IMPORTANT NOTE: THE FOLLOWING TERMS MANDATE THE ARBITRATION OF CERTAIN DISPUTES AND RENOUNCE SPECIFIC RIGHTS TO JURY TRIALS AND/OR CLASS-BASED CLAIMS. PLEASE REVIEW THIS "ARBITRATION AGREEMENT & GOVERNING LAW" SECTION THOROUGHLY BEFORE ACCESSING OR UTILIZING ZIP N BEAR'S WEBSITE AND SERVICES. YOUR ENGAGEMENT IMPLIES ACKNOWLEDGMENT AND CONSENT.

OVERVIEW

This website ("Site") is operated and owned by Zip N' Bear. For the purposes of this agreement, the designations "we", "our", or "Zip N' Bear" pertain exclusively to the Zip N' Bear entity, and any reference to "you", "user", or "party" pertains to the individual or entity accessing or otherwise utilizing this Site or its affiliated web domains, including, but not limited to, www.ZipNBear.com.

The offerings, content, products, and services provided on and through this Site, as well as any affiliated domains or platforms ("Services"), are extended to you under the explicit precondition of your acceptance of and compliance with the terms, provisions, conditions, covenants, and notifications herein ("Terms of Service" or "Agreement").

By accessing, browsing, or making use of any Services from this Site, you expressly and unconditionally agree to be legally bound by these Terms of Service, as well as any other ancillary terms, conditions, or policies which are incorporated by reference or made accessible via hyperlink, inclusive of, but not limited to, our Privacy Policy and Messaging Terms of Service.

If you disagree, in whole or in part, with these Terms of Service or any subsequent modifications or amendments thereto, your sole recourse is to discontinue your use of and access to the Site and its Services. By continuing to access or use the Site post any amendments, you explicitly signify your acceptance of those revised terms.

This Site and its Services are dynamic in nature, and as such, may undergo periodic updates, modifications, additions, or deletions. These changes will be encompassed within the purview of the Terms of Service. It remains the onus of the user to periodically review the Terms of Service to ensure familiarity with its most current version. Any alterations to the Terms of Service become effective immediately upon posting and any continued use of the Site post such modifications constitutes your tacit agreement to be bound by the modified terms.

ELIGIBILITY AND ACCOUNT REGISTRATION 

1. Eligibility: The services and features offered on the Zip N' Bear website are intended solely for individuals who are 18 years of age or older. If you are under the age of 18, you should use the website only with the involvement of a parent or guardian. By registering for an account or using our services, you represent and warrant that you meet this age requirement.

2. Account Creation: To access certain features or make purchases on the Zip N' Bear website, you may be required to create an account. When registering, you must provide accurate, complete, and updated registration information. It is prohibited to use false information or impersonate another individual or company through your account.

3. Account Security: You are solely responsible for safeguarding your Zip N' Bear account login credentials. Should any