Terms of Use

Last Updated: October 20, 2020

Thank you for visiting www.zest.com (the “Site”). The following terms (“Terms”) apply to all users of our Site. This Site is owned and operated by High Ridge Brands, LLC (“HRB”). We are dedicated to transforming your washing experience so that it is exciting as surfing a humongous wave in Oahu or as relaxing as a hot tub at a tropical resort. OK, maybe that’s a bit much, but we like a “Zest(y)” terms of use policy.

Please read our Terms carefully before using our Site. Since we have all better things to do, other than sitting around and reading (like taking an invigorating shower), we have tried to make these Terms as clear and simple as possible. For your convenience, here is a short non-binding summary followed by the full legal Terms.

‍Site Use Generally
‍These are the basic rules you must follow when using the Site.

‍Privacy
‍This is a summary of how we collect and use your personal information.

‍Intellectual Property
‍This describes HRB's rights in the Site and the rules governing the stuff you post.

‍DMCA
‍This is where you go if you think someone posted something on our Site that belongs to you.

‍Indemnification
‍We are not responsible if you use the Site incorrectly.

‍Disclaimer of Warranties
‍We provide our Site as is, and we make no promises or guarantees about this Site. It will not transport you to Hawaii, nor make you fries.

‍Limitation of Liability
‍We will not be liable for damages or losses arising from your use or inability to use the Site or otherwise arising under these Terms.

‍Miscellaneous
‍Please see this section for legal details including our choice of law.

‍Changes to These Terms.
‍We may revise these Terms at any time by updating this page.

‍Contact Us
‍This provides information on how to contact us.

By using our Site you agree to be bound by these Terms. Please read them carefully before using the Site. If you do not agree with any part of these terms, please do not use this Site.

I. SITE USE GENERALLY
‍The Site provides information on our various products and contains materials that are for general informational purposes only.

By using this site, you represent you are at least 16 years old. If you are under the age of legal majority (which in most cases is 18, but could be older)  in your jurisdiction of residence, you have to ask a parent (or guardian) if you can use the Site.

Conditioned upon your compliance with these Terms, HRB grants you a non-exclusive, non-transferable, sub-licensable, revocable limited license (subject to the limitations below) to access and use our Site for your own personal non-commercial use only.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No right, title, or interest in or to the Site or any content on the Site is transferred to you, and we reserve all rights not expressly granted. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

You must use the Site only for lawful purposes and in accordance with these Terms. You agree not to:
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Use the Site in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);

Use the Site to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us, our users, or expose our users to liability;

Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;

Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;

Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;

Remove, obscure, or alter any notice of any intellectual property or proprietary right contained on the Site;

Use any device, software or routine that interferes with the proper working of the Site.

Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful;

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site are stored, or any server, computer or database connected to the Site;

Reverse-engineer the Site or the software in any way, and/or create algorithms that attempt to or do circumvent any technology put in place to deny you access.

Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or

Otherwise attempt to interfere with the proper working of the Site;

We assume no liability for or responsibility to anyone for performance or nonperformance of the activities described in these Terms. We make no guarantees regarding the functionality of the Site.  For avoidance of doubt, this Site is merely a website that allows visitors to learn more about our products.

Please use this Site for its intended purpose only.  Any violation of these Terms may result in HRB taking appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site. We may also terminate or suspend you access to all or part of the site for any or no reason, including without limitation, any violation of these Terms.

II. PRIVACY.
‍HRB’s Privacy Policy explains how we treat your personal data and protect your privacy when you use our Site. By using our Site, you agree that HRB can use the data you provide in accordance with our Privacy Policy.

III. INTELLECTUAL PROPERTY.
‍It’s ours.  We own it.  Don’t take it.  HRB owns the Site and all content provided to you by our on our behalf through the Site. Our Site is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. We reserve all rights in and to the Site. Except as expressly granted to you under these Terms, we do not grant you any right, title or interest in or to any part of the Site. Tool around, enjoy the pretty pictures, send us an email, but be nice and leave our stuff alone.

