ZW Designs Inc. ZWD provides the web pages available at this web site the “ZWD Site” to its customers, dealers and the general public on the terms and conditions set forth in these Terms of Use “TOU”. PLEASE READ THESE TOU CAREFULLY. BY USING OUR SITE, YOU ARE AGREEING TO THIS TOU. IF YOU DO NOT AGREE TO THIS TOU, PLEASE DO NOT USE OR ACCESS THIS SITE. We may from time to time change the TOU that governs your use of our site. Your use of our site following any such change constitutes your agreement to follow and be bound by the TOU as changed. We may change, move or delete portions of, or may add to, our site from time to time.

Intellectual Property Ownership, License and Restrictions on Use

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the ZWD Site collectively, the Contents are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by ZWD. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by ZWD.

The Contents of the ZWD Site, and the ZWD Site as a whole, are intended solely for personal, noncommercial other than for the purchase of merchandise from our site use by the users of the ZWD Site. You may download or copy the Contents and other downloadable materials displayed on the ZWD Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce except as noted above, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the ZWD Site.

Submissions

All comments, ideas, suggestions, graphics, designs, pictures or anything else sent to us becomes the property of ZWD upon submission. We reserve the right to use any materials submitted as we see fit, including reproducing it, disclosing it, publishing it, or selling products derived from it. Under no circumstances are you entitled to any payment if we do use your submission for any commercial purpose. So if you don’t want us to use it free of charge, don’t send it. This does NOT include apparel designs or patterns.

You agree that you will not, under any circumstances, transmit to this site any material which is unlawful, threatening, violent, abrasive, offensive, defamatory, libelous, deceptive, fraudulent, or which may infringe a third party’s intellectual property rights, or otherwise violate any law or regulation. You further acknowledge and agree that neither ZWD nor its affiliates shall be responsible or liable for any defamatory, offensive, infringing or illegal conduct of any visitor to this site or any other third party.

Product Information

The prices displayed at the ZWD Site are quoted in U.S. Dollars and are valid and effective only in the United States. The prices and availability of products on this site may change without notice to you at any time in ZWD’s sole discretion. Shipping and Handling is included in the product price.

Colors

We have made every effort to display as accurately as possible the colors of our products that appear at the ZWD Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Disclaimers for Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM A THE USE OF, OR THE INABILITY TO USE, THE ZWD SITE OR CONTENT, MATERIALS OR FUNCTIONS ON ANY SUCH SITE, OR B THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE ZWD SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 WHICHEVER IS LESS FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE ZWD SITE.

YOU ACKNOWLEDGE, BY YOUR USE OF THE ZWD SITE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE. THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

ZWD AND ITS AFFILIATES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THIS SITE OR ANY SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT SUCCESSFUL RESULTS OR OUTCOMES WILL RESULT FROM YOUR USE OF INFORMATION AT THIS SITE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to defend, indemnify and hold ZWD harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the ZWD Site.

Links To Other Sites

For your convenience, we may provide links to other websites and web pages that we do not control. We cannot be responsible for the privacy practices of any websites or pages not under our control and we do not endorse any of these websites or pages, the services or products described or offered on such sites or pages, or any other content contained on those sites or pages.

Jurisdiction

This site is operated and controlled from the State of Georgia. ZWD makes no claim to the appropriateness of Content in this site for use outside the United States. If you use this site from outside the United States, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations. These TOU shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of law provisions. Any legal action or proceeding arising out of or relating to these TOU or this site shall be exclusively subject to the jurisdiction of the federal courts of the United States and/or the state courts of Georgia. Use of this site is unauthorized in any jurisdiction that does not give effect to all of the provisions of these TOU.

Privacy

In addition to reading these Terms of Use, please see our Privacy Policy to understand our privacy practices with respect to this site.

Other

This constitutes the entire agreement between you and ZWD with respect to your use of this site. If any provision of this Agreement is found to be void, unlawful or unenforceable for any reason, that portion shall be deemed severable from these TOC and shall not otherwise affect the validity and enforceability of any remaining provisions.