Site Terms and Conditions & Site Privacy Policy

ZACH’S WAX

TERMS AND CONDITIONS

ZACH’S WAX (along with its affiliates and related companies, “ZACH’S WAX”) maintains the ZACH’S WAX Web Sites found at www.zachswax.com and possible other web sites as may be modified from time to time  (collectively, the “Sites”). Your access to and use of the Sites is subject to these following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing the any of the Sites, you accept, without limitation or qualification, the Terms and Conditions.

You may have entered into a separate agreement with ZACH’S WAX governing your access to and use of certain functions and features of particular Sites.  If so, these Terms and Conditions will still apply, but that separate agreement will control in the event of any inconsistencies with any provisions of these Terms and Conditions.

1. You should assume that everything you see or read on the Sites is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Sites without the written permission of ZACH’S WAX. Without the prior written consent of ZACH’S WAX, you may not create a link to any page of this Sites in any manner reasonably likely to (i) imply affiliation with or endorsement or sponsorship by ZACH’S WAX; (ii) cause confusion, mistake, or deception; (iii) dilute the ZACH’S WAX brand or Trademarks (as defined herein); or (iv) otherwise violate state or federal law.

2. You may use material displayed on the Sites for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on any generated materials. You may not, however, distribute, modify, transmit, reuse, repost, or use the content of the Sites for public or commercial purposes, including the text, images, audio, and video without ZACH’S WAX’s written permission. The exception is stated in the Media Resources area of Sites where materials are provided for the purpose of promotion through external media outlets.

3. While ZACH’S WAX uses reasonable efforts to include accurate and up-to-date information in the Sites, it makes no warranties or representations as to its accuracy. ZACH’S WAX assumes no liability or responsibility for any errors or omissions in the content of the Sites.

4. Your use of and browsing in the Sites are at your own risk. ZACH’S WAX, its affiliates, and subsidiaries shall have no responsibility to provide you access to the Sites.  Neither ZACH’S WAX nor any other party involved in creating, producing, or delivering the Sites is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Sites. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITES IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. ZACH’S WAX also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Sites or your downloading of any materials, data, text, images, video, or audio from the Sites. THE PROVISIONS CONTAINED IN THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

5. You shall release, discharge, and relinquish and shall defend and shall indemnify and hold harmless ZACH’S WAX and its affiliates, subsidiaries, and vendors, and each of their members, shareholders, directors, employees, agents, representatives, and contractors of whatever tier from and against all losses, claims, demands and causes of actions of whatever kind or character, including, without limitation, costs, reasonable attorneys’ fees, and expenses incurred in connection with any claim brought by any persons or entities arising from, in connection with, or relating to your access and use of the Sites, including your use of the information obtained through the Sites. THE OBLIGATIONS TO RELEASE, TO DEFEND AND TO INDEMNIFY CONTAINED IN THIS SECTION SHALL APPLY EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE JOINT, SOLE, OR CONCURRENT NEGLIGENCE, STRICT LIABILITY, CONTRACTUAL LIABILITIES TO THIRD PARTIES, OR OTHER FAULT, WHETHER PASSIVE OR ACTIVE, OF ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO THE INDEMNITEES.

6. Images of people or places displayed on the Sites are either the property of, or used with permission by, ZACH’S WAX. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Sites. Any unauthorized use of the images may violate copyright, trademark, privacy, publicity, or communications laws, regulations, or statutes.

   Record of your use of the Sites is the property of ZACH’S WAX and is protected by and subject to the U.S. Electronic Communications Privacy Act. The collection and use of personal information and aggregated data shall be in accordance with the Privacy Policy on the Sites.

7. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Sites, including but not limited to “ZACH’S WAX,” are registered and unregistered Trademarks of ZACH’S WAX and others. Nothing contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Sites without the written permission of ZACH’S WAX or such third party that may own the Trademarks displayed on the Sites. Your misuse of the Trademarks displayed on the Sites, or any other content on the Sites, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that ZACH’S WAX will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

8. ZACH’S WAX has not reviewed all of the third party Web sites linked to the Sites and shall not be held liable for any loss or damage caused, directly or indirectly by your use of any external sites linked to the Sites, or any information, products or services available from such external sites.  Your linking to any other Web pages or other sites is at your own risk.

9. Although ZACH’S WAX may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Sites, ZACH’S WAX is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Sites. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, infringe upon the intellectual property or other rights of third parties, give rise to civil liability, or otherwise violate any law. ZACH’S WAX will fully cooperate with any law enforcement authorities or court order requesting or directing ZACH’S WAX to disclose the identity of anyone posting any such information or materials.  You shall be solely liable for any damages resulting from any infringement of patent, copyright, trademark or other proprietary right, or any other harm resulting from your use of the Sites.

