Welcome to Zaycon Fresh! Please take the time to read through the Agreement below to understand the terms and conditions of using this website and the associated services.
By using the Site or any Services, you represent to us that you are at least 18 years old. Use of the Site or any Services by children under the age of 18 years is prohibited, unless an area of the Site specifically states otherwise. Your use of the Site and the Services is subject to your acceptance of and compliance with this Agreement. By using the Site and/or the Services, you accept and agree to be bound by the terms of this Agreement. If you do not accept all the terms of this Agreement, you should not use (and you have no right to use) the Site or Services, and you should cease any use immediately.
Among other services and content that Zaycon provides on the Site, Zaycon’s Services include online ordering and coordination of local sales events allowing consumers to take advantage of combined buying power to purchase high-quality foods and other products (collectively the “Products”), directly from farmers and other producers and suppliers.
Orders must be placed prior to posted cut-off times with respect to each sales event. After completing the check-out process, if your credit information is successfully processed you will receive an order confirmation as proof of purchase. Errors in order processing may occur from time to time and are subject to correction. To receive the ordered Product, you must present valid proof of purchase at the designated time and place of the sales event shown on the confirmation. Most Zaycon Products cannot be shipped directly to Zaycon’s customers. Unless expressly stated on the product page, purchased Products can only be received by customer pick-up at a scheduled sales event.
Zaycon, in its sole discretion, may reject any order or limit quantities in any order for any reason or for no reason. If we reject or adjust any aspect of your order, we will attempt to notify you.
Zaycon hereby disclaims liability for any personal injury or property damage occurring at a Zaycon sales event except where it is the direct result of the gross negligence or intentional acts or omissions of Zaycon or its employees, subject to the limitations of this Agreement.
Order cancellations, refunds, and credit for missed sales events are governed by our Refund Policy which is hereby incorporated and made a part of this Agreement.
Occasionally, unintentional pricing or typographical errors may occur on the Site and other Zaycon materials. If we discover that an item is listed at an incorrect price or with incorrect information, Zaycon shall have the right to refuse or cancel any purchased orders placed for that item. Zaycon reserves the right to correct any errors, inaccuracies or omissions and to change or update the pricing, availability and product descriptions at any time without notice. Prices and availability of Products are subject to change without notice, including, but not limited to, special promotions and offers. Zaycon, in its sole discretion, may choose to suspend, change, terminate and/or refuse to accept any special offers, promotions, discounts or awards in the event of (i) advertising mistakes; (ii) any suspected or actual misuse, fraud or abuse relating to such offers, promotions, discounts or awards; or (iii) for any other reason, without notice to you.
Product availability is not guaranteed and is subject to change without notice. If the item that you have purchased is no longer available for any reason, Zaycon will issue a refund to your credit card or a credit to your account per the terms of the Refund Policy. Occasionally due to circumstances beyond Zaycon’s control, the date, time, and or location of a scheduled sales event must be changed. In the event of such a change Zaycon will make reasonable efforts to attempt to contact you with updated information about the sales event.
If Zaycon cancels an order for which your credit card has been charged, Zaycon will issue a refund to your credit card per the terms of the Refund Policy.
Using the Site and/or Services does not create an employer-employee, principal-agent, joint-venture, franchise, partnership or independent contractor relationship of any type between you and Zaycon. You are solely responsible for paying all fees and applicable taxes associated with the Services in a timely manner with a valid payment method. Unless otherwise stated, all prices are quoted in U.S. Dollars.
We may discontinue some or all of any Software at any time. We may also terminate your right to use any Software at any time, and in such event we may modify it to make it inoperable. You agree to abide by all laws and regulations in effect regarding your use of the Software, including without limitation, its unauthorized use in connection with any copyrighted content. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.
We may discontinue some or all of the Services and/or Site functionality at any time. We may also terminate your right to use or access the Site and/or Services at any time, and we may also modify the Site and/or Services it to make them unavailable or inoperable. You agree to abide by all laws and regulations in effect regarding your use of the Site and/or Services, including without limitation, its unauthorized use in connection with any copyrighted content. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.
If you use any part of the Site or Services that requires a user name or password, you agree to provide us with complete, accurate and current registration information as prompted by the Site. You are solely responsible for maintaining the confidentiality and security of your account, password and computer and phone equipment. You agree to notify Zaycon immediately if you learn that the security of your account is compromised. Zaycon reserves the right to take any action that it deems necessary or reasonable to ensure the security of the Site, the Services or your account, including without limitation terminating your account, changing your password or requesting additional information to authorize transactions on your account. Notwithstanding the above, Zaycon may rely on the authority of anyone accessing your account or using your password. Zaycon will not be liable to you for any action or inaction of Zaycon under this “Password and Account Access” provision, any compromise of the confidentiality of your account or password, or any unauthorized access to your account or use of your password. On the other hand, you may be liable for losses incurred by Zaycon as a result of someone else using your account.
All content and copyrighted and copyrightable materials on the Site, including, without limitation, the text, graphics, pictures, videos, sound files and other files, design, compilation, Zaycon logo, and the selection, arrangement, organization and magnetic translation thereof (“Materials”) are the property of Zaycon or its third-party licensors and are protected by United States and international copyright laws. Zaycon or its third-party licensors, own all right, title and interest in and to the Materials, and nothing in this Agreement shall be interpreted to grant a license or ownership interest in or to the Materials. None of the Materials may be copied, in whole or in part, without express written permission by the copyright holder, and all rights are expressly reserved.
