TERMS AND CONDITIONS - Ziba Wood - Premium Wood Sunglasses

Ziba Wood Term and Conditions

The following terms and conditions (“Agreement”) govern the use of the Ziba Wood website

(“Website”). The Website reserves the right to change this Agreement that governs Buyer’s use

of the Website. Use of the Website following any such change constitutes Buyer’s agreement to

follow and be bound by the amended Agreement. The Website may make these changes

without your consent, without notice, and at Website’s sole discretion, which may be exercised

unreasonably.

Buyer agrees and understands that all Products contained and materials portrayed on the

Website are intended for adults over the age of 18; Seller’s Products are not meant for children

under the age of 18 and Buyer should keep Products out of reach of children. Buyer agrees and

warrants that they are an adult over the age of 18 and thereby not protected by the Child

Online Privacy Act. Products sold on this Website should not be given to children.

Parties to this Agreement and Disclaimer

The parties to this Agreement are the Website or its owners (“Sellers”), and you, the

prospective purchaser (“Buyer”). Persons or entities who are not participants in this Agreement

but who have an indirect relationship, such as a supplier, joint venture partner, membership

organization, or sales affiliate, are herein described as third party or third parties (respectively,

“Third Party” or “Third Parties”). The recipient of the product herein sold, where said product

is ordered by and paid for by someone other than the recipient, is classified herein as if that

recipient were the ordering Buyer with the same rights, duties, and obligations as the “Buyer”.

Subject Matter of this Agreement

The subject matter of this agreement is the Product herein described on this Website and its

contents are incorporated herein by reference and made a part hereof and constitute a

complete description of the Product that is the subject matter of this Agreement. Any bundle of

offerings, including additional items promoted on the order page, shall together be termed

product (“Product(s)”) throughout this Agreement but the word Product shall also incorporate

all elements offered in any sale, whether digital, dimensional or other license or right, and will

include all sales or promotional materials.

Shipping Terms and Conditions

All orders placed are shipped out during normal operating business hours. We will ship all

domestic orders based on your selection at checkout. All shipments, domestic and

international, are only shipped via USPS, UPS or FedEx. The Buyer will not incur any additional

shipping charges other than what was paid for during checkout.

Refund Policy

All Products are sold “as -is” without warranty or guarantee of any kind, either express or

implied, including no warranty as to merchantability or fitness for a particular purpose. The

Seller warrants and guarantees nothing with regard to the Product sold. There is no period of

warranty for the products.

If the Buyer is purchasing a Product, through this Website, that is provided or made by a Third

Party, the Buyer must look to the Third Party for warranties or guarantees, and understand that

the warranties or guarantees of the Third Party are Buyer’s only recourse for refunds of

Product.

Rights and Obligations of the Buyer

The Buyer must pay the full consideration for the Product that the Seller requires as the total

price of the Product. This consideration includes not only the purchase price, but other

obligations that the Buyer accepts as well as potential rights the Buyer agrees to forego. By

accepting this Agreement, the Buyer agrees to receive continuing follow-up contact from the

Seller including email, mail, newsletters, Product updates, Product recall notices, Product

improvements, telephone calls from the Seller and/or telemarking organizations and/or

pollsters for the purpose of solicitation related to the instant Product or any other Product

purchased. Buyer agrees to post-sale contact from joint venture partners of the Seller or from

others who have a commercial relationship with the Seller. Buyer agrees that all personal

information about the Buyer or his or her buying habits and preferences, including address and

phone number, may be placed in a general database and Buyer agrees that this information

may be shared, rented or sold to Third Parties. However, Buyer shall at all times be fully

empowered to sever contact with the Seller by notification using the “unsubscribe” link in

solicitations. Moreover, the Buyer retains the right to refuse specific contact with some Third

Party solicitors and maintain it with others. The Buyer retains the right to have his or her name

removed from a general solicitation database. The Buyer’s agreement to accept solicitation and

contact may be reduced, enhanced, limited or terminated by notification to anyone contacting

the Buyer. The burden is on the Buyer to prove that such communication was made to and

received by the person making contact. Buyer agrees that Seller is not liable for

communications made to the Buyer by parties unrelated to this purchase even though referred

to by the Seller. Buyer accepts full responsibility for limiting unsolicited contact and Buyer

understands that he retains all rights to directly restrict communication or solicitation from any

party including the Seller.

The Buyer agrees to allow the Seller to collect, store, and use for marketing purposes all

information collected from, provided by or otherwise ascertained by electronic means from the

Buyer. The Buyer, specifically, and as part of the consideration paid for this Product, waives all

right to access, retrieve, or control such information except that the Buyer retains the right to

restrict contact as described previously.

