Terms of Use

Terms of Use Agreement between User and Zabellos

The dev-zab.digitalarrowtech.com Website (“Zabellos”) is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained in this Agreement (“Agreement”). Your use of the Zabellos Website constitutes your agreement to all such terms, conditions, and notices. Your use of the Zabellos Website may also be subject to additional terms outlined elsewhere on the Website (the “Additional Terms”). Additionally, the Zabellos Website may contain additional terms that govern particular features or offers (for example, sweepstakes or chat areas). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Zabellos website, then these terms shall control.

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEBSITE (this “Website”). By accessing or using this Website, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you must discontinue any use whatsoever of the Zabellos Website.

Refund Policy

If you are not satisfied with your shoe repair, notice must be given to .(JavaScript must be enabled to view this email address) within 5 days of your receiving the repaired shoes back from Zabellos. The notice must specify the reason you are unsatisfied with the repair so that Zabellos can be given the opportunity to resolve the issue. Upon receipt of your notice, Zabellos will issue a voucher at no cost to you which is good for an additional repair of the same pair of shoes. This voucher is only redeemable for subsequent repairs of the unsatisfactorily repaired shoes and must be utilized within 10 days of receipt. If after a subsequent repair, you are still unsatisfied, Zabellos shall at its discretion provide a full refund in the form of a credit against your account.

Use Of Website. Personal And Non-Commercial Use Limitation.

The Zabellos Website is for your personal and noncommercial use. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from or through the Zabellos Website.

You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Website solely for your own noncommercial use, or to place an order with Zabellos or to purchase Zabellos products or services. Any other use of materials on this Website, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Website, without prior written permission from Zabellos is strictly prohibited.

Harassment in any manner or form on the Zabellos Website, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including Zabellos employees, agents, host, or representative or other members or visitors on the Website is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization.

Age Restriction

Zabellos does not direct any of our content specifically to children. Users of our Website are required to be at least 18 years old, and any user under 18 is not an authorized user. If we learn that a user is under thirteen (13) years of age, we will promptly delete any Personal Information we have collected about that user.

Copyrights And Trademarks

The entire content included in this Website, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of Zabellos (collectively “Copyrighted Content”). The collective work includes works that are licensed to Zabellos. All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks or registered trademarks of and are proprietary to Zabellos, or other respective owners that have granted Zabellos the right and license to use such Marks. Unless otherwise permitted under this Agreement you are expressly prohibited from copying or utilizing the Copyrighted Content and the Marks without express written permission from Zabellos.

Notices And Procedures For Making Claims Of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website’s designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. Zabellos respects the intellectual property of others, and we ask our users and visitors to do the same. Zabellos will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Zabellos will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

If you believe your work has been copied in a way that constitutes copyright infringement, please provide Zabellos the following information. Please be advised that to be effective, the Notification must include ALL of the following:

1.1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2.2. a description of the copyrighted work that you claim has been infringed;
3.3. a description of where the material that you claim is infringing is located on the Website;
4.4. your address, telephone number, and email address and all other information reasonably sufficient to permit Zabellos to contact you;
5.5. 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;
6.6. 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 behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be directed to:

By mail:
Zabellos
9842 Glenoaks Blvd
Sun Valley, CA 91352

.(JavaScript must be enabled to view this email address) (please include “Notice of Infringement” in the subject line)

Important note: the preceding information is provided exclusively for notifying Zabellos that your copyrighted material may have been infringed. All other inquiries, such as product or service related questions and requests, or questions on privacy, will not receive a response through this process.

Typographical Errors

In the event a Zabellos product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Zabellos shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. Zabellos shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Zabellos shall issue a credit to your credit card account in the amount of the incorrect price.

User Submissions

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this Website (“Communications”) will be considered non-confidential and non-proprietary. Zabellos will have no obligations with respect to the Communications. Zabellos and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes (“Granted Rights”). By providing Communications to Zabellos you grant a perpetual, worldwide, royalty free license with full right to sublicense for the Granted Rights.

Third-Party Links

In an attempt to provide increased value to our visitors, this Website may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). However, even if the third party is affiliated with Zabellos, Zabellos has no control over these External Sites, all of which have separate privacy and data collection practices, independent of Zabellos. Zabellos has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such Websites. These External Sites are only for your convenience and therefore you access them at your own risk. Links do not imply that Zabellos sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, Zabellos seeks to protect the integrity of its Website and the links placed upon it and therefore requests any feedback on not only its own Website, but for sites it links to as well (including if a specific link does not work).You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

Claims

Each claim or statement about the effectiveness of Zabellos products and services and/or each claim or statement comparing the effectiveness of Zabellos products and services to the effectiveness of other products and services is expressly limited to the United States, unless otherwise disclosed on the Website.

Disclaimer

Zabellos makes no warranties or representations about the accuracy or completeness of this Website’s content or the content of any site or External Sites.

Zabellos does not filter advertisements or other content that children may view through our Websites or “hot-linked” External Sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using electronic filtering software.

This Website and the materials, information, services, and products in this Website, including, without limitation, text, graphics, and links, are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Zabellos disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. Zabellos does not represent or warrant that the functions contained in the Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or other harmful components. Zabellos does not make any warranties or representations regarding the use of the materials in this Website in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. The above limitations may not apply to you.

Limitation Of Liability

In no event shall Zabellos be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages, or any damages whatsoever, even if Zabellos has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this Website. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

Destruction or Loss of Products

In the event your shoes are destroyed or lost as a result of actions taken by Zabellos, Zabellos shall use all reasonable efforts to restore your shoes or locate them. In the event your shoes cannot be repaired or located, you may submit a loss claim to Zabellos. To submit a claim you must provide 1) a short description of the items lost or destroyed, 2) a receipt evidencing the amount originally paid for the item, and 3) written proof Zabellos received your shoes. Please submit claims to the address listed below:

Zabellos
9842 Glenoaks Blvd
Sun Valley, CA 91352
.(JavaScript must be enabled to view this email address)

Your refund will be issued in the form of a credit for future use at Zabellos. In consideration of any credit issued, you agree to release any and all present and future claims arising out of the repair of your shoes against Zabellos and will indemnify and hold Zabellos harmless against any third party claims arising out of the repair of your shoes.

Indemnification

You agree to indemnify, defend, and hold harmless Zabellos, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Website using your Internet account.

Applicable Laws

Your use of this Website shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Website (including but not limited to the purchase of Zabellos products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the Website (including but not limited to the purchase of Zabellos products) must be commenced within one (1) year after the claim or cause of action arises. Zabellos’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Zabellos may assign its rights and duties under this Agreement to any party at any time without notice to you.

Zabellos makes no representation that materials in the Website are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Website from locations outside California do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of California.

Arbitration

By using this Website, you agree that Zabellos, at its sole discretion, may require you to submit any disputes arising from the use of this Website, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.

Changes to Terms of Use

If we make any material changes to the Terms of Use, we will post a notice on this Website notifying users of the changes. In some cases, we also may send an email notifying users of the changes. You should check this Website periodically to see if any recent changes to the Terms of Use have occurred. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Website. If you have questions regarding our Terms of Use please contact us at:

Zabellos
9842 Glenoaks Blvd
Sun Valley, CA 91352
.(JavaScript must be enabled to view this email address)