Terms & Conditions

Welcome to Zeyar® Highlighters, Paint Marker, Permanent Markers!

These terms and conditions (“Terms”) govern your access to and use of our website (“Website”) and our online store (“Store”) as well as all content, functionality, products and services offered on or through our Website and Store.

Please read these Terms carefully before accessing or using our Website or Store. By accessing or using any part of our Website or Store, you agree to become bound by these Terms. If you do not agree to all the Terms, then you may not access or use the Website or Store. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features, tools, products or services which are added to our Website or Store shall also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website or Store following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – GENERAL TERMS

1.1 Eligibility

You must be at least 18 years of age to access or use the Website or Store. By accessing or using the Website or Store, you represent and warrant that you are at least 18 years of age and have the legal authority to accept these Terms. The Website and Store are not intended for children under 18 years of age.

1.2 Website and Store Access

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and Store solely for your own personal use.

1.3 Product Orders

By ordering or purchasing a product through our Store, you agree to be bound by our Terms of Sale.

1.4 Restrictions

You agree that you will not:

Use the Website or Store for any fraudulent or unlawful purpose
Access, tamper with or use any areas of the Website or Store that you are not authorized to access
Impersonate any person or entity or misrepresent your affiliation with any person or entity
Insert your own or a third party’s advertising, branding or other promotional content into any of the Website or Store content, materials or services
Attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Website or Store
Post, promote or transmit through the Website or Store any unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, lewd, racist, predatory or otherwise objectionable material of any kind or nature
Violate, plagiarize or infringe the rights of us or third parties including copyright, trademark, patent, trade secrets, contractual, privacy, publicity or any other proprietary rights

1.5 Modification and Termination

We reserve the right, in our sole discretion, to:

Modify, suspend or terminate your access to or use of all or any part of the Website or Store at any time, for any reason, with or without prior notice
Terminate this Agreement at any time, for any reason, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership
Delete or remove any information and content that we deem unacceptable, offensive, inflammatory, illegal or otherwise in violation of these Terms

We shall not be liable for any damage or loss caused by the termination of this Agreement or your access and use of the Website or Store.

1.6 Intellectual Property Rights

The Website, Store and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, branding, videos and trademarks (the “Zeyar® Intellectual Property“), are our exclusive property and/or our licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license or grant any rights in or to the Zeyar® Intellectual Property and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

1.7 Feedback

We welcome feedback on our Website, Store and products. Any suggestions, ideas, notes or other information or materials regarding Zeyar® or the Website or Store that you provide to us (“Feedback”) shall be considered non-confidential and our exclusive property. By providing Feedback to us, you assign to us, free of charge, all worldwide rights, title and interest in such Feedback and agree that we shall have the right to use and fully exploit the Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide as non-confidential and non-proprietary.

1.8 Indemnification

You agree to defend, indemnify and hold harmless Zeyar®, our affiliates and licensors and each of our respective officers, directors, employees and representatives from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from:

Your access and use of the Website or Store;
Your violation of any term or condition of these Terms, the Terms of Sale or any other policy of ours; or
Your violation of any third party rights, including without limitation any copyright, trademark, patent, trade secret or other property right.

This defense and indemnification obligation will survive termination of these Terms.

1.9 Assignment

You may not assign or transfer these Terms or your rights and obligations under these Terms in any way without our prior written consent. We may freely assign or transfer these Terms and our rights and obligations under these Terms.

1.10 Applicable Law

These Terms shall be governed by the laws of the State of Tennessee without regard to conflict of laws principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Nashville, Tennessee for any actions or proceedings related to your access or use of the Website or Store, or any dispute between you and us.

1.11 Severability

If any provision of these Terms is determined by any court of competent jurisdiction to be unlawful, void or unenforceable for any reason, the provision will be deemed severed from these Terms and the remaining provisions will continue in full force and effect.

1.12 No Waiver

Our failure or delay in exercising any right or remedy under these Terms shall not constitute a waiver of such right or remedy. No waiver shall be effective against us unless made in writing and signed by an authorized representative of Zeyar®.