You may not copy, reproduce, publish, distribute, transmit, disseminate, display, exhibit, edit, modify, and create derivative works from, or exploit in any way, any part of the Site. You may not frame or utilize framing techniques to enclose our trademark, logo, or other proprietary information. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks. You may not delete, remove or otherwise alter any copyright, trademark or other proprietary notice appearing in or on the Site. You may not take any action to jeopardize, limit or interfere in any manner with our rights in and to the Site. We reserve the sole and exclusive right at our discretion to assert claims against third parties for infringement or misappropriation of our intellectual property rights in the Site.

The Site may contain content owned or licensed by third parties. All restrictions set forth in these Terms equally apply to all Site content owned or licensed by third parties. In other words, don’t take other peoples’ stuff, either.

Our name, the terms, logos, trademarks, and all related names, logos, product and service names, designs and slogans are our trademarks (or our affiliates or licensors’ trademarks). You must not use such marks without our prior written permission, except as provided herein. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.

‍User Generated Content. The Site may provide functionality enabling you to make available your own comments and content. When you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available any comments, suggestions, ideas, inquiries, data, text, software, music, audio files, photographs, graphics, images, videos, messages, ideas, suggestions or other materials ("UGC") on or to the Site, you are entirely responsible for such UGC.

You understand you are participating in a public forum and that any UGC that you submit to HRB or the Site may be available to all other Site users. HRB does not endorse any UGC, nor any opinion, representation, recommendation, or advice contained therein, and HRB expressly disclaims any and all liability in connection with UGC submissions.

‍UGC Guidelines.
You represent and warrant that all UGC you submit complies with the following guidelines:

You are either the UGC sole author and owner of all intellectual property rights therein, or you possess all necessary rights, releases, consents, or licenses to enable and authorize you and HRB's use of the UGC on the Site (and elsewhere) as provided hereunder;

Any UGC that you submit is: (i) not false, defamatory, obscene or misleading, (ii) does not violate any right of any other person or entity, or any applicable law or ordinance, (iii) does not contain any computer viruses, malware or other potentially harmful electronic files, or any material intended to disrupt, alter, damage or destroy any part of the Site, (iv) does not contain any unauthorized advertising, and (v) Is not, or would not reasonably be considered to be harmful, defamatory, bullying, libelous, vulgar, obscene, pornographic, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation.

‍License Grant. You grant to HRB a royalty-free, perpetual, worldwide, unlimited, nonexclusive, irrevocable, license to use, copy, publish, distribute, modify, edit, create derivative works from, translate and display any UGC that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that HRB is free to use any UGC for any purpose, including but not limited to the Site, HRB e-mails, social media posts, media content or promotional materials.

HRB shall be under no obligation to preserve or pay compensation for use of any UGC. You further grant to HRB the right to use your name in connection with any such UGC, but HRB shall not be obligated to attribute any of your UGC to you. You warrant that all UGC that you submit shall comply with the Federal Trade Commission's Guides on the Use of Endorsements and Testimonials in Advertising, including but not limited to your disclosing if you have received any incentive or compensation for submitting UGC to the Site.HRB is not be responsible for evaluating your UGC, and does not assume any responsibility or liability for UGC. We do not endorse or control the UGC transmitted or posted on the Site and do not warrant its accuracy, integrity, or quality. You acknowledge that by using the Site, you may be exposed to UGC that is offensive, indecent, or objectionable to you. You hereby waive all rights to any claims against HRB of any type arising out of your use of the Site or any UGC that you may encounter at the Site. You acknowledge that HRB has the right (but not the obligation) in our sole discretion to refuse to post or remove any UGC.

IV. DMCA
‍HRB has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the "DMCA"). If you believe any materials provide on or in connection with the Site infringes upon your intellectual property rights, please notify HRB by providing the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;

Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Please send the above information to:

INSERT Address/ EMAIL ADDRESS OF COPYRIGHT AGENT.

