Welcome to MyZoewell! We’re so delighted that you’re here and we want your experience with us to be absolutely exceptional!
As part of that experience, we feel that it’s important to set (and uphold) a few ground rules so that you are aware of what to expect when interacting with MyZoewell, our Sites, and Services. These ground rules, formally referred to as our “Terms and Conditions,” “Terms of Use,” “Terms of Service,” “Terms of Sale” or simply “Terms” exist to guide, govern, and protect both you and us over the course of our relationship.
Please read these Terms carefully as your access and use of our Sites and Services indicates that you acknowledge our Terms, have read, understood, and accept them, and agree to be bound by them. You also agree to our Privacy Policy, Cookie Policy, Copyright Policy, Trademark and Brand Policy, Order Policy and all other policies that we may reference or post on MyZoewell (collectively referenced as, “Policies”).
If however, you do not agree with, cannot accept, or comply with our Terms and Policies—in their entirety, MyZoewell is probably not for you, in which case, you should not use our Sites and Services.
Your Access & Use
By accessing and using MyZoewell’s Sites and Services, you agree that you are able to meet the below basic requirements.
1.1
Age Requirements
You agree that you are 18 years of age or older. Or, if you are under 18, you agree that you are at least 13, and have the consent, involvement, and or supervision of a parent or guardian to access and use Our Sites and Services.
1.2
Eligibility Requirements
You also agree that you have not been barred, suspended, prohibited or otherwise restricted from accessing and using our Sites and Services by MyZoewell or any applicable laws, rules, and regulations.
1.3
Information Requirements
If you choose to provide us with any information (including that which is required to register for, create, and maintain an account with us, order, pay for, and or receive products, services and support from us), you agree that the information is valid, accurate, current and complete.
1.4
Licensing Requirements
Provided that you are able to meet the above basic requirements, and subject to your complete and continued compliance (with our Terms and Policies), MyZoewell grants you a limited, non-exclusive, non-transferable, non-assignable and fully revocable license to access and use our Sites and Services. You understand and agree that this license is for your personal, non-commercial use only and with it applies certain requirements:
(A)
Preserve Copyrights. You may not remove, obscure or otherwise alter any copyrights, trademarks, watermarks or other proprietary or legal notices displayed on, attached to, or contained in our Sites and Services.
(B)
Don’t Exploit. Under no circumstances may you license, sub-license, lease, rent, host, sell or otherwise exploit, for personal, public or commercial purposes, any part of our Sites and Services without our expressed written permission.
(C)
Don’t Distribute. You are also not permitted to distribute any part of our Sites or Services except for that which we have explicitly authorized for sharing and distribution.
(D)
Don’t Copy. In addition, you may not copy, reproduce, repurpose, repost, republish, mirror, duplicate nor create derivative works from any form of our Sites or Services unless permitted.
(E)
Don’t Modify. You are also restricted from reverse engineering, decompiling, disassembling, modifying or adapting our Sites and Services if not given expressed written consent from MyZoewell.
Your Rights & Responsibilities
You also agree to accept certain rights and responsibilities as part of your access, use, and interaction with our Sites and Services.
2.1
Account Responsibilities
You understand that you (and you alone) are responsible for your account, its confidentiality, security, and any and all activities that occur through its use (authorized and unauthorized).
To prevent misuse of your account — and any damages, losses, or expenses that may arise as a result, you should use secure passwords, avoid sharing your login credentials with others, and log out of your account after using our Sites and Services. MyZoewell will not be liable for your failure to safeguard your account. If you discover (or suspect) that your account has been compromised, or any other security breach, please notify us immediately.
2.2
Content Responsibilities
You are also responsible for the content that you provide, post, publish, upload, transmit, submit, store, share, send, contribute, facilitate, distribute, display, broadcast or otherwise make available (collectively, “contribute”) via MyZoewell’s Sites and Services. This means that, with regard to any content that you contribute, you:
(A)
Have Consent. Basically, you certify that you own the content that you contribute, or have secured all authorizations, rights, releases, licenses, consents and permissions necessary for its use and transmission (yours and ours).