SECTION 2 – WEBSITE TERMS OF USE

2.1 Age Requirement

You must be at least 18 years old to access or use our Website in any way. By accessing or using our Website, you represent and warrant that you are at least 18 years old.

2.2 Accounts and Registration

In order to access or use certain features or functions of our Website, you may be required to register for a user account. When registering for an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update any information provided during registration, (c) maintain the confidentiality and security of your login credentials, and (d) immediately notify us if you discover or otherwise suspect any unauthorized access or use of your account or login credentials.

2.3 User Content

Our Website may allow you and other users to post, upload or transmit text, images, audio, video and other content (“User Content”), such as in blogs, comments, chats, forums, wikis and other interactive pages and services. By posting User Content, you represent and warrant that:

You own or have the necessary rights and permissions to share and distribute such User Content;
Your User Content does not violate any copyright, trademark, patent, trade secret or other proprietary rights or privacy or publicity rights of third parties;
Your User Content is not false, inaccurate, fraudulent, misleading, defamatory, obscene, pornographic, abusive, offensive, threatening or harassing; and
You assume full responsibility for such User Content and acknowledge our right to monitor, restrict or remove any User Content at any time and for any reason.

We claim no ownership or control over User Content. However, by posting or transmitting User Content on or through our Website, you grant us a perpetual, worldwide, non-exclusive, royalty-free, fully sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works, display, publish and perform such User Content in connection with operating and providing any features, functionality or services offered on our Website.

We may monitor, screen or otherwise control User Content posted on our Website, but we are not obligated to do so. We reserve the right to immediately remove any User Content posted on our Website that we deem unacceptable, offensive, inflammatory, illegal, inappropriate or that violates these Terms.

2.4 Prohibited Content

You agree not to upload, post, transmit, distribute or otherwise publish through our Website any content that:

Infringes any third party copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy
Is fraudulent, false, misleading or deceptive
Is defamatory, obscene, pornographic, vulgar or offensive
Promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group
Is violent or threatening or promotes violence or actions that are threatening to any other person or animal
Promotes illegal or harmful activities or substances

2.5 Security

You are prohibited from violating or attempting to circumvent the security of our Website, including but not limited to:

Accessing or using data not intended for users, including but not limited to logging into a server or account that you are not authorized to access
Attempting to probe, scan or test the vulnerability of any system or network
Breaching or attempting to breach security or authentication measures without proper authorization
Attempting to interfere with, disrupt or disable service to any user, host or network

Violations of system or network security may result in civil or criminal liability. We will investigate any security breaches involving the Website and will involve and cooperate with law enforcement if a criminal violation is suspected.

2.6 External Links

Our Website may contain links to third party websites, resources, advertisers or services that are not affiliated with us. We are not responsible for the availability, content or accuracy of any such external sites or resources. Use or interaction with any third party websites, resources, advertisers or services is subject to the applicable third party terms and conditions and privacy policies. We are not liable for any loss or damage caused or alleged to be caused by your use or reliance on any third party content, goods or services available on or through any such external sites or resources.

2.7 Termination of Access

We maintain the right, in our sole discretion, to deny access to the Website to any person, agency or organization for any reason, including but not limited to violation of these Terms. Under no circumstances will we be liable for denying you access to the Website due to your violation or attempted violation of these Terms.

SECTION 3 – ONLINE STORE TERMS

3.1 Binding Terms

All orders for products placed through our online Store are subject to and conditioned upon acceptance of these Terms, as well as the Terms of Sale linked below. These Terms apply regardless of how your order is placed, whether online, by phone, email or other means. By ordering or purchasing a product through our Store, you agree to be bound by these Terms.

3.2 Placing Orders

You may browse our Store online and place orders for products at any time using the online checkout process. All orders are subject to product availability. We reserve the right to refuse or cancel any orders placed for products listed at incorrect prices or under incorrect terms due to typographical errors or other errors.