10. The laws of the State of California, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction, shall govern these Terms and Conditions.  To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Sites as contemplated by these Terms and Conditions must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued.

11. You may not assign any of your rights, obligations, privileges, or performance hereunder without the prior written consent of ZACH’S WAX.  Any assignment other than as provided for in this Section shall be null and void.

12. The materials on the Sites are provided with “RESTRICTED RIGHTS.”  Use, duplication or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations.  Use of the materials by the Government constitutes acknowledgement of ZACH’S WAX’s proprietary rights in them.

13. ZACH’S WAX may terminate or suspend your use of the Sites for any reason.  Termination or cancellation of your use of the Sites shall not affect any right or relief to which ZACH’S WAX may be entitled, at law or in equity.  Upon termination of these Terms and Conditions, all rights granted to you will terminate and revert to ZACH’S WAX.

14. ZACH’S WAX may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions to which you are bound.

    If you have questions or concerns regarding this document, please email us at webmaster@zachswax.com.

Copyright © 2010 ZACH’S WAX. All rights reserved.
Revised effective September 13, 2010

ZACH’S WAX, Inc.
On-Line Privacy Policy

General
Part of the operation of the Zach’s Wax, Inc. Web Site found at http://www.zachswax.com may be modified from time to time includes the gathering of certain types of information about ZACH’S WAX users and their companies.  Because we understand that your privacy is important to you, we would like to explain the types of information we gather and the way in which we use it. This on-line privacy policy (“Privacy Policy”) applies to the Site(s) operated by ZACH’S WAX and any affiliated or related companies of ZACH’S WAX that it has at any time, all of which are included in references to “ZACH’S WAX” in this document.  It does not necessarily apply to information collected by ZACH’S WAX by means other than through the Sites.

This Privacy Policy covers two types of information gathered at ZACH’S WAX, personal information and aggregated data.  “Personal information” refers to data you voluntarily provide in connection with use of the Sites that identifies you and/or the company on whose behalf you are accessing and using the Sites. Personal information includes such identifying information as your name, physical address, e-mail address, phone number and company affiliation.  For example, you might provide personal information when you order a product, opt into email news or submit a photo to be posted on our sites.  “Aggregated data” refers to general information regarding visitors and users of the Sites that relates to use of the Sites, e.g., traffic patterns, number of visits to certain sections or pages, visits from other Web Sites or to third-party Web Sites linked to ZACH’S WAX’s Sites, use of particular services and information or features of ZACH’S WAX or other parties made available through or found at the Sites.

You may have entered into a separate agreement with ZACH’S WAX governing your access to and use of certain functions and features of particular Sites.  If so, this Privacy Policy will still apply, but that separate agreement will control in the event of any inconsistencies with any provisions of this Privacy Policy.

Use of Personal Information
ZACH’S WAX is committed to protecting the privacy of all of its users. We understand that your personal information and, if applicable, the non-public information about the company you represent is sensitive and private data.   ZACH’S WAX may collect and use personal data that you submit at the Sites in any manner that is consistent with uses stated in this Privacy Policy or disclosed elsewhere on the Sites at the point you submit such personal information. Except as expressly stated in this Privacy Policy, ZACH’S WAX will never willfully disclose or make personal information about you available to any third party without first having provided you notice in this Privacy Policy or receiving your permission at the time you submit the personal information.  ZACH’S WAX may share personal information with third parties, in connection with its business, in order to facilitate proper and beneficial use of the features and services offered at this Sites. ZACH’S WAX may also use personal information to contact you to keep you informed of current and future products, services and other opportunities ZACH’S WAX provides.

Personal information that ZACH’S WAX may use may be collected at the Sites, among other ways (1) in the event registration and/or user login is ever required; (2) if you choose to submit personal information when making an e-mail inquiry at the Sites; (3) through submission of an order or a resume or application for employment.

Permission for Use
At the time you submit personal information or make a request, the intended use of the information you submit will be apparent in the context in which you submit it and/or because ZACH’S WAX states the intended purpose. By submitting personal information at the Sites, you are giving your consent and permission for any use that is consistent with uses stated in this Privacy Policy or disclosed elsewhere at the Sites at the point you submit such personal information, and such consent will be presumed by ZACH’S WAX, unless you state otherwise at the time you submit the personal information.