This includes photos, images, illustrations, graphics, video, audio, data, text, computer code, scripts, software, music and any other material that you contribute, all of which we collectively reference as, “Your Content” or “User Content”.
(B)
Don’t Infringe. You also certify that your content does not violate, plagiarize, misappropriate, interfere with or infringe upon the rights of others.
This includes (without limitation) copyright, trademark, patent, trade secret, confidentiality, personality, personal information, privacy and publicity.
(C)
Don’t Harm. In addition, you agree to not contribute content that encourages, glorifies, condones, or could lead to: death, serious injury, illness, danger or harm — of yourself, other individuals, children, or animals.
This includes, but is not limited to: self-harm—as in eating disorders, substance abuse, self-mutilation and suicide, the commercial sexual exploitation of children (CSEC), child maltreatment, and animal cruelty. You are, however, allowed to contribute content that promotes awareness, education, and healthy discussion on these topics provided that it’s handled responsibly, with sensitivity, and proper context.
(D)
Don’t Hate. While we are all for free expression, we do not (and will not) tolerate content that threatens, encourages, promotes, or incites terrorism, violence, attack, abuse, harm or hatred toward anyone — directly or indirectly.
(E)
Don’t Discriminate. We also won’t tolerate content that discriminates against, or attempts to devalue individuals or groups based upon race, color, ethnicity, national origin, religion, gender, gender identity, sexual orientation, body size, age, disease, or disability.
This includes the use of discriminatory, derogatory and disparaging language, epithets, terms, slurs, and symbols.
2.3
Conduct Responsibilities
You are responsible for your own actions, conduct, and behavior. This means that, while accessing, using, or simply interacting with MyZoewell, our Sites and Services, you:
(A)
Be Authentic. Basically, don’t try to assume the identity of, impersonate, or pretend to be someone or something that you’re not.
This includes MyZoewell, our staff, and users, other individuals and organizations. In other words, please just be yourself!
(B)
Be Honest. Furthermore, don’t attempt to burden, mislead, deceive, damage or take advantage of our Company, Brand, Sites, Services, Partners, Providers, resources or time by making false claims or reports.
This includes, but is not limited to: overstating, misrepresenting, or flat out falsifying accusations, associations, affiliations, accolades, endorsements and employment.
(C)
Be Responsible. Don’t intentionally (nor unintentionally) contribute malware or launch attacks, of any kind, on ours and others’ property.
This includes denial of service (DoS) and distributed denial of service (DDoS) attacks, computer viruses, worms, Trojan horses, bots, rootkits, ransomware, scareware, spyware, adware and any other software, script, code, program or file that is potentially malicious, harmful, damaging, destructive, disruptive or intrusive to ours and others’ computers, devices, software, hardware, hosts, networks, servers, systems or equipment (collectively, “property”).
(D)
Don’t Trespass. Do not attempt to gain access to any portion of MyZoewell’s Sites and Services (nor any properties associated with them) through any means or methods other than those which we authorize or provide.
This includes:
(1)
Bypassing, altering, hacking, attacking, defeating, disabling or otherwise overriding any measures or procedures used to secure, protect, encrypt or restrict access to our Sites and Services;
(2)
Scanning our Sites and Services for vulnerabilities, exploiting those vulnerabilities, or creating your own;
(3)
Using automated and non-automated programs, software, scripts, robots, processes or other means to access, crawl, spider or scrape our Sites and Services;
(4)
Copying, collecting, harvesting, storing, disclosing or distributing personal, proprietary, or non-public information without authorization or consent.
(E)
Don’t Tamper. You further agree not to make attempts to damage, disable, interrupt, impair, inhibit, tamper or interfere with the access, availability, functionality, safety and security of our Sites and Services, their property, use and enjoyment.
(F)
Don’t Violate. Simply put, do not do anything (or contribute anything including content and feedback) that violates our Terms and Policies, or any applicable laws, rules, regulations, rights, or contracts.
2.4
Community Responsibilities
The MyZoewell Community matters to us and we want to see it thrive! To help us preserve its integrity, safety, security, supportiveness and overall welcoming environment, we ask that you:
(A)
Be Respectful. In other words, please don’t demean, degrade, or belittle others.