Upon receipt of a notice complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to such material.

V. INDEMNIFICATION.
‍You agree to indemnify and hold harmless HRB, our affiliates, and our respective officers, directors, shareholders, employees, contractors, agents, licensors, third-party service providers, successors and assigns from and against any claims, judgments, awards, losses, liabilities, expenses, damages, costs, fines, penalties and fees (including reasonable attorneys’ and experts’ fees and court costs) (collectively, “Losses”) arising out of or relating to (i) your use of the Site other than as expressly authorized in these Terms; (ii) your violation of any terms of use or similar terms provided by Third-Party Providers with respect to any Third-Party Content; or (iii) claims arising from your fraud, intentional misconduct, criminal acts, or gross negligence.

If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all Losses arising or resulting from that disruption.

VI. DISCLAIMER OF WARRANTIES.
‍THE SITE AND ITS CONTENT AND SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. EXCEPT AS PROHIBITED BY LAW. WE DISCLAIM ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU AGREE THAT YOUR USE OF THE SITE AND CONTENT IS AT YOUR SOLE RISK. YOU AGREE THAT HRB WILL NOT BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION OR LOSS OF PROFITS, ACCESS DELAYS OR INTERRUPTIONS TO THE SITE, DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, ANY INACCURACIES OR OMISSIONS IN CONTENT OR EVENTS BEYOND OUR REASONABLE CONTROL, EVEN IF HRB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

VII. LIMITATION OF LIABILITY.Y
OU EXPRESSLY UNDERSTAND AND AGREE THAT HRB SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, UNLESS OTHERWISE SPECIFIED IN WRITING. THESE LIMITATIONS ON HRB'S LIABILITY SHALL APPLY WHETHER OR NOT HRB HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES. 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 ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

VIII. MISCELLANEOUS.
‍Entire Agreement. These Terms and any other policies posted on the Site constitute the entire agreement and supersede all other agreements between HRB and you relating to this subject matter.

Notices. You consent to receive any agreements, notices, disclosures, and other communications (collectively, “Notices”) to which these Terms refer to electronically, including without limitation by electronic mail, or by posting Notices on the Sites. You agree that all Notices we provide to you electronically satisfy any legal requirement that such communications be in writing.

Governing Law and Jurisdiction. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS WILL BE GOVERNED BY NEW YORK LAW, EXCLUDING NEW YORK CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF NEW YORK, NEW YORK (USA). YOU CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS

Severability. If any provision of these Terms is found to be unlawful, void, or unenforceable, the rest of the Terms will remain in effect.

Survival. All provisions of these Terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, disclaimer of warranty, indemnity, and limitations of liability.

No Waiver. If you do not comply with these terms, and we don’t take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future)

Third Party Links. Our Site may contain links to other websites. These third-party websites are not run by us and have their own site terms of use and privacy policies. We suggest that you carefully review the terms of use of each site you choose to access from our Site. We have no control over the content of third-party sites and accept no responsibility for them and hereby disclaim all liability related to them. If you decide to access any third-party sites, you do so entirely at your own risk and will be subject to their terms and conditions.

Site Modifications. We reserve the right to modify or discontinue all or part of the Site, with or without notice, at any time. Content on the Site may be out of date at any given time, and we are under no obligation to update such material. You agree that we will not be liable to you for any change or discontinuance of the Site or of any content, feature, or product offered through the Site

CHANGES TO THESE TERMS.
We may revise and update these Terms from time to time at our sole discretion. We will notify you when we make changes to these Terms by posting the revised Terms and by revising the “last updated” date at the top of this page.
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All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access the Site so that you are aware of any changes, as they are binding on you. You further agree to review these Terms periodically and to make yourself aware of these changes.

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CONTACT US
If you have any questions or comments, please feel free to reach out to us at Consumer Relations. Or through our online form located here: https://zest.com/#footer

High Ridge Brands LLC. Stamford, CT 06902