Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE CONTINUING. YOUR CONSENT TO THESE TERMS AND CONDITIONS IS REQUIRED TO BECOME A ZAVERS℠ ACCOUNT HOLDER.
- Products, Content and Specifications. All features, content, specifications, products and services described or depicted on this Web Site, including any coupons, savings or discount incentives (“collectively, “Incentives”) are subject to change at any time without notice. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time.
- Accuracy of Information. Zavers attempts to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness or accuracy of any information on this Web Site. For example, products for which Incentives are included on the Web Site may be unavailable, and/or they may have different attributes than those listed. In addition, we may make changes in information about price and availability without notice.
- Use of this Web Site. The Web Site design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are either the property of, or used with permission by, Zavers and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the materials located on this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose.
- Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of Zavers and its affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on the Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of Zavers or such third party owner. Any unauthorized use of any such materials may violate copyright laws, trademark laws, the laws of privacy and publicity, and other laws and regulations.
- Linking to this Web Site. Creating or maintaining any link from another Web site to any page on this Web Site without Zavers’s prior written permission is prohibited. Running or displaying this Web Site or any material displayed hereon from this Web Site in frames or through similar means on another Web site without Zavers’s prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.
- Third Party Links. From time to time, this Web Site may contain links to other Web sites. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither Zavers nor any of its affiliates are responsible for any content, materials or other information located on or accessible from any such Web site. Neither Zavers nor any of its affiliates endorse, guarantee, or make any representations or warranties regarding any other Web site, or any content, materials or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from this Web Site, you do this entirely at your own risk.
- Inappropriate Use. Zavers reserves the right to terminate any Account Holder for actions that Zavers in its sole discretion believes are inappropriate or harmful to Zavers, its trusted partners or other account holders.
- Account Holder Information (Collection and Use). In addition to the personally identifiable information collected and used in accordance with the Zavers’ Privacy Policy (which is hereby incorporated by reference), Zavers collects and uses personally identifiable information and other personal information about Account Holders to develop, deliver, and improve its services. The information Zavers collects includes:
- Any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this our Web Site in any manner ("User Communications"). User Communications are and will be considered non-confidential and non-proprietary, and Zavers and its trusted partners may use them for any purpose whatsoever, including reproduction, broadcast, and marketing.
- Information on purchases by Account Holders using Zavers Incentives.
- Information on purchases by Account Holders unrelated to Zavers Incentives. As part of its market research and product development, Zavers may track an Account Holder’s purchase of a manufacturer’s product, or products, for which Zavers is not currently offering Incentives and Zavers may share an individual Account Holder’s purchasing habits or Account Holders’ aggregated purchasing habits with manufacturers or Zavers trusted partners.
- DISCLAIMERS. YOUR USE OF THE SITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER Zavers NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEB SITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER Zavers NOR ANY OF ITS AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
- LIMITATIONS OF LIABILITY. Zavers does not assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site or your downloading of any materials, from this Web Site. IN NO EVENT WILL Zavers, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED USING INCENTIVES FROM THIS WEB SITE, YOU AGREE THAT YOUR REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE RETAILER’S AND/OR MANUFACTURER’S WEB SITE.
- Revisions to these Terms and Conditions. Zavers may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Web Site.
- Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and Zavers to the extent necessary to resolve any inconsistency or ambiguity between them. This Web Site is administered by Zavers from its offices in KANSAS CITY, KANSAS. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of KANSAS, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Web Site shall be brought only in the State or Federal Courts of KANSAS. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Termination. You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice. In the event of termination, you agree that you have no ownership rights in, nor any claims for damages arising from the loss of use of, Incentives you have saved.
- Additional Assistance. If you do not understand any of the foregoing Term and Conditions or if you have any questions or comments, we invite you to contact our customer service department at www.zavers.com/contact_us. We value your business, and we are committed to making your experience an enjoyable one. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE CONTINUING. BY USING THIS SITE, YOU AGREE TO THESE TERMS AND CONDITIONS.