(B)
Be Considerate. Do not use our Sites and Services to contribute sexually explicit, pornographic, vulgar, lewd, obscene, gratuitously graphic, or otherwise objectionable content. That is not what MyZoewell is for.
(C)
Don’t Scam. Please do not use our Sites and Services to scam, scheme, trick, defraud, deceive, or mislead us or others.
This includes encouraging or promoting pyramid and ponzi schemes, phishing scams, fraud, “fake news” (viral news that really has no merit or truth), and false information.
(D)
Don’t Spam. Please also don’t use our Sites and Services to spam or attempt to spam.
This includes contributing to junk mail, chain letters, and other unauthorized, unsolicited, unwanted or repetitive messages and material (e.g. spammy advertising and promotions).
(E)
Don’t Harass. Please know that we do not allow bullying, blackmailing, intimidating, trolling, shaming, stalking, or harassing others through the use of our Sites and Services.
2.5
Order Responsibilities
Should you choose to place an order or make a purchase from MyZoewell, you agree to assume certain ordering responsibilities per our Order Policy.
Our Rights & Responsibilities
In providing MyZoewell’s Sites and Services, we also assume certain rights and responsibilities.
3.1
Intellectual Property Rights
The Marks, Content and Feedback (collectively, “Materials“) on MyZoewell’s Sites and Services are the intellectual property of MyZoewell, our Partners and Providers. These materials are also protected by United States and international copyright, trademark, and other intellectual property laws.
(A)
Copyright. MyZoewell reserves all rights to our materials including copyright. We also respect (and expect you to respect) others’ copyright. To learn how copyrights can be respected—and infringement avoided—please see our Copyright Policy.
(B)
Trademark. MyZoewell also reserves all rights to our Brand, Sites and Services’ names, taglines, slogans, logos and trademarks (collectively, “MyZoewell Marks“). For more information about our Marks as well as what you can and cannot do with them, please see our Trademark and Brand Policy.
3.2
Licensing Rights
(A)
Your Content. Any content that you contribute to or through MyZoewell, our Sites and Services is considered yours. This means that you own it, control it, and assume all rights, responsibilities, and risks for it. MyZoewell assumes no responsibility (or liability) for your content, nor do we verify, validate, endorse, or guarantee it.
Note: By contributing content to or through us, our Sites and Services, however, you grant—and assert that you have the right and authority to grant, MyZoewell a worldwide, non-exclusive, sub-licensable, royalty-free and fully paid limited license to use your content in order to: operate, provide, promote, and improve our Sites and Services for you and others.
(B)
Your Feedback. Any comments, questions, suggestions, recommendations, compliments, testimonials, ratings, and reviews (collectively, “Feedback“) that you provide us regarding MyZoewell, our Sites, Services, or otherwise will be deemed non-confidential and non-proprietary. You agree, therefore, not to provide us with any feedback that you consider confidential or proprietary.
Furthermore, you understand that by providing MyZoewell with feedback, you in turn grant us an unlimited license and right to use (or not use) your feedback without any attribution, compensation, or otherwise obligation to you.
(C)
Your Contributions. With the licensing rights that you grant MyZoewell regarding your content and feedback (collectively, “Your Contributions“), we may do things such as:
(1)
Host, perform, publish and display Your Contributions (publicly and non-publicly) via our Sites and Services;
(2)
Modify, adapt, and reformat them so that they conform to certain standards;
(3)
Make copies of them (e.g. for backup purposes);
(4)
Create derivative works from them (e.g. for the purposes of reposting, reblogging, and language translation);
(5)
Store, contribute, and distribute them in connection with yours and others’ use of our Sites and Services and
(6)
Advertise, market, and promote MyZoewell, our Sites and Services.
3.3
Order Rights
MyZoewell also reserves certain rights when it comes to the ordering and purchasing of our products. These rights (and other ordering information) are described in our Order Policy.
