUCTS UPON THE UNDERSTANDING, AND YOU HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT ZUCORA WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR OTHER CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY PRODUCT AND/OR ITS USE, EXCEPT CONSEQUENTIAL DAMAGES FOR ANY INJURY TO A PERSON IN THE CASE OF PRODUCTS PURCHASED FOR CONSUMER USE AS DEFINED BY 15 US C. § 2301.
Follow all instructions and heed all warnings accompanying any product ordered from the Site. Some products, including those with small pieces, may not be suitable for children and should be kept out of the reach of children.
YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST ZUCORA ARISING OUT OF YOUR PURCHASE OR USE OF PRODUCTS ORDERED VIA THE SITE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS ZUCORA FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OF THE PRODUCTS PURCHASED VIA THE SITE.
Governing Law and Venue
This Agreement, the entire relationship between you and zucora and any litigation or other legal proceeding between you and zucora (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of Canada and the Province of Ontario, without giving effect to its choice of law rules. This contract is fully performable in Middlesex County, Ontario, Canada.
Other Terms and Conditions
zucora is not responsible for typographical errors. zucora reserves the right to cancel any order you have placed if there was a typographical error on www.zucora.com concerning the pricing or availability of any item you ordered when you placed the order.
zucora may make changes to any products or services offered at www.zucora.com, or to the applicable prices for any such products or services, at any time, without notice. The information provided at www.zucora.com with respect to products and services may be out of date, and zucora makes no commitment to update the information provided at www.zucora.com with respect to such products and services.
No zucora employee or agent has the authority to vary any of www.zucora.com's policies or the terms and conditions governing any sale.
If any of the aforementioned policies are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such policy shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the policy, so that the policies shall remain in full force and effect.
zucora’s failure to insist on or enforce strict performance of these policies shall not be construed as a waiver by zucora of any provision or any right it has to enforce these policies, nor shall any course of conduct between zucora and you or any other party be deemed to modify any provision of these policies.
These policies shall not be interpreted or construed to confer any rights or remedies on any third parties.
- END -