3.3 Prices and Payment

All product prices are shown in U.S. dollars and must be paid in U.S. dollars. We reserve the right to change prices for products at any time and without prior notice to you.

The total cost of your purchase transaction will include the advertised price of the products plus any applicable sales tax. You are responsible for paying any applicable sales or other taxes imposed by your government on your transactions. We may make use of third party payment processing services to process payments and collect funds for product orders. Use of such services may be subject to additional terms and conditions between you and the payment processor.

3.4 Order Processing and Fulfillment

We will make every effort to fulfill your product order accurately, efficiently and promptly for the products listed as in stock on the website. For any product orders that cannot be fulfilled promptly due to being out-of-stock, you will be notified by email and given an opportunity to cancel or modify your order.

Products will be shipped to the shipping address you provided with your order. Please ensure your shipping address is complete, accurate and up-to-date to avoid any order processing or shipping delays. We are not responsible for undeliverable shipments due to incorrect, incomplete or outdated addresses provided by you.

3.5 Shipping and Delivery

We will make efforts to ship and deliver your order of in-stock products promptly after receiving and processing your complete order. However, we do not guarantee any specific shipping or delivery times. Shipping and delivery timeframes listed on the Store are estimates only. Your receipt of shipment and delivery confirmations should be used to track and monitor actual shipment status.

All shipping and handling charges for your order will be shown on the order checkout page before you complete your purchase transaction. We reserve the right to change shipping and handling charges at any time and without prior notice. You agree to pay all shipping and handling charges shown at checkout or notified to you.

3.6 Returns and Refunds

Please review our Returns and Refunds Policy located at /returns for applicable terms regarding any product returns, exchanges or refunds.

3.7 User Accounts

You may register for a user account on our Store to expedite future purchases or access account and order information. When registering for an account, you agree to provide accurate, complete and up-to-date information as requested and to keep such information updated.

If you register for an account, you will choose a password and account username or ID. You are solely responsible and liable for (a) keeping your password and account access information confidential and secure, (b) any and all transactions and activities that occur under your account or login credentials, and (c) maintaining the accuracy and completeness of account information displayed, submitted or transmitted through your account. Please notify us immediately upon discovering or suspecting any unauthorized use of your account. We will not be liable for any loss or damage arising from any unauthorized use of your account.

SECTION 4 – DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY

4.1 General Disclaimer

Your access to and use of our Website and Store is at your own risk. Our Website and Store are provided “as is” and “as available” without any representations, warranties, guarantees or conditions of any kind whatsoever, express or implied. We make no representations, warranties or guarantees regarding the availability, accuracy, completeness, reliability, timeliness, quality, security or suitability of our Website, Store, products, services, content, information or other materials.

Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, inaccuracies, omissions, defects or harmful components that may be transmitted or that may infect your computer equipment, computing device, data or other proprietary material due to your access to, browsing or use of our Website or Store or your downloading of any information or materials therein.

4.2 Online Purchases Disclaimer

We make efforts to accurately and reliably display product information including pricing, images, availability and related content on our Store. Despite our efforts, pricing, typographical or other errors may occur. We reserve the right to correct any errors, inaccuracies or omissions and to change product information, specifications, pricing, images and availability at any time without prior notice.

We cannot and do not guarantee the accuracy, integrity, quality, suitability or completeness of any product information including pricing, images, availability, features, specifications, promotions, offers or other details displayed on the Store.Product descriptions, images, references and details were obtained from various sources such as the respective product manufacturer, distributor or supplier.While we make efforts to ensure product information is up to date and accurate, actual product packaging, materials, ingredients, attributes and quantities may contain more and/or different information than displayed on our Website. You should always read all product labels, warnings, directions and instructions prior to use.

To the extent any inaccuracies, errors, omissions, defects or other discrepancies or inconsistencies appear on the Store, we make no representations or warranties regarding such information or the products themselves. You expressly acknowledge and agree that your purchase and use of any product is entirely at your own risk. We do not warrant that the products offered on the Store will meet your requirements, that use of such products will be uninterrupted or error-free, that any defects will be correctable or correctable in a timely manner or that the products will be compatible with any third party products, equipment or software requirements.