3.4
Modification Rights
MyZoewell is constantly evolving and with evolvement, we learn (and welcome) how to do things better. As such, we reserve the right (at our sole discretion) to modify, alter, amend, update, change, discontinue or cease offering altogether any aspect of our Sites and Services, at any time, for any reason, temporarily or permanently, with and without notice, lacking any liability to you and others. Though, where reasonably possible, we try to notify you in advance of such modifications.
3.5
Enforcement Rights
MyZoewell also reserves the right, though assumes no obligation, to strictly enforce our Terms and Policies at our sole discretion. This may include, but is not limited to:
(A)
Warnings. At a minimum, we may issue warnings for Term and Policy violations.
(B)
Remedies. We may also allow you the opportunity to remedy violations.
(C)
Removal. Screening, modifying, or removing Your Contributions is also a possibility.
(D)
Termination. Removing, revoking, suspending, terminating, restricting, or otherwise limiting your license, account, access to, and use of all or part of our Sites and Services is another possibility.
(E)
Legal Action. We may even pursue legal action if necessary.
Note: If, for whatever reason, MyZoewell does not exercise or enforce a particular right or provision of our Terms and Policies, it does not constitute a waiver of such right or provision, nor does it affect our ability to exercise or enforce the right or provision at any point in the future. Also, if any provision of our Terms and Policies is found to be void, unlawful, or unenforceable, that provision alone is deemed severable from our Terms and Policies and does not affect the validity, legality, and enforceability of any remaining provisions.
3.6
Privacy Responsibilities
In accordance with our Privacy Policy, MyZoewell may collect (and handle) certain categories of information (personal and non-personal) related to the access and use of our Sites and Services. Please be sure to carefully review our Privacy Policy to ensure that you are aware of our most current privacy practices.
Our Limitations of Liability
You understand and agree that your access to and use of our Sites and Services is fully and completely at your own free will, discretion, and risk.
Accordingly, MyZoewell will not be liable to you for any damages — direct, indirect, incidental, consequential, special, exemplary or punitive (including losses of revenue, profit, data, use, goodwill or other intangibles) pertaining to or resulting from:
4.1
Access & Use
In other words, we won’t be liable for your use, misuse, or inability to use our Sites and Services.
4.2
Content & Conduct
We also won’t be liable for your conduct, misconduct, consumption, transmission nor contribution of materials while using our Sites and Services.
4.3
Warranty & Disclaimer
In addition, you understand that our Sites and Services are provided “as is” and “as available” without warranty of any kind — express or implied, contractual or statutory. In other words, we make no promises or guarantees regarding our Sites and Services, including (without limitation) the following:
(A)
Enjoyment. This means that while we absolutely want you to enjoy MyZoewell’s Sites and Services, we cannot guarantee that you will, nor can we be liable if you don’t.
(B)
Satisfaction. Similarly, we can’t guarantee that our Sites and Services will satisfy your needs and expectations. Although, we try!
(C)
Accuracy. MyZoewell takes great care in offering Sites and Services that are as accurate, current, and complete as possible. There may be occasions, however, when our Offerings (our combined Sites and Services, collectively, “Offerings“) contain errors, omissions, or other inaccuracies. Please know that such inaccuracies are in no way intentional, and we reserve the right to correct them—at any time and without notice.
(D)
Availability. Although we wish we could, we do not (and cannot) warrant that our Offerings will always be available, in every location, at all times, and without interruption or delay. As, we may perform maintenance, apply updates, or experience issues with hardware, software, and other factors, all of which may result in less than ideal availability of our Offerings.
(E)
Security. We also can’t warrant that our Offerings, nor your information, will always be safe and secure, free from any and all attacks, unauthorized access, viruses, malware, and the like, despite our use of appropriate administrative, user, technical, physical and data safeguards.
Note: Some jurisdictions may not allow the limitation (or exclusion) of certain damages, in which event, some of the above limitations may not apply to you. In no event, however, will our total liability to you (or any party related to you for that matter) exceed the greater of:
(1)
Ten United States Dollars ($10 USD), or
(2)
The total amount that you paid MyZoewell (if any) during the past thirty (30) days for the specific Sites and Services subject to your claim of damage.