The Buyer understands that cookies will be placed on his or her hard drive that will provide

information to the Seller and which are necessary for delivering an e-product and which will be

able to determine if you retain the right to access the Website. Buyer understands that these

cookies or other computer codes will reside on the hard drive and will communicate at times

with the Seller’s computer and thereby transmit and receive information.

Buyers living in locations that require custom duties and/or VAT taxes to be collected

understand that, unless custom duties are collected at the point of sale by the Seller, the Buyer

remains responsible for payment of custom duties and taxes at the time the Product is

received. If it should happen that the Seller’s courier or freight account is charged for custom

duties and tax, instead of the Buyer paying referenced charges, then the Buyer hereby

authorizes the Seller to bill the Buyer’s credit card for said charges or for the return of goods if

they are refused at the point of destination. Buyers are responsible for laws governing the

importation and use of Product and additional fees associated with the importation of the

Product and or the refusal of importation of the Product and the customer’s loss of use.

Credit Card Charges, Credit Card Fraud or Chargeback Penalties

If at any time a credit card payment is withdrawn it shall be considered a chargeback from the

customer. When a chargeback is executed to bypass a procedure in the Agreement or to break

the purchase contract in any way it is a violation of the Agreement. Buyer warrants that he or

she agrees and complies with the entire Agreement as part of the credit card transaction. Any

Buyer who violates any of these requirements may be liable for civil or criminal prosecution and

agrees to pay liquidated damages of an amount the equivalent of US$10,000 per transaction

that violates this Agreement, plus actual damages, and agrees that all information collected by

this Website may be used for prosecution and may be turned over to law enforcement agencies

or to credit card companies and merchant service providers, as well as, any other agency or law

enforcement that is appropriate in the circumstances.

If the true and/or authorized owner of the credit card attempts to commit fraud upon the

Seller, he or she authorizes each and every credit card company or merchant service provider

to disclose to the Seller all information that could be construed as proof of credit card fraud.

Any Buyer who attempts to perpetrate a fraud upon Seller involving the use of a credit card

herewith gives authorization for the Seller to access all credit information about the Buyer from

credit reporting agencies and also authorizes the Seller to discover all relevant information

from any source about the fraudulent practices of the Buyer and to reveal such information to

credit reporting agencies, credit card companies, merchant service providers, and law

enforcement agencies.

Buyer agrees that if he or she causes a fraudulent dispute claim that results in a charge back

against the Seller’s account, that the Seller is authorized to re-charge the Buyer’s credit card

that was used for the original purchase to the extent that will make the Seller whole. Buyer

agrees to, in addition to actual damages, pay to the Seller liquidated damages of an amount

equivalent to US$10,000 for every separate action in violation of this agreement the Buyer

commits.

Fulfillment Obligation

The Seller reserves the right to refuse fulfillment on any order for any reason. Whenever this

right is executed, a full refund will be given. When product is in stock, the operators of this

Website will fulfill the order as soon as possible, typically within 48-72 business hours of

purchase. However, under certain circumstances, including but not limited to inclement

weather, holidays, backorders, production delays, and more, fulfillment may be delayed. The

customer may cancel his or her order at any time if his or her order has not been fulfilled.

Assumption of Risk

Buyer agrees to accept all risk associated with the use of this Product, including but not limited

to, ingestion of or application to Buyer’s person, the use of the Product personally or in

business, all taxes and regulations applicable to this Product, all legal compliance issues related

to this Product. Buyer warrants and understands that the Seller is disclaiming all liability from

harm of any kind or nature caused directly or indirectly from this Product.

The following section will be referred to collectively as the privacy policy (“Privacy Policy”).

Website collects user submitted information such as name, email address, and age to

authenticate Buyers and to send notifications to those Buyers relating to the Website service.

Website also logs non-personally-identifiable information including IP address, aggregate user

data, and browser type, from users and visitors to the Website. This data is used to manage the

Website, track usage and improve the Website services. This non-personally-identifiable

information may be shared with Third Parties to provide more relevant services and

advertisements to Buyers. User IP addresses are recorded for security and monitoring

purposes.

Website may also use a Buyer’s email address to send updates, a newsletter or news regarding

a certain Product or service of the Website. Users may choose not to receive certain email of

this type by “unsubscribing.”

From time to time, Seller or Third Party, may sponsor a promotion, sweepstake or contest on

the Website or offer a Product for sale on the Website. Users may be asked to provide personal

information including name, email address or home address or to answer questions in order to

participate. The Website may transfer your personal information to its advertisement partners

and its affiliated and related entities in order to send Buyer email advertisements regarding

Products they sell.

