Sales Policy
The following is the terms of the agreement between Zman Industries, Inc., dba; Zman Kustom Cycle & Power ("Company") and the buyer ("Buyer") of goods or services through the Company's web sites ("Site"). If you do not agree to these terms, you will not be able to purchase anything, so please review these terms carefully:
1. Introduction. Buyer agrees to the
terms and conditions outlined in this Sales Policy ("Contract")
with respect to the goods, services and information provided
by or through the Site. This Contract, and all of the Company's
Policies, constitutes the entire and only agreement between
the Company and Buyer, and supersedes any and all prior
or contemporaneous agreements, representations, warranties,
and understandings with respect to the goods, services and
information provided by or through the Site, and the subject
matter of this Contract. Buyer agrees to review this Contract
prior to purchasing anything and purchase of a good or service
shall be deemed acceptance of this Contract.
2. Payment. We accept all major forms of payment, including but not limited to; MasterCard, Visa, Discover, American Express, Paypal, credit and debit cards, electronic checks, money orders, cashiers checks, personal and business checks. Orders and payments over the phone can be made to 440-231-7473. Electronic orders and payments via Paypal can be sent to zman@zmancycles.com. Paper forms of orders and payments can be sent to and pay to the order of: Zman Industries, Inc., 7665 Mentor Ave. # 129, Mentor, OH. 44060. Orders are not pulled and held from inventory, and parts are still available for sale, until payment has been received and cleared. Buyers located in Ohio will have to pay an 8% sales tax. Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer's credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer's password. Buyer agrees to keep his or her password confidential and to notify Company within 24 hours of any breach of this Contract or unauthorized use of the password. Company does not protect Buyer from unauthorized use of Buyer's password. International Buyers – Please Note: Import duties, taxes, and charges are not included in the item price or shipping cost. These charges are the buyer's responsibility. Please check with your country's customs office to determine what these additional costs will be prior to buying. Customs fees are normally charged by the shipping company or collected when you pick the item up. These fees are not additional shipping charges. Customs delays are possible and beyond our control. Estimated delivery is from us to carrier to customs. We will not under-value merchandise or mark the item as a gift on customs forms. Doing so against U.S. and international laws.
3. Shipping. Company ships Worldwide! Shipping is FREE to the 48 continental United States on orders over $249.99. Company will combine Buyers multiple orders into a single invoice for combined shipping to reduce or delete shipping charges. Company usually ships orders within 5 business days of receiving cleared payment. Standard domestic shipping service is provided by UPS, FedEx, or the USPS. International and non-continental 48 United States shipping is provided by the USPS and those Buyers should request for a shipping quote before purchase and payment. Please note; due to USPS shipping package dimension limitations, some items may be too large to ship to all locations. Please contact us for shipping availability before ordering. Company will ship via Overnight or Express to any Buyer who requests for that service and cost. Company shall not be found liable for loss or damage of items commencing when Buyers order transfers from Company to carrier. Contact us for all shipping quotes.
4. Returns. To the extent that you purchase any goods or services directly from us, we do accept returns and you must notify us of your desire for a return with the reason for the request and under the following conditions; Returns must be made within 14 days of receipt and must be authorized in advance. Returns without authorization will be refused. Defective parts or parts sent in error (mis-ship) will be exchanged or refunded at our discretion. Shipping fees are not refundable. Buyer may have received free shipping on an order, however seller actually paid for shipping, therfore; actual shipping cost paid by seller will be deducted from buyers refund for a return on an order shipped for free. All returns must be in the same condition as when purchased. Buyer damaged items are not returnable. We cannot accept returns on special ordered parts. Serialized parts such as; frames, engines, and transmissions; are not returnable and all sales on them are final. We reserve the right to charge a restocking fee of up to 25% on any return or refuse any exceptions. Returns after the 14 day return period will be refused. Parts scratched or damaged in return shipping due to inadequate packaging will not be accepted. All returns must be sent pre-paid. No collect shipments will be accepted. Return shipping costs will not be refunded. Returns due to buyer remorse, buyer error in ordering, or the like; are eligible for refund only. Returns from out of the 48 continental USA are eligible for refund only. Returns must be received, inspected, and processed before refund or exchange is sent. Please note, however, that certain products and services mentioned on our site are sold by third parties or are linked to third party Web sites, and we have no responsibility or liability for those products or services. This Section sets forth Buyer's sole and exclusive right to return. Returns are to be sent pre-paid to: Zman Industries, Inc., 7665 Mentor Ave. # 129, Mentor, OH. 44060, Attention: Returns. Contact us for Return Authorization.