PLEASE DO NOT REQUEST ANY SUCH COMMUNICATIONS ON BEHALF OF AN INDIVIDUAL OR COMPANY IF YOU ARE NOT AUTHORIZED TO MAKE THE REQUEST AND THE RECIPIENT OF THE COMMUNICATIONS DOES NOT WANT YOU TO DISCLOSE THE REQUESTED INFORMATION.

Disclosure of Personal Information to Third Parties
ZACH’S WAX may share your personal information in any of the following circumstances:

• If you request involvement ina  promotion, ZACH’S WAX may disclose such information to any third-party service provider ZACH’S WAX uses or may use to fulfill any services in connection with such project on which a proposal is given.

• ZACH’S WAX may share your personal information to third-party suppliers in connection with services such third parties provide under an agreement with ZACH’S WAX, e.g., for processing orders. In this case, such third party will be restricted to using your personal information only as directed by ZACH’S WAX and only in connection with the business of ZACH’S WAX.

• In connection with any other feature, service or submission you make at the Sites. If you are participating in a feature on the Sites and submitting personal information that ZACH’S WAX may disclose to third parties and this Privacy Policy has not already advised you of such disclosure, then we will let you know at that time. ZACH’S WAX will also give you the opportunity at that time to cease participation and hence elect to not have your personal information shared with such third parties. If you do not elect to prevent the sharing of your personal information with third parties at that time, ZACH’S WAX may use it as permitted in this Privacy Policy. However, use of personal information is limited to the purposes disclosed when you submit the information.

Use of Aggregated Data

ZACH’S WAX is interested in improving the Sites and may develop and offer new features and services. We monitor aggregated data regarding use of the Sites for marketing purposes and to study, improve and promote use of the Sites. In connection with such purposes, ZACH’S WAX may share aggregated data with third parties collectively and in an anonymous way. Disclosure of aggregated data does not reveal personal information about individual Site users in any way that identifies who they are or how to contact them. However, disclosure of aggregated data may include the identity of the person or company or business to which it relates. ZACH’S WAX will not disclose or otherwise share data which ZACH’S WAX knows to be confidential or to be specific competitive, proprietary data regarding the business of a Sites user or the company whose personal information the user has submitted, without the express permission of the user, except to third-party suppliers of ZACH’S WAX who need such information and have an agreement with ZACH’S WAX that restricts use of such data to those purposes authorized by ZACH’S WAX in connection with its business. However, ZACH’S WAX may disclose such specific business data, so long as ZACH’S WAX does not identify the individual or company to whom it pertains and does not reveal the identity of the person, in the case of personal information.

Exceptions to the Privacy Policy

In addition to the disclosures discussed above, ZACH’S WAX may disclose information in other situations:

1. ZACH’S WAX may monitor and, when we believe in good faith that disclosure is required, disclose information to protect the security, property, assets and/or rights of ZACH’S WAX from unauthorized use, or misuse, of the Sites or anything found at the Sites, such as information that ZACH’S WAX in good faith believes must be disclosed to correct false or misleading information or to address activities that ZACH’S WAX believes to be manipulative, deceptive or otherwise in violation of law.

2. ZACH’S WAX may disclose information when required by law; however, only to the extent necessary and in a manner that seeks to maintain the privacy of the individual.

3. ZACH’S WAX may disclose and transfer information to a third party who acquires all or a substantial portion of our business, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of our assets. In addition, in the event we become the subject of a bankruptcy proceeding, whether voluntary or involuntary, ZACH’S WAX or our trustee in bankruptcy may sell, license or otherwise dispose of such information in a transaction approved by the bankruptcy court.

Use Of Cookies
To enable features at the Sites, ZACH’S WAX may assign one or more “cookies” to your Internet browser.  Cookies, among other things, speed navigation through our Sites, keep track of information so that you do not have to re-enter it each time you visit our Sites, and may provide you with customized content.  A “cookie” is an Internet mechanism composed of a small text file containing a unique identification number that permits a Web server to send small pieces of information or text by means of your browser and place them on your computer’s hard drive for storage. This text lets the Web server know if you have previously visited the Web page. This information may be used to help us dynamically generate personalized advertising and content specifically tailored for you and also allows us to statistically monitor user traffic on our Sites and the concentration of such traffic in certain areas of our Sites.