Website uses cookies to store visitors’ preferences and to record session information, for

purposes including ensuring that visitors are not repeatedly offered the same advertisements

and to customize newsletters, advertising, and Website page content based on browser type

and aggregate user data. The Website may link the information it stores in cookies to personally

identifiable information you submit while on the Website. You may be able to configure your

browser to accept or reject all or some cookies, or notify you when a cookie is set-each browser

is different, so check the “Help” menu of your browser to learn how to change your cookie

preferences-however, you must enable cookies from Website in order to use most functions on

the Website. Please note that Website allows Third Party advertisers that are presenting

advertisements on some of its pages to set and access cookies on visitors’ computer.

Advertisers’ use of cookies is subject to their own privacy policies, not the Website Privacy

Policy.

Website may contains links to other websites. Website is not responsible for the privacy

policies and/or practices on other websites. When linking to another website a user should read

the privacy policy stated on that website. The Website’s Privacy Policy only governs information

collected on Website.

Please be aware that whenever you voluntarily post public information to message boards,

reviews, or any other public forums that the information can be accessed by the public and can

in turn be used by those people to send you unsolicited communications.

Advertisements appearing on this Website may be delivered to users by Website or by

advertising partners. Advertising partners may set cookies. These cookies allow the

advertisement server to recognize your computer each time they send you an online

advertisement. In this way, advertisement servers may compile information about where you,

or others who are using your computer, saw advertisements and determine which

advertisements are clicked on. This information allows an advertisement network to deliver

targeted advertisements that they believe will be of most interest to you.

The Website uses reasonable measures to protect member information that is stored within its

databases, and the Website restricts access to member information to those employees who

need access to perform their job functions, such as our customer service personnel and

technical staff. Please note that the Website cannot guarantee the security of member account

information. Unauthorized entry or use, hardware or software failure, and other factors may

compromise the security of member information at any time.

Except as otherwise described in this Privacy Policy, the Website will not disclose personal

information to any Third Party unless the Website believes that disclosure is necessary:

1. to conform to legal requirements or to respond to a subpoena, search warrant or other

legal process received by Website , whether or not a response is required by applicable law;

2. to enforce the Website Agreement or to protect the Website’s rights; or

3. to protect the safety of members of the public and users of the Website. The Website

reserves the right to transfer personal information to a successor-in-interest that acquires

rights to that information as a result of the sale of the Website or substantially all of its

assets to that successor in interest.

Disclaimer of Liability

Buyer agrees and understands that the Seller’s total liability, for any injury, harm or tort of any

kind, whether foreseeable or unforeseeable, shall be limited to the purchase price paid for the

Product(s).

Buyer agrees and understands that, Seller, specifically but not exclusively, disclaims liability for

all damage to Buyer’s person or business by using this Website, including harm to Buyer’s

computer hardware or software from worms, viruses, or other defects in the Website or

computer codes that cause harm. Seller disclaims liability for Buyer’s interactions with

advertisers on the Website. Seller disclaims liability for Buyer’s interactions with other visitors

of the Website.

Buyer expressly accepts the terms of the Privacy Policy of Seller’s Website.

Buyer expressly accepts the Terms of Use of the Seller’s Website.

Termination

This Agreement is effective unless and until terminated by Website. Website may terminate

this Agreement at any time without notice to you, and accordingly deny you access to the

Website in its sole discretion if you fail to comply with the Agreement. Website may terminate

all or part of its Website at any time without notice to you.

Dispute Resolution

Any dispute or claim relating in any way to any Product sold or distributed by Website or

through Website will be resolved by binding arbitration (“Dispute Resolution”), 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 this Agreement as a

court would. Notwithstanding the foregoing, disputes to enjoin infringement or other misuse of

intellectual property rights may be brought in a court of competent jurisdiction.

To begin Dispute Resolution, you must send a letter requesting arbitration and describing your

claim to Website, Attn: Legal Department, Ziba Wood, 4533 MacArthur Blvd, Suite 542 Newport

Beach, California 92660. The Dispute Resolution will be conducted in Orange County, California

by an arbitrator and under rules both Buyer and Seller agree on.

Payment of arbitration costs including filing fees, administration costs, and arbitrator fees (but

not including attorneys’ fees) will be paid in equal amounts by both Buyer and Seller. The

prevailing party to any arbitration or litigation will be entitled to collect attorney fees and all

other costs of the arbitration or litigation, including filing fees, investigation fees, and collection

fees from the other party. You may choose to have the arbitration conducted by telephone,

based on written submissions, or in person.

Class Action Waiver

Buyer expressly agrees that any Dispute Resolution proceedings will be conducted only on an

individual basis and not in a class, consolidated or representative action. Buyer and Seller

expressly waive any ability to maintain any class action in any forum. Any dispute arising from

the use or purchase of a Product, or use of the Website will be in accordance with the terms of

the Dispute Resolution. Any Dispute Resolution proceeding shall not have authority to combine

or aggregate similar claims. If for any reason a claim proceeds in court rather than in arbitration

any right to a jury trial is hereby waived.

