Terms of service

OVERVIEW

We welcome you to Zenith Gear! The terms "we" and "our" refer to Zenith Gear. Zenith Gear operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a personalized shopping experience (the "Services"). Zenith Gear has Shopify technology, which allows us to provide you with the Services.

The terms and conditions below, together with any policies referred to herein, (these "Terms of Service" or "Terms") describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty liability exclusions and limitations of liability.

When you visit us, interact or use our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree with these Terms of Service or Privacy Policy, you should not use or access our Services.

SECÇÃO 1 — ACESSO E CONTA
By agreeing to these Terms of Service, you declare that you have reached at least the age of majority in the state or province where you reside and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, buy or rotate.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment and shipping information. You declare and guarantee that all information you provide in our stores is correct, up-to-date and complete and that you have all the necessary rights to provide this information.

The responsibility for maintaining the security of your account credentials and for all your account activity is exclusively yours. You cannot transfer, sell, assign or license your account to anyone else.

SECTION 2 — OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that the colors or appearance of the product may be different from the way they appear on your screen due to the type of device used to access the store and the settings and settings of your device.

We do not guarantee that the appearance or quality of any products or services purchased by you correspond to your expectations or are the same as those presented or illustrated in our online stores.

All product descriptions are subject to change at any time without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographical region or jurisdiction, on a case-by-case basis.

SECTION 3 — ORDERS

When you place an order, you are making an offer to buy. Zenith Gear reserves the right to accept or refuse your order for any reason, at its sole discretion. Your order will not be considered accepted until Zenith Gear confirms acceptance. We have to receive and process the payment before your order is accepted. Before submitting your order, review it carefully, as Zenith Gear may not be able to satisfy cancellation requests after the order is accepted. If we do not accept, make changes or cancel an order, we will try to send you a notification through the email, billing address and/or phone number provided at the time the order was placed.

Your purchases are subject to return or exchange only in accordance with our Refund Policy [LINK].

The user declares and guarantees that the purchases he makes are intended for personal or domestic use and not for commercial resale or export.

SECTION 4 — PRICES AND BILLING

Prices, discounts and promotions are subject to change without prior notice. The price charged for a product or service will be the price in force at the time the order is placed and will be indicated in the confirmation email of your order. Unless expressly stated otherwise, the published prices do not include taxes, shipping, handling or customs or import fees.

The prices published in our online stores may be different from the prices offered in physical stores or in online or other stores operated by third parties. Periodically, we may offer promotions on the Services, which may affect prices and are governed by terms and conditions separate from these Terms. In case of conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.

You agree to provide updated, complete and accurate information about the purchase, payment and account on all purchases made in our stores. You agree to immediately update your account and other information, including email address, credit card numbers and expiration dates, so that we can complete transactions and contact you as needed.

You represent and warrant that (i) the credit card information provided is true, correct and complete, (ii) you have the proper authorization to use this credit card to make the purchase, (iii) the charges incurred by you will be honored by your credit card company and (iv) you will pay the charges incurred by you at the published prices, including the amounts charged for shipping and handling and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

We are not responsible for delays in shipping and delivery. All delivery times are only estimates, so they are not guarantees. We are not responsible for delays caused by carriers, customs processing or events beyond our control. When we transfer the products to the carrier, the title and the risk of loss are transferred to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including, but not limited to, all trademarks, trademarks, text, exhibitors, images, graphics, product reviews, video and audio, as well as the design, selection and disposition thereof, are the property of Zenith Gear, its affiliates or licensors and are protected by patent laws, copyright and other U.S. and foreign intellectual property laws.

These Terms allow you to use the Services for personal and non-commercial use only. You may not reproduce, distribute, modify, create derivative works, publicly exhibit, publicly perform, republish, transfer, store or transmit any material about the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright or other intellectual property of Zenith Gear, Shopify or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. Zenith Gear reserves all rights not expressly granted herein.

Zenith Gear's names, logos, product and service names, designs and slogans are trademarks of Zenith Gear or its affiliates or licensors. You may not use these trademarks without Zenith Gear's prior written permission. Shopify's name, logo, product and service names, designs and slogans are Shopify trademarks. All other names, logos, product and service names, designs and slogans about the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, on which we do not carry out any monitoring, control or contribution.