The cookies used with our Sites can only be read by the server that placed them. In other words, servers of Web Sites that are not affiliated with our servers cannot retrieve the information contained in the cookies placed by our computers on your computer.  Since cookies are only text files, they cannot “run” on your computer and have no ability to search your computer for other information, or transmit information contained on your computer’s hard drive to anyone. Most browsers are initially set to accept cookies. However, most browsers also permit you to refuse cookies and can alert you when cookies are being sent and/or allow you to delete these files. Set your browser’s guidelines or features accordingly, if you wish to prevent cookies. However, please be aware that if you choose to refuse cookies when you are on this Sites, it is possible that some features of the Sites may not function properly.
You may occasionally receive cookies from unaffiliated companies or organizations, to the extent they place advertising on our Sites or are linked to the ZACH’S WAX Sites. If so, these third-party cookies may collect information about you when you “click” on their advertising or content or link. This practice is standard in the Internet industry.  Because of the way in which the Internet operates, we cannot control collection of this information by these third parties, and these cookies are not subject to ZACH’S WAX’s privacy policies.  As the user of these Sites, you should contact these third-party content and information providers who place information on ZACH’S WAX’s Sites or Web site owners who maintain links with our Sites directly, if you have any questions about their use of the information they may potentially collect.

Children’s Privacy And Parental Consent

Since the Sites allow for the downloading of personal photos and data, and for reading material from third party sources, please be aware that ZACH’S WAX has not designed the Sites for, and does not intend for it to be used unsupervised by, anyone under age 13 who may inadvertently or otherwise disclose personal information unknowingly.  For this reason alone, the Sites should not be used unsupervised by anyone under age 13.

General Information Regarding Online Privacy and Information You Provide

At ZACH’S WAX we strive to protect your privacy and will attempt to comply with every aspect of this Privacy Policy.  Unfortunately, it is not possible to ensure the security of the information you send us over the Internet 100% of the time. For example, ZACH’S WAX does not generally use encryption and cannot protect against all unauthorized access. Consequently, ZACH’S WAX makes no guarantee or warranty with respect to this Privacy Policy, including without limitation, protecting your privacy, the privacy of any company for whom you may be using the Sites, or the confidentiality of information about either of you. Therefore, when you supply information to ZACH’S WAX, you and any company on whose behalf you supply such information do so at your own risk and you both assume full responsibility for the security, confidentiality and use of such information.

Links Provided To Other Sites

It is important to note that ZACH’S WAX may provide links to a number of other Web sites that we believe might offer you useful information and services. However, those sites may not follow the same privacy policies as ZACH’S WAX. Therefore, we are not responsible for the privacy policies or the actions of any third parties, including without limitation, any Web site owners whose sites may be reached through the Sites, nor can we control the activities of those Web sites. These links may include links to third parties such as advertisers, content providers and business partners and other suppliers who may (a) use the ZACH’S WAX logo and or style as a result of a co-branding agreement, (b) be linked to ZACH’S WAX, and/or (c) participate in providing one of the services or features offered through ZACH’S WAX. We suggest that you contact the relevant parties controlling these Sites or accessing their on-line policies for the relevant information about their data collection practices.

Your Consent To This Privacy Policy

USE OF THE SITES SIGNIFIES YOUR CONSENT, AS WELL AS THE CONSENT OF THE COMPANY OR BUSINESS FOR WHOM YOU USE THE SITES AND WHOSE INFORMATION YOU SUBMIT (IF ANY), TO THIS ON-LINE PRIVACY POLICY, INCLUDING THE COLLECTION AND USE OF INFORMATION BY ZACH’S WAX, AS DESCRIBED IN THIS PRIVACY POLICY, AND ALSO SIGNIFIES AGREEMENT BY BOTH YOU AND YOUR COMPANY TO THE TERMS AND CONDITIONS (also available on this site) FOR THE ZACH’S WAX WEB SITES CONTINUED ACCESS AND USE OF THE SITES WITHOUT ACCEPTANCE OF  THE TERMS OF THIS PRIVACY POLICY RELIEVES ZACH’S WAX FROM ANY RESPONSIBILITY TO THE USER.

Changes to Privacy Policy

Because the Internet is a rapidly evolving medium and because our business may change, ZACH’S WAX reserves the right to change this Privacy Policy from time to time. You should occasionally return to the posted Privacy Policy see if any changes have been made and to advise ZACH’S WAX as soon as possible if you want ZACH’S WAX to cease using any personal information you have submitted.  The effective date of the most recent revision is located at the end of this Privacy Policy. If we decide to materiallychange our Privacy Policy, we will post those changes through a prominent notice on the Sites so that you will always know what information we gather, how we might use that information, and to whom we will disclose it.

If at any time, you have questions or concerns about this Privacy Policy or believe that we have not adhered to this Privacy Policy, please feel free to email us at webmaster@zachswax.com.

Copyright 2010 ZACH’S WAX. All rights reserved.

Revised effective September 13, 2010