Jurisdiction, Venue and Choice of Law

If any matter concerning a purchase shall be brought before a court of law, pre- or post-

arbitration, Buyer agrees to that the sole and proper jurisdiction to be in Orange County of the

state of California. In the event that litigation is in a federal court, the proper court shall be a

federal court in the Central District of the state of California.

Buyer agrees that the applicable law to be applied shall, in all cases, be California law.

Notice

Buyer herewith agrees to receive notices of: changes to the Website, litigation, service of

process, termination, and modification of Product at the email address provided to Seller on

the ordering page. Further, Buyer agrees that the right to contact Buyer concerning legal notice

shall not be terminated by previously submitted ‘unsubscribed’ notices and specifically agrees

that any notification to cease contact shall not be binding upon the Seller in regards to changes

to the Website, litigation, service of process, termination, and modification of Product.

Additionally, the Buyer grants to Seller an irrevocable right to contact him or her via mail or

telephone concerning any of these issues irrespective of other rights the Buyer has to sever

contact with Seller.

Severability

In the event that some provisions, terms, conditions of the Agreement are held to be invalid or

unenforceable, the remainder of the provisions that are enforceable shall control. Additionally,

Buyer and Seller agree that, if any provision is found to be invalid or unenforceable, the

arbitrating panel will construe such provision to the maximum extent that it might be found to

be valid or enforceable.

Waiver of Breach

The Seller’s failure to enforce any term of this Agreement shall not be construed as a

modification or an amendment to this Agreement or constitute a waiver of other breaches.

Indemnity

Buyer agrees to defend, indemnify and hold harmless Seller, its parent corporation, officers,

directors, employees and agents, from and against any and all claims, damages, obligations,

losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees)

arising from:

 Buyer’s use of and access to the Website and any related websites;

 Buyer’s violation of any term of these terms and conditions in accordance with this

Agreement;

 Buyer’s violation of any Third Party right, including without limitation any copyright,

property, or privacy right; or

 any claim that Buyer’s Submitted Items caused damage to a third party. This defense

and indemnification obligation will survive this Agreement and Buyer’s use of the

Website.

Notice for California Residents

You are entering into a contract that may modify, restrict, or eliminate rights you may have

under the California Online Privacy Protection Act of 2003 (“OPPA”). Under the Privacy Policy

and this Agreement you waive any right to view or modify the content of our database. You

waive any right to force this Website to divulge when or to whom your information may have

been provided to Third Parties.

Trademarks, Copyrights and Intellectual Property Matters

Unless otherwise noted, all materials, including images, graphics, illustrations, design, icons,

photographs, data (including member data), text and other materials that are part of this

Website are owned, controlled, or licensed to or by Website. This Website as a whole and

portions thereof are protected by copyrights, trademarks, patents and other intellectual

property. Website grants you a limited license to access and make personal use of this Website.

You may not download (other than page caching) or modify any portion of our Website, except

with express written consent of Website. You may not use any part of this Website for

commercial or resale use; this includes, but is not limited to, logos, images, text, and data. You

may not use data mining, robots, or similar data gathering and extraction tools. The contents of

this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise

exploited for any commercial purpose without express written consent of Website. 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 Website without express written

consent. You may not use any meta tags or any other “hidden text” utilizing Website’s name or

trademarks without the express written consent of Website. Any unauthorized use terminates

the permission or license granted by Website. Please note that the license will be revoked

automatically if you breach any of the terms and conditions of this Agreement. Any other use of

the contents on this Website including reproduction for purposes other than as noted above,

and including any reproduction, modification, distribution, or republication may violate

prohibited.

Final Acceptance

By taking the affirmative step of purchasing a Product, you the Buyer, agree to the terms of the

Website, attest that you have fully read, understand, and accept the terms of this Agreement,

and warrant to the Seller that said affirmative digital acceptance shall be deemed to be the

same as if you had affixed your signature to this Agreement.

Thank you for visiting Ziba Wood.

All products on this website are not FDA approved. No information contained on the Website is medical advice or information,

please consult with a physician before use. Please consult a physician with the information provided on the Website to see if

any product usage may be harmful to you. If you have any health issues or allergic reactions please consult a physician before

using any product from the website. All products are sold on an “as-is” basis. Website warrants and guarantees no products

The design of this Website and all text, graphics, information, content, and other material displayed on or that can be

downloaded from this Website are protected by copyright, trademark and other laws and may not be used except as permitted

by Ziba Wood in the terms and conditions of this Agreement within this Website or with prior written permission of the owner

You may not modify the information or materials displayed on or that can be downloaded from this Website in any way or

reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or

commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws,

sold and disclaims any warranty of merchantability of warranty of fitness for a particular purpose.

laws of privacy and publicity, and other laws and regulations.