Terms of use

Zappos Insights’ Terms of Use

Last Updated: September 14, 2015

Welcome to the website (the “Site”) of Zappos Insights, Inc. (“Zappos Insights”). Zappos Insights provides its services to you subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”). In addition, when you use any Zappos Insights service (e.g., blogs and chat rooms), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. Zappos Insights reserves the right to change this Site and these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

USE OF SITE

You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.

Subject to the terms and conditions of this Agreement, Zappos Insights hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser as explicitly permitted herein. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Zappos Insights in writing. Zappos Insights reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if Zappos Insights believes that customer conduct violates applicable law or is harmful to Zappos Insights’ interests.

You shall not upload to, distribute, or otherwise publish through this Site any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

Content provided on this site is solely for informational purposes. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect the opinions of Zappos Insights.

Zappos Insights may assign you a password and accountidentification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and Zappos Insights has no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Zappos Insights of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.

When you use the Site, or send e-mails to us, you are communicating with us electronically.  You consent to receive communications from us electronically.  We will communicate with you by e-mail or by posting notices on the Site or through our other services.  You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.

BLOG COMMENTS AND CHAT ROOMS

Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide Zappos Insights, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as nonconfidential and nonproprietary, and Zappos Insights shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the soleand exclusive property of Zappos Insights and shall not be returned to you.

In addition to the rights applicable to any Submission, when you post comments to the Site, you also grant Zappos Insights the right to use the name that you submit or other content, if any. You represent and warrant that you own or otherwise control all of the rights to the comments and other Content that you post on this Site and that use of your comments or other content by Zappos Insights will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead Zappos Insights or third parties as to the origin of any Submissions or content. Zappos Insights may, but shall not be obligated to, remove or edit any Submissions (including comments) for any reason.

INTELLECTUAL PROPERTY

All text, graphics, button icons, images, audio clips and software (collectively, “Content”), belongs to Zappos Insights or its Content suppliers. The collection, arrangement and assembly of all Content on this Site (the “Compilation”) belongs exclusively to Zappos Insights or its software suppliers. All software used on this Site (the “Software”) is the property of Zappos Insights or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. Zappos Insights and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of Zappos Insights, its suppliers, or third parties. The use of any Zappos Insights trademark or service mark without Zappos Insights’ express written consent is strictly prohibited. You may not use any Zappos Insights trademark or service mark in connection with any non-Zappos Insights service or in any way that is likely to cause confusion. You may not use Zappos Insights’ trademarks or service marks in any manner that disparages or discredits Zappos Insights. You may not use any of the Zappos Insights trademarks or service marks in meta tags without the prior explicit consent of Zappos Insights.

PRIVACY POLICY

Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices. Our Privacy Policy is available at http://www.zapposinsights/main/privacy-policy.

TERMINATION AND EFFECT OF TERMINATION

In addition to any other legal or equitable remedies, Zappos Insights may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and Zappos Insights shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and accountidentification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including, without limitation, payment obligations) of the parties arising before the date of termination.

INTERNATIONAL ACCESS

This Site may be accessed from countries other than the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.

DISCLAIMER AND LIMITATION OF LIABILITY

EXCEPT AS MAY BE PROVIDED IN STANDARD TERMS OF SALE THAT GOVERN THE SALE OF ANY SERVICES ON THIS SITE, THIS SITE, THE SERVICES OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY ZAPPOS INSIGHTS ON AN “AS IS” BASIS. ZAPPOS INSIGHTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON THIS SITE EXCEPT TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ZAPPOS INSIGHTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. ZAPPOS INSIGHTS DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZAPPOS INSIGHTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZAPPOS INSIGHTS’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO ZAPPOS INSIGHTS DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO ZAPPOS INSIGHTS’ LIABILITY.

TYPOGRAPHICAL ERRORS

In the event a service is listed at an incorrect price or with incorrect information due to a typographical error, Zappos Insights shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Zappos Insights 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, Zappos Insights shall immediately issue a credit to your credit card accountin the amount of the charge.

LINKS

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Zappos Insights is not responsible for the operation of or content located on or through any such site.

COPYRIGHT COMPLAINTS

Zappos Insights respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please click here to follow our Notice and Procedure for Making Claims of Copyright Infringement.

REMEDIES

You agree that Zappos Insights’ remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Zappos Insights shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Zappos Insights may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.

No right or remedy of Zappos Insights shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.

No instance of waiver by Zappos Insights of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.

APPLICABLE LAW

By using the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Nevada, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and us.

DISPUTES

Any dispute or claim relating in any way to your use of the Site, or to any products or services sold or distributed by us or through zapposinsights.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent CSC Services of Nevada, Inc., 2215-B Renaissance Drive, Las Vegas, NV 89119.  The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

SEVERABILITY

If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

OUR ADDRESS

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:

Zappos Insights, Inc.

400 E. Stewart Ave.

Las Vegas, NV 89101

"What you guys are doing is truly remarkable work, and I think you are going to play a big hand in helping change the way we all do business."

Rich Scott
Feelgoodz - National Accounts