5. Right to Refuse. Company reserves
the right in its sole discretion to refuse service at any
time. Sale of any goods or services is subject to availability.
6. Indemnification. Buyer agrees to
indemnify, defend and hold Company and its affiliates, licensors
and suppliers harmless from any liability, loss, claim and
expense, including reasonable attorney's fees, related to
a Buyer's violation of this Contract or use of the Site.
7. Non-Transferable. Buyer's right
to use the Service is not transferable and is subject to
any limits established by Company or by Buyer's credit card
company.
8. Disclaimer. THE SERVICE, CONTENT,
GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED
"AS-IS," "AS AVAILABLE," AND ALL WARRANTIES,
EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED
TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE
MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER'S
SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL
BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR
ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS
OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER
BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES
SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF
THE BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS
AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.
9. Editing, Deleting, and Modification.
Company reserves the right in its sole discretion to edit
or delete any information or content appearing on the Site
and to remove any goods and services for sale. Upon notice
published over the Service, Company may modify this Contract,
or prices, and may discontinue or revise any or all aspects
of the Site in its sole discretion and without prior notice.
Modification of this Contract will be deemed effective upon
publication on the Site with respect to transactions occurring
after said date.
10. Use of Information. Company reserves
the right, and Buyer authorizes Company, to the use and
assignment of all information regarding Buyer's use of the
Site and all information provided by Buyer, subject to applicable
law.
11. Miscellaneous. This Contract shall
be treated as though it were executed and performed in Mentor,
Ohio, and shall be governed by and construed in accordance
with the laws of the United States of America and of the
State of Ohio (without regard to conflict of law principles).
Any cause of action of Buyer with respect to the Site must
be instituted within thirty (30) days after any purchase
or be forever waived and barred. All actions shall be subject
to the limitations set forth in Section 8. The language
in this Contract shall be interpreted as to its fair meaning
and not strictly for or against any party. All legal proceedings
arising out of or in connection with this Contract shall
be brought solely in Mentor, Ohio, and Buyer expressly
submits to the jurisdiction of said courts and Buyer consents
to extra-territorial service of process. Should any part
of this Contract be held invalid or unenforceable, that
portion shall be construed consistent with applicable law
as nearly as possible to reflect the original intentions
of the parties and the remaining portions shall remain in
full force and effect. To the extent that anything in or
associated with the Site or the Company is in conflict or
inconsistent with this Contract, this Contract shall take
precedence. Failure of Company to enforce any provision
of this Contract shall not be deemed a waiver of such provision
nor of the right to enforce such provision.
Usage Policy
By using our web sites, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use our web sites. The terms "Company" or "us" or "we" or "our" refers to Zman Industries, Inc., the owner of the web sites. The term "you" refers to the user or viewer of our web sites.
1. Acceptance of Policy.
You agree to the terms and conditions outlined in this Usage Policy ("Agreement") with respect to our web sites ("Site"). This Agreement, and all of the Company's Policies, constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. Copyright.
The content, organization, graphics, design, compilation,
magnetic translation, digital conversion and other matters
related to the Site are protected under applicable copyrights,
trademarks and other proprietary (including but not limited
to intellectual property) rights. The copying, redistribution,
use or publication by you of any such matters or any part
of the Site, except as allowed by Section 4 below, is strictly
prohibited. You do not acquire ownership rights to any content,
document or other materials viewed through the Site. The
posting of information or materials on the Site does not
constitute a waiver of any right in such information and
materials. Some of the content on the site is the copyrighted
work of third parties.
3. Service Marks.
"Zmancycles.com" and "Zman Kustom Cycle
& Power" and "Zman Industries, Inc."
and others are our service marks or registered service marks
or trademarks. Other product and company names mentioned
on the Site may be trademarks of their respective owners.
4. Limited License;
Permitted Uses.
You are granted a non-exclusive, non-transferable,
revocable license (a) to access and use the Site strictly
in accordance with this Agreement; (b) to use the Site solely
for internal, personal, non-commercial purposes; and (c)
to print out discrete information from the Site solely for
internal, personal, non-commercial purposes and provided
that you maintain all copyright and other policies contained
therein. No print out or electronic version of any part
of the Site or its contents may be used by you in any litigation
or arbitration matter whatsoever under any circumstances.