Claims, Suits & Disputes
5.1
Governing Law
MyZoewell’s Terms and Policies—and any disputes, claims, or controversies (collectively, “disputes“) that may arise between you and MyZoewell—are governed and construed by the laws of Ohio without regard to its conflict of law provisions or principles.
5.2
Indemnification
To the fullest extent permitted by law, should anyone make a claim against MyZoewell regarding your access and use, account, content, feedback, or conduct associated with our Sites and Services, you agree to indemnify us from and against any and all claims, losses, debts, damages, liabilities and expenses—actual and consequential, known and unknown, including but not limited to legal and professional service fees, associated with such claim.
In other words, if we get sued, threatened with a lawsuit, or exposed to any legal risk as a result of, or in connection to, your alleged or actual:
(1)
Negligence, use, abuse, misuse or misconduct of our Sites and Services;
(2)
Violation of our Terms and Policies, and any applicable laws, rules or regulations;
(3)
Breach of contract as well as
(4)
Infringement on the rights of another,
You agree to hold us harmless, yourself responsible, and aid in our defense; at our discretion and your cost and expense.
5.3
Informal Resolution
Most matters with MyZoewell can be resolved rather quickly, and satisfactorily, through informal means.
(A)
Concerns. Should you have any concerns with MyZoewell, our Sites, Services or the like, you agree to first contact us directly and try to resolve the matter informally, before pursuing any legal action.
When contacting us, you should include:
(1)
Your full name and contact information as well as
(2)
The nature and basis of your concern(s).
Note: Additional information may be requested in order to address your concern(s).
(B)
Disputes. If after contacting us, your concerns are not resolved to your satisfaction, you may (before pursuing any legal action) notify us by certified mail through a written Notice of Dispute within 60 days, and allow us the opportunity to resolve the Dispute informally.
Notices of Dispute (“Notice”) should be addressed to:
MyZoewell, LLC
Attn: Legal Department
3375 Canfield Rd #3086
Youngstown, OH 44511.
They should include:
(1)
Your full name, mailing address, email address, phone number, and account number (if applicable),
(2)
The nature and basis of your dispute and,
(3)
The specific relief sought (if any).
5.4
Formal Resolution
Matters that we’re unable to resolve informally or satisfactorily, you and MyZoewell may agree to resolve through individual—not class, collective or representative—binding arbitration or small claims court. This includes Disputes, but excludes those relating to yours or ours’ intellectual property.
(A)
Binding Arbitration. If we are unable to resolve a Dispute within sixty (60) days after receiving Notice, you or MyZoewell may begin arbitration proceedings.
Arbitration is a form of alternative dispute resolution (ADR) in which a neutral third party—the arbitrator(s) decides the dispute rather than a judge or jury. The arbitrator’s decision is just as binding, final, and enforceable as a court’s decision, and can award the same damages and relief.
Arbitration procedures, however, are typically faster, less formal, more efficient and less costly then court proceedings. Also, the settlement offer made by either 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.
To begin an arbitration proceeding, a Demand for Arbitration (“Demand”) must be submitted (by either you or us) to the American Arbitration Association (AAA) (along with the filing fee), but only after a Notice of Dispute has been filed and deemed to be unsuccessful.
(1)
Non-Appearance Based Arbitration. Disputes will be resolved through non-appearance based binding arbitration via written submission, teleconference, or videoconference unless both you and MyZoewell agree otherwise.
(2)
Appearance Based Arbitration. If it is determined that appearance based arbitration is more appropriate, such arbitration will take place in or near Mahoning County, Ohio unless we each agree otherwise.
Note: All arbitrations will be initiated, commenced and conducted in English through the AAA, under their rules and procedures, including Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes.
The AAA is an established alternative dispute resolution provider (“ADR Provider”). If for any reason, the AAA is not able or available to arbitrate, you and MyZoewell agree to select an alternative ADR provider.
(B)
Small Claims Court. Aside from arbitration, disputes may also be resolved through small claims court. Such proceedings will take also place in or near Mahoning County, Ohio.
5.5
Release
Should any dispute(s) arise between you and another party (including third parties and other users), you understand that it is up to you and that party to determine a resolution; not MyZoewell. As such, you agree to release us from any and all obligations concerning such dispute(s).