You acknowledge and agree that we provide access to these tools "as is" and "as available", without any warranties, representations or conditions of any kind and without any endorsement. We have no responsibility arising from or related to your use of optional third-party tools.

Any use of the optional tools offered through the website is carried out entirely at your own risk, so you must ensure that you are aware of and approve the terms under which the tools are provided by the relevant third-party supplier(s).

In the future, we may also offer new features through the Services (including the launch of new tools and resources). These new features should also be considered as part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party websites, you will be doing so at your own risk.

We are not responsible for any damages or losses related to your access to any third-party websites, or for your purchase or use of any products, services, features or content on any third-party websites. You should carefully review the policies and practices of third parties and ensure that you understand them before making any transaction. Complaints, claims, doubts, or questions related to third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Zenith Gear has Shopify technology, which allows us to provide you with the Services. However, any sales and purchases you make in our Store are made directly to Zenith Gear. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Zenith Gear, including any injuries, damages or losses resulting from the products and services purchased. You hereby expressly indemnify Shopify and its affiliates from any claims, damages and liabilities resulting from or related to the purchases and transactions you make with Zenith Gear.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which you can consult here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which you can consult here. By using the Services, you confirm that you have read these privacy policies.

As the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access and use of the Services in order to provide and optimize the Services. The information you submit to the Services will be transmitted and shared with Shopify, as well as with third parties that may be located in countries other than your country of residence, to provide you with services. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK

If you submit, upload, publish, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicenseable and royalty-free license to use, reproduce, modify, publish, distribute and present such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, optimize, improve and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Service.

It also declares and warrants that: (i) has or has all necessary rights over any Feedback; (ii) disclosed any compensation or incentives received in the context of the submission of Feedback; and (iii) your Feedback will comply with these Terms. We do not and will not have any obligation to (1) keep your Feedback confidential; (2) pay you compensation for the Feedback; or (3) respond to your Feedback.

We can, but we have no obligation, to monitor, edit or remove Feedback that we determine, in our sole discretion, to be illegal, offensive, threatening, slanderous, defamatory, pornographic, obscene or objectionable nature that otherwise violates the intellectual property of third parties or these Terms of Service.

You agree that your Feedback will not violate any rights of any third parties, including copyright, trademarks, privacy, personality or any other personal or proprietary right. You also agree that your Feedback will not contain defamatory or illegal, abusive or otherwise obscene Feedback, nor will it contain any computer virus or other malware that may in any way affect the operation of the Services or any related website. You may not use a fake email address, pretend to be someone else, or otherwise deceive us or third parties about the origin of any Feedback. The responsibility for any Feedback you share, as well as its accuracy, is exclusively yours. We are not responsible or assume any responsibility for Feedback published by you or third parties.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information in or about the Services that contains typographical errors, inaccuracies or omissions regarding product descriptions, prices, promotions, offers, product shipping rates, shipping times and availability. We reserve the right to correct any errors, inaccuracies or omissions, to change or update information or to cancel orders if any information is inaccurate, at any time and without prior notice (including after your submission of an order).

SECTION 13 — PROHIBITED USES

You can access and use the Services only for legal purposes. You may not access or use the Services, directly or indirectly: (a) for any illicit or malicious purpose; (b) violate any international, federal, district or state regulations, local rules, laws or decrees; (c) infringe or violate our intellectual property rights or the intellectual property rights of third parties; (d) harass, mistreat, insult, harm, slander, defame, denigrate, intimidate or cause harm to any of our employees or any other person; (e) transmit false or misleading information; (f) send, intentionally receive, upload, transfer, use or reuse any material that does not comply with these Terms; (G) transmit or facilitate the submission of any advertising or promotional material, including any "unsolicited mail", "chain message", "spam" or any other similar request; (h) impersonate or attempt to impersonate any other person or entity; or (i) adopt any other behavior that conditions or inhibits the use or enjoyment of the Services by any person or that, as determined by us, may cause damage to Zenith Gear, Shopify or the users of the Services, or expose them to liability.

Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) collect or track personal information from third parties; (d) perform spam, phishing, pharm, pretext, spider, crawl or extraction actions; or (e) interfere with or circumvent the security features of the Services or any related website, other websites or the Internet. We reserve the right to suspend, deactivate or terminate your account at any time, without prior notice, if we determine that you have violated any part of these Terms.