5. Restrictions and
Prohibitions on Use.
Your license for access and use of the Site and any
information, materials or documents (collectively defined
as "Content and Materials") therein are subject
to the following restrictions and prohibitions on use: You
may not (a) copy, print (except for the express limited
purpose permitted by Section 4 above), republish, display,
distribute, transmit, sell, rent, lease, loan or otherwise
make available in any form or by any means all or any portion
of the Site or any Content and Materials retrieved there
from; (b) use the Site or any materials obtained from the
Site to develop, of as a component of, any information,
storage and retrieval system, database, information base,
or similar resource (in any media now existing or hereafter
developed), that is offered for commercial distribution
of any kind, including through sale, license, lease, rental,
subscription, or any other commercial distribution mechanism;
(c) create compilations or derivative works of any Content
and Materials from the Site; (d) use any Content and Materials
from the Site in any manner that may infringe any copyright,
intellectual property right, proprietary right, or property
right of us or any third parties; (e) remove, change or
obscure any copyright notice or other proprietary notice
or terms of use contained in the Site; (f) make any portion
of the Site available through any timesharing system, service
bureau, the Internet or any other technology now existing
or developed in the future; (g) remove, decompile, disassemble
or reverse engineer any Site software or use any network
monitoring or discovery software to determine the Site architecture;
(h) use any automatic or manual process to harvest information
from the Site; (i) use the Site for the purpose of gathering
information for or transmitting (1) unsolicited commercial
email; (2) email that makes use of headers, invalid or nonexistent
domain names, or other means of deceptive addressing; and
(3) unsolicited telephone calls or facsimile transmissions;
(j) use the Site in a manner that violates any state or
federal law regulating email, facsimile transmissions or
telephone solicitations; and (k) export or re-export the
Site or any portion thereof, or any software available on
or through the Site, in violation of the export control
laws or regulations of the United States.
6. Forms, Agreements
& Documents
We may make available through the Site or through other
Web sites sample and actual forms, checklists, business
documents and legal documents (collectively, "Documents").
All Documents are provided on a non-exclusive license basis
only for your personal one-time use for non-commercial purposes,
without any right to re-license, sublicense, distribute,
assign or transfer such license. Documents are provided
free of charge and without any representations or warranties,
express or implied, as to their suitability, legal effect,
completeness, current ness, accuracy, and/or appropriateness.
THE DOCUMENTS ARE PROVIDED "AS IS", "AS AVAILABLE",
AND WITH "ALL FAULTS", AND WE AND ANY PROVIDER
OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT
NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. The Documents may be inappropriate
for your particular circumstances. Furthermore, state laws
may require different or additional provisions to ensure
the desired result. You should consult with legal counsel
to determine the appropriate legal or business documents
necessary for your particular transactions, as the Documents
are only samples and may not be applicable to a particular
situation. Some Documents are public domain forms or available
from public records.
7. No Legal Advice
or Attorney-Client Relationship.
Information contained on or made available through
the Site is not intended to and does not constitute legal
advice, recommendations, mediation or counseling under any
circumstance and no attorney-client relationship is formed.
We do not warrant or guarantee the accurateness, completeness,
adequacy or currency of the information contained in or
linked to the Site. Your use of information on the Site
or materials linked to the Site is entirely at your own
risk. We are not a law firm and the Site is not a lawyer
referral service.
8. Linking to the Site.
You may provide links to the Site, provided (a) that
you do not remove or obscure, by framing or otherwise, advertisements,
the copyright notice, or other notices on the Site, (b)
your site does not engage in illegal or pornographic activities,
and (c) you discontinue providing links to the Site immediately
upon request by us.
9. Advertisers.
The Site may contain advertising and sponsorships.
Advertisers and sponsors are responsible for ensuring that
material submitted for inclusion on the Site is accurate
and complies with applicable laws. We are not responsible
for the illegality or any error, inaccuracy or problem in
the advertiser's or sponsor's materials.
10. Registration.
Certain sections of, or offerings from, the Site may
require you to register. If registration is requested, you
agree to provide us with accurate, complete registration
information. Your registration must be done using your real
name and accurate information. Each registration is for
your personal use only and not on behalf of any other person
or entity. We do not permit (a) any other person using the
registered sections under your name; or (b) access through
a single name being made available to multiple users on
a network. You are responsible for preventing such unauthorized
use.
