By creating an account and/or purchasing through ZehnTek LLC, you agree to these conditions.
ELECTRONIC COMMUNICATIONS
When you use ZehnTek Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other ZehnTek Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in or made available through any ZehnTek Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of ZehnTek or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any ZehnTek Service is the exclusive property of ZehnTek and protected by U.S. and international copyright laws.
TRADEMARKS
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any ZehnTek Service are trademarks or trade dress of ZehnTek in the U.S. and other countries. ZehnTek's trademarks and trade dress may not be used in connection with any product or service that is not ZehnTek's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ZehnTek. All other trademarks not owned by ZehnTek that appear in any ZehnTek Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ZehnTek.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, ZehnTek or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the ZehnTek Services. This license does not include any resale or commercial use of any ZehnTek Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any ZehnTek Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by ZehnTek or its licensors, suppliers, publishers, rightsholders, or other content providers. No ZehnTek Service, nor any part of any ZehnTek Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ZehnTek. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ZehnTek without express written consent. You may not use any meta tags or any other "hidden text" utilizing ZehnTek's name or trademarks without the express written consent of ZehnTek. You may not misuse the ZehnTek Services. You may use the ZehnTek Services only as permitted by law. The licenses granted by ZehnTek terminate if you do not comply with these Conditions of Use or any Service Terms.
YOUR ACCOUNT
You may need your own ZehnTek account to use certain ZehnTek Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the ZehnTek Services only with involvement of a parent or guardian. ZehnTek reserves the right to refuse service, terminate accounts, terminate your rights to use ZehnTek Services, remove or edit content, or cancel orders in its sole discretion.
INTELLECTUAL PROPERTY COMPLAINTS
ZehnTek respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please send your correspondence to info@zehntek.com.
RISK OF LOSS
All purchases of physical items from ZehnTek are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
ZehnTek does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, ZehnTek does not take title to the refunded item. For more information about our returns and refunds, please send your correspondence to info@zehntek.com.
PRODUCT DESCRIPTIONS
ZehnTek attempts to be as accurate as possible. However, ZehnTek does not warrant that product descriptions or other content of any ZehnTek Service is accurate, complete, reliable, current, or error-free. If a product offered by ZehnTek itself is not as described, your sole remedy is to return it in unused condition.
PRICING "List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on ZehnTek and other retailers. With respect to items sold by ZehnTek, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by ZehnTek is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.We generally do not charge your credit card or invoice your company until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE ZEHNTEK SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ZEHNTEK SERVICES ARE PROVIDED BY ZEHNTEK ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ZEHNTEK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ZEHNTEK SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ZEHNTEK SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ZEHNTEK SERVICES IS AT YOUR SOLE RISK.TO THE FULL EXTENT PERMISSIBLE BY LAW, ZEHNTEK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ZEHNTEK DOES NOT WARRANT THAT THE ZEHNTEK SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ZEHNTEK SERVICES, ZEHNTEK'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM ZEHNTEK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, ZEHNTEK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY ZEHNTEK SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY ZEHNTEK SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
DISPUTES
Any dispute or claim relating in any way to your use of any ZehnTek Service, or to any products or services sold or distributed by ZehnTek or through ZehnTek.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 Conditions of Use as a court would.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.
APPLICABLE LAW
By using any ZehnTek Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the commonwealth of Massachusetts, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and ZehnTek.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of ZehnTek Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.