SECTION 14 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time, without prior notice, and will remain responsible for all amounts due until the date of termination, inclusive.

The following sections will continue to apply after any termination: Intellectual Property, Feedback, Termination, Exclusion of Liability of Guarantees, Limitation of Liability, Indemnification, Divisibility, Waiver of Liability; Completeness of the Contract, Assignment, Applicable Law, Privacy Policy and any other provisions that, by virtue of their nature, prevail upon termination.

SECTION 15 - EXCLUSION OF LIABILITY FOR GUARANTEES

The information presented in or through the Services is made available only for general information purposes. We do not guarantee the accuracy, completeness or usefulness of this information. The trust placed by you in this information is strictly at your own risk. We exclude all liability arising from any trust placed in these materials by you or any other visitor to the Services, or by any person who may be informed of any part of their content.

EXCEPT AS EXPRESSLY STATED BY Zenith Gear, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR USE BY YOU, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A SPECIFIC PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR ASSURE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SAFE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR IMPLIED OR OTHER TYPES OF GUARANTEES, SO THE AFOREMENTIONED EXCLUSIONED LIABILITY MAY NOT APPLY TO YOUR CASE.

SECTION 16 — LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, UNDER ANY CIRCUMSTANCES Zenith Gear, OUR PARTNERS, ADMINISTRATORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND THEIR AFFILIATES, SHALL BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, ACCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OBJECT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS OBTAINED BY USING THE SERVICES, OR FOR ANY OTHER CLAIM IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) PUBLISHED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF INFORMATION ABOUT THIS POSSIBILITY HAS BEEN SHARED.

SECTION 17 — COMPENSATION

You agree to indemnify, defend and hold harmless Zenith Gear, Shopify and our affiliates, partners, officers, administrators, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including attorneys' fees to the extent reasonable, payable to third parties by virtue of or arising from (1) your violation of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of third parties, or (3) your access and use of the Services.

We will send you a notification of any claim subject to compensation, provided that the lack of expedited notification does not constitute your exemption from your obligations, except in the case of material damages. We can control the defense and settlement of this claim at your expense, including the choice of a lawyer, but we will not settle any claim that requires non-monetary obligations on your part without your consent (which should not be unjustifiably withheld). Will cooperate in the defense of indemnified claims, including by providing relevant documentation.

SECTION 18 — DIVISIBILITY

If any provision of these Terms of Service is considered illegal, null or unenforceable, that provision shall still be enforceable to the maximum extent permitted by applicable law, so that the unenforceable part will be considered separate from these Terms of Service. Thus, this determination will not affect the validity and enforceability of any other remaining provisions.SECTION 19 - WAIVER OF LIABILITY; COMPLETENESS OF THE CONTRACT

Our inability to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.

These Terms of Service and any policies or operational rules published by us on this website or in relation to the Service constitute the entirety of the agreement and the agreement between you and us, so they govern your use of the Service, replacing any previous or contemporary, verbal or written contracts, communications and proposals between you and us (including, but not limited to, any previous versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service should not be interpreted against the party who drafted them.

SECTION 20 — ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of its rights or obligations under these Terms without our prior written consent, so any such attempt will be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or without notice from us.

SECTION 21 - APPLICABLE LAW

These Terms of Service and any separate contracts through which we provide you with the Services will be governed and interpreted in accordance with federal and state or territorial courts in the jurisdiction where Zenith Gear is established. The user and Zenith Gear consent to the forum and personal jurisdiction in these courts.

SECTION 22 — TITLES

The titles used in this agreement are included only for convenience and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO THE TERMS OF SERVICE

You can review the latest version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service, by publishing updates and changes on our website. It is your responsibility to periodically consult our website to take note of the changes. We will send you notice of any significant changes to these Terms in accordance with applicable law, so such changes will take effect on the date specified in the notice. Your continued use or access to the Services after the publication of any changes to these Terms of Service constitutes acceptance of such changes.

SECTION 24 — CONTACT INFORMATION

Questions about the Terms of Service should be sent to gearzenith@gmail.com.

Our contact information is published below:

Gearzenith@gmail.com