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
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.
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
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
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
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.
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
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.
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.
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
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.
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
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.
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.
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.
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.
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.
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)
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
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
Notice for California Residents
You are entering into a contract that may modify, restrict, or eliminate rights you may have
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
copyright or trademark laws, and, without the prior written permission of Website, is strictly
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
of such material. The software and other technology components of this Website are © 2016, Ziba Wood or its affiliates and
suppliers. The contents of this Website are © 2016, Ziba Wood or their respective affiliates and suppliers. All rights reserved.
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.