We reserve the right to inspect all product returns, replacements or refunds. In the event a product is listed at an incorrect price due to typographical, pricing, technical or other error, we shall have the right to refuse, cancel or terminate any orders placed for such incorrectly priced product. If your credit/debit card has already been charged and your order is canceled or terminated for such reason, the charge will be immediately reversed or a refund will be issued promptly.

4.3 Damage Exclusions

In no event shall Zeyar®, our directors, officers, employees, affiliates, agents, contractors, principals, partners, licensors, service providers, content providers or the like be liable for any loss, damage or harm of any sort arising out of or in connection with the Website, Store or these Terms including:

Any direct, indirect, special, consequential, exemplary, incidental, punitive or other losses, damages or harms arising out of or in connection with the Website, Store or these Terms, however arising, even if foreseeable or if we have been advised of the possibility of such damages. Applicable law may not allow or permit the exclusion or limitation of certain damages, so some or all of such exclusions and limitations set forth herein may not apply to you.
Any loss or damage arising from loss, corruption or unauthorized access to data or information on the Website or Store, including but not limited to your content, information or other data.
Any loss of revenue, income, profits, goodwill, opportunity or anticipated savings or loss of business.
Any loss or damage related to or arising from any third party content, information or materials made available through or in connection with using our Website or Store.
Any loss or damage relating to or arising from any uncompleted purchase transactions or other transactions or interactions with other users or third parties.
Any loss, damage or harm arising from or caused by malware, viruses, spyware, ransomware or other malicious software or code that is downloaded, installed, accessed, used or transmitted via the Website or Store. You are solely responsible for adequate protecting and maintaining anti-virus and other malware screening and detection software and services and for any resulting loss or damage to your content, data or equipment.

4.4 Warranty Exclusions

The information, content, products, services, software text, graphics and all other materials that may be available through our Website or Store are provided on an “as is” and “as available” basis without warranties, representations or conditions of any kind, either express or implied. The Website and Store are provided without any particular warranty of fitness for a particular purpose, non-infringement of third party rights, security, availability, accessibility or performance.

We do not provide any warranties against viruses, malware, vulnerabilities, defects, threats or other harmful or disenabling components that may affect your access, use or receipt of content. Your access and use of our Website and Store remains solely at your own risk.

No advice or information (whether oral or written) obtained by you from us, our Website, Store or other works shall create any warranty. We do not provide or make any representations regarding the use, validity, accuracy, availability, reliability, security, quality, stability or appropriateness of the Website, Store or any content, product, service, software, code, data, information or results obtained from accessing or using the Website or Store.

We make no warranties of merchantability, title, fitness for a particular purpose or non-infringement. We do not guarantee continuous, uninterrupted or secure access to our Website or Store. We provide no guarantee that the information transmitted will be free from loss, corruption, attack, viruses, interference, hacking or other harm or security breaches.

4.5 Limitation of Liability

Our entire liability and your sole remedy under these Terms and your access and use of our Website and Store shall not exceed $100. You expressly waive any claim that these exclusions or limitations of liability deprive you of an adequate remedy or cause these Terms to fail in their essential purpose.

Under no circumstances shall we be liable for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from or related to your use of the Website or Store including but not limited to your reliance on any information obtained therefrom. You assume full responsibility and risk of loss resulting from your use of or access to the Website and Store.

Certain laws limit or do not allow disclaimers of implied warranties or exclusions of certain damages, so some or all of the above disclaimers, exclusions and limitations may not apply and liability limitations may not apply.

SECTION 5 – CONTACT

Please submit any questions, comments, requests, or corrections regarding these Terms and Conditions to our Customer Support at the following:

Email: [email protected]

Phone: (615) 777-1234

We will make an effort to respond promptly and address any concerns you may have regarding these Terms. However, we are under no obligation to respond or take any corrective action in response to any inquiries or notices.

These Terms are effective as of January 1, 2023.