All product names and logos, including without limitation ZAYCON®, ZAYCON FOODS®, ZAYCON FRESH™, the ZAYCON FRESH logo, and all other marks and logos included on the Site (“Marks”) are registered trademarks or trademarks of Zaycon or its partners, suppliers or licensors, and may not be copied, imitated or used as trademarks or otherwise, in whole or in part, without the express prior written permission of Zaycon or its partners, suppliers or licensors, as applicable. All rights are expressly reserved, and nothing in this Agreement shall be interpreted to grant a license or ownership interest in or to any of the Marks.
Except to the limited extent expressly provided in this Agreement, Zaycon makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites or services accessible by hyperlink from this Site, or third-party Web sites linking to this Site. Such linked Web sites are not under the control of Zaycon and Zaycon is not responsible for the content of any such linked Web site. Zaycon is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Zaycon of the Web site or any information contained therein. Zaycon is not responsible or liable, directly or indirectly, for any damage or loss caused to you by or in connection with such third-party Web sites. When leaving the Zaycon Site, you should be aware that Zaycon’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that Web site.
You hereby release, and shall defend, indemnify, and hold harmless, Zaycon and its owners, officers, members, managers, directors, shareholders, subsidiaries, joint-ventures, partners, suppliers, employees, agents, licensors, and licensees from and against any and all claims, actions, suits, proceedings, demands, losses, liabilities, damages, judgments, settlements, penalties, costs, and expenses (including without limitation all reasonable attorneys’ fees), known and unknown, arising out of (i) your use of the Services or Site; (ii) any dispute between you and any other party; or (iii) any violation or breach of this Agreement.
If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ZAYCON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ZAYCON DOES NOT WARRANT THAT THE SITE, THE SERVICES, OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR ZAYCON’S SERVERS, OR ANY EMAIL OR OTHER COMMUNICATIONS SENT BY ZAYCON, IS ACCURATE, COMPLETE, RELIABLE, TIMELY, UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR WILL OTHERWISE MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK AND RESPONSIBILITY. ZAYCON, ON BEHALF OF ITSELF AND ITS LICENSORS AND CUSTOMERS, MAKES NO WARRANTY OF NON-INFRINGEMENT WITH RESPECT TO THE SITE, SERVICES, ANY CONTENT, OR ANY OTHER MATERIAL.
Except where stated explicitly on the Site or other Zaycon materials, Zaycon makes no representations or warranties regarding the Services or any qualities, traits, content or grade of, or information relating to, the Products sold or advertised for sale on the Site.
Zaycon shall not be liable for any direct, indirect, incidental, punitive, or consequential damages arising from your use of the Site or Services, or from any information, content, materials, products, or services included on or otherwise made available to you through the Site or Services.
Without limiting the foregoing, Zaycon recommends that you not use the Site or Services during automobile driving or other activities that pose a significant risk of accident or injury if conducted while using a mobile device or computer. You acknowledge that any such use is at your sole risk.
Zaycon will not have any liability to you for usage or other charges related to any device that you use to access the Site or Services, including, without limitation, usage charges for mobile telephones, PDAs, car navigation systems, pagers, and other devices, whether wireless, wireline, internet-enabled or otherwise.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the disclaimers, exclusions or limitations in this Agreement may not apply to you, and you might have additional rights.
Zaycon respects the intellectual property of others. If you believe that your work has been copied and has been posted to the Site or Services in a way that constitutes copyright infringement, please send a claim to Zaycon’ Copyright Agent as follows:Attn: Elizabeth Bartch
The content of your claim should include the following written information:
Upon receiving a claim of copyright infringement, Zaycon may, at its sole discretion, immediately remove any materials that are the subject of the claim without providing prior notice to the user responsible for such materials. Zaycon may, at its sole discretion, decide to restore any remove materials depending on the specific facts of a given situation.
If you believe that your trademark, patent or other intellectual property other than copyright has been infringed by a user of the Site or Services arising out of that user’s use of the Site or Services, please provide Zaycon the following written information:
This Agreement shall commence on the date you begin using the Site or Services and shall remain in effect for the duration of such use. This Agreement may be terminated at any time by Zaycon for any reason or for no reason. If you do not agree to the terms and obligations of this Agreement, you must immediately discontinue your use of the Site or Services, and you may not use (and have no right to use) the Site or the Services unless and until you acknowledge your agreement to this Agreement.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED ACCORDING TO THE LAWS OF THE STATE OF Washington. YOU AGREE THAT ANY CLAIM OR DISPUTE ARISING UNDER OR RELATING TO THIS AGREEMENT, THE SITE OR THE SERVICES (“CLAIM”) WILL BE SUBJECT TO THE JURISDICTION OF THE APPLICABLE STATE OR FEDERAL COURTS LOCATED IN SPOKANE COUNTY, WASHINGTON, USA, AND YOU CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN SUCH COURTS.
This Agreement is fully assignable by Zaycon, but it is not assignable by you. Each user of the Site or Services must individually agree to this Agreement. Notwithstanding the foregoing, this agreement is binding on, and is enforceable against, any of your successors or assigns.
This Agreement constitutes the entire agreement between the Parties with regard to the subject matter contained herein. All prior or contemporaneous agreements, written or oral, between the Parties relating any subject matter covered herein, are hereby superseded by this Agreement.
The invalidity or unenforceability of any provision within this Agreement shall in no way affect the validity or enforceability of the remainder of this Agreement or any other provision hereof. If any provision is deemed to be invalid or unenforceable, an arbitrator or court, as the case may be, shall make efforts to enforce the remainder of this Agreement to the maximum extent possible.
You acknowledge that this Agreement was drafted by counsel for Zaycon. You represent that you have sought independent legal advice or have waived such right after being given adequate time to seek such advice. This Agreement shall be interpreted fairly in accordance with its terms and without any strict construction in favor of or against either party.