11. Errors, Corrections
and Changes.
We do not represent or warrant that the Site will be
error-free, free of viruses or other harmful components,
or that defects will be corrected. We do not represent or
warrant that the information available on or through the
Site will be correct, accurate, timely or otherwise reliable.
We may make changes to the features, functionality or content
of the Site at any time. We reserve the right in our sole
discretion to edit or delete any documents, information
or other content appearing on the Site.
12. Third Party Content.
Third party content may appear on the Site or may be
accessible via links from the Site. We are not responsible
for and assume no liability for any mistakes, misstatements
of law, defamation, omissions, falsehood, obscenity, pornography
or profanity in the statements, opinions, representations
or any other form of content on the Site. You understand
that the information and opinions in the third party content
represent solely the thoughts of the author and is neither
endorsed by nor does it necessarily reflect our belief.
13. Unlawful Activity.
We reserve the right to investigate complaints or reported
violations of this Agreement and to take any action we deem
appropriate, including but not limited to reporting any
suspected unlawful activity to law enforcement officials,
regulators, or other third parties and disclosing any information
necessary or appropriate to such persons or entities relating
to your profile, email addresses, usage history, posted
materials, IP addresses and traffic information.
14. Indemnification.
You agree to indemnify, defend and hold us and our
partners, agents, officers, directors, employees, subcontractors,
successors, assigns, third party suppliers of information
and documents, attorneys, advertisers, product and service
providers, and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim
and expense, including reasonable attorney's fees, related
to your violation of this Agreement or use of the Site.
15. Nontransferable.
Your right to use the Site is not transferable or assignable.
Any password or right given to you to obtain information
or documents is not transferable or assignable.
16. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH
THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE,"
WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS
OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO
THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND
SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER
FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED
IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR
ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES
SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF
THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS,
SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT
BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH
THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION
OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES
CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING
A FORM OR DOCUMENT IS DISCLAIMED.
17. Limitation of Liability
(A)We and any Affiliated Party shall not be liable
for any loss, injury, claim, liability, or damage of any
kind resulting in any way from (a) any errors in or omissions
from the Site or any services or products obtainable there
from, (b) the unavailability or interruption of the Site
or any features thereof, (c) your use of the Site, (d) the
content contained on the Site, or (e) any delay or failure
in performance beyond the control of a Covered Party. (B)THE AGGREGATE LIABILITY OF US AND
THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING
OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION,
DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT
EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER
REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED
PARTY.
18. Use of Information.
We reserve the right, and you authorize us, to the
use and assignment of all information regarding Site uses
by you and all information provided by you in any manner
consistent with our Privacy Policy. All remarks, suggestions,
ideas, graphics, or other information communicated by you
to us (collectively, a "Submission") will forever
be our property. We will not be required to treat any Submission
as confidential, and will not be liable for any ideas (including
without limitation, product, service or advertising ideas)
and will not incur any liability as a result of any similarities
that may appear in our future products, services or operations.
Without limitation, we will have exclusive ownership of
all present and future existing rights to the Submission
of every kind and nature everywhere. We will be entitled
to use the Submission for any commercial or other purpose
whatsoever, without compensation to you or any other person
sending the Submission. You acknowledge that you are responsible
for whatever material you submit, and you, not us, have
full responsibility for the message, including its legality,
reliability, appropriateness, originality, and copyright.
19. Third-Party Services.
We may allow access to or advertise certain third-party
product or service providers ("Merchants") from
which you may purchase certain goods or services. You understand
that we do not operate or control the products or services
offered by Merchants. Merchants are responsible for all
aspects of order processing, fulfillment, billing and customer
service. We are not a party to the transactions entered
into between you and Merchants. You agree that use of or
purchase from such Merchants is AT YOUR SOLE RISK AND IS
WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED
OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR
PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES
ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS
BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING
ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
20. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and
operating procedures of Merchants will apply to you while
on any Merchant sites. We are not responsible for information
provided by you to Merchants. We and the Merchants are independent
contractors and neither party has authority to make any
representations or commitments on behalf of the other.
21. Privacy Policy.
Our Privacy Policy, as it may change from time to time,
is a part of this Agreement. You should review this Privacy
Policy.
22. Sales Policy.
Our Sales Policy, as it may change from time to time,
is a part of this Agreement. You should review this Sales
Policy.
23. Securities Laws.
The Site may include statements concerning our operations,
prospects, strategies, financial condition, future economic
performance and demand for our products or services, as
well as our intentions, plans and objectives (particularly
with respect to product and service offerings), that are
forward-looking statements. These statements are based upon
a number of assumptions and estimates which are subject
to significant uncertainties, many of which are beyond our
control. When used on our Site, words like "anticipates,"
"expects," "believes," "estimates,"
"seeks," "plans," "intends,"
"will" and similar expressions are intended to
identify forward-looking statements designed to fall within
securities law safe harbors for forward-looking statements.
The Site and the information contained herein does not constitute
an offer or a solicitation of an offer for sale of any securities.
None of the information contained herein is intended to
be, and shall not be deemed to be, incorporated into any
of our securities-related filings or documents.
24. Links to other Web Sites.
The Site contains links to other Web sites. We are
not responsible for the content, accuracy or opinions express
in such Web sites, and such Web sites are not investigated,
monitored or checked for accuracy or completeness by us.
Inclusion of any linked Web site on our Site does not imply
approval or endorsement of the linked Web site by us. If
you decide to leave our Site and access these third-party
sites, you do so at your own risk.
25. Copyrights and Copyright Agents.
We respect the intellectual property of others, and
we ask you to do the same. If you believe that your work
has been copied in a way that constitutes copyright infringement,
please provide our Copyright Agent the following information:
a. An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim
has been infringed;
c. A description of where the material that you claim is
infringing is located on the Site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright
owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that
the above information in your Notice is accurate and that
you are the copyright owner or authorized to act on the
copyright owner's behalf.
26. Information and Press Releases.
The Site may contain information and press releases about
us. We disclaim any duty or obligation to update this information
or any press releases. Information about companies other
than ours contained in the press release or otherwise, should
not be relied upon as being provided or endorsed by us.
27. Legal Compliance.
You agree to comply with all
applicable domestic and international laws, statutes, ordinances
and regulations regarding your use of the Site and the Content
and Materials provided therein.
28. Miscellaneous.
This Agreement shall be treated as though it were executed
and performed in Mentor, Ohio, and shall be governed
by and construed in accordance with the laws of the United
States of America and the State of Ohio (without regard
to conflict of law principles). Any cause of action by you
with respect to the Site (and/or any information, Documents,
products or services related thereto) must be instituted
within thirty (30) days after the cause of action arose
or be forever waived and barred. All actions shall be subject
to the limitations set forth in Section 16 and Section 17.
The language in this Agreement shall be interpreted as to
its fair meaning and not strictly for or against any party.
This Agreement and all incorporated agreements and your
information may be automatically assigned by us in our sole
discretion to a third party in the event of an acquisition,
sale or merger. Should any part of this Agreement be held
invalid or unenforceable, that portion shall be construed
consistent with applicable law and the remaining portions
shall remain in full force and effect. To the extent that
anything in or associated with the Site is in conflict or
inconsistent with this Agreement, this Agreement shall take
precedence. Our failure to enforce any provision of this
Agreement shall not be deemed a waiver of such provision
nor of the right to enforce such provision. Our rights under
this Agreement shall survive any termination of this Agreement.
29. Arbitration.
Any legal controversy or legal claim arising out of
or relating to this Agreement or our services, excluding
legal action taken by us to collect or recover damages for,
or obtain any injunction relating to, Site operations, intellectual
property, and our services, shall be settled solely by binding
arbitration in accordance with the commercial arbitration
laws of The United States of America. Any such controversy
or claim shall be arbitrated on an individual basis, and
shall not be consolidated in any arbitration with any claim
or controversy of any other party. The arbitration shall
be conducted in Mentor, Ohio, and judgment on the arbitration
award may be entered into any court having jurisdiction
thereof. Either you or we may seek any interim or preliminary
relief from a court of competent jurisdiction in Mentor,
Ohio, necessary to protect the rights or property of you
and us pending the completion of arbitration. Each party
shall bear one-half of the arbitration fees and costs incurred
through arbitration.
Privacy Policy
Our Privacy Policy is designed to assist you
in understanding how we collect and use the personal information
you provide to us and to assist you in making informed decisions
when using our site and our products and services.
What Information Do We
Collect?
When you visit our Web site you may provide
us with two types of information: personal information you
knowingly choose to disclose that is collected on an individual
basis and Web site use information collected on an aggregate
basis as you and others browse our Web site.
1. Personal Information You Choose to
Provide
Registration Information.
You will provide us information about yourself, your
firm or company, and your practices when you register to
be a member of our web sites, register for certain services,
or register for email newsletters and alerts. You may also
provide additional comments on how you see Zman Industries,
Inc., dba; Zman Kustom Cycle & Power, servicing your
needs and interests.
Email Information.
If you choose to correspond with us through email,
we may retain the content of your email messages together
with your email address and our responses.
2. Web Site Use Information
Similar to other commercial Web sites, our
Web site utilizes a standard technology called "cookies"
(see explanation below, "What Are Cookies?") and
Web server logs to collect information about how our Web
site is used. Information gathered through cookies and Web
server logs may include the date and time of visits, the
pages viewed, time spent at our Web site, and the Web sites
visited just before and just after our Web site. We, our
advertisers and ad serving companies may also use small
technology or pieces of code to determine which advertisements
and promotions users have seen and how users responded to
them.
How Do We Use the Information
That You Provide to Us?
Broadly speaking, we use personal information
for purposes of administering and expanding our business
activities, providing customer service and making available
other products and services to our customers and prospective
customers. Occasionally, we may also use the information
we collect to notify you about important changes to our
Web site, new services and special offers we think you will
find valuable. You may notify us at any time if you do not
wish to receive these offers.
Sharing Information with Third Parties
We may enter into alliances, partnerships
or other business arrangements with third parties who may
be given access to personal information including your name,
address, telephone number and email for the purpose of providing
you information regarding products and services that we
think will be of interest to you. In connection with alliances,
partnerships or arrangements, we may also provide certain
information to third parties if we have determined that
the information will be used in a responsible manner by
a responsible third party. For example, some of our partners
operate stores or provide services on our site, while others
power offerings developed by us for your use. We also use
third parties to facilitate our business, including, but
not limited to, sending email and processing credit card
payments. In connection with these offerings and business
operations, our partners and other third parties may have
access to your personal information for use in connection
with business activities. As we develop our business, we
may buy or sell assets or business offerings. Customer,
email, and visitor information is generally one of the transferred
business assets in these types of transactions. We may also
transfer such information in the course of corporate divestitures,
mergers, or any dissolution.
Notice of New Services and Changes
Occasionally, we may also use the information
we collect to notify you about important changes to our
Web site, new services and special offers we think you will
find valuable. As our customer, you will be given the opportunity
to notify us of your desire not to receive these offers.
How Do We Secure Information Transmissions?
Email is not recognized as a secure medium
of communication. For this reason, we request that you do
not send private information to us by email. Some of the
information you may enter on our Web site may be transmitted
securely via Secure Sockets Layer SSL, 128 bit encryption
services. Pages utilizing this technology will have URLs
that start with HTTPS instead of HTTP.
How Can You Access and Correct Your Information?
You may request access to all your personally identifiable information that we collect online and maintain in our database by contacting us.
Certain Disclosures
We may disclose your personal information
if required to do so by law or subpoena or if we believe
that such action is necessary to (a) conform to the law
or comply with legal process served on us or affiliated
parties; (b) protect and defend our rights and property,
our site, the users of our site, and/or our affiliated parties;
(c) act under circumstances to protect the safety of users
of our site, us, or third parties.
What About Other Web Sites Linked to Our
Web Site?
We are not responsible for the practices
employed by Web sites linked to or from our Web site nor
the information or content contained therein. Often links
to other Web sites are provided solely as pointers to information
on topics that may be useful to the users of our Web site. Please remember that when you use a link to
go from our Web site to another Web site, our Privacy Policy
is no longer in effect. You're browsing and interaction
on any other Web site, including Web sites which have a
link on our Web site, is subject to that Web site's own
rules and policies. Please read over those rules and policies
before proceeding.
Your Consent
By using our Web site you consent to our
collection and use of your personal information as described
in this Privacy Policy. If we change our privacy policies
and procedures, we will post those changes on our Web site
to keep you aware of what information we collect, how we
use it and under what circumstances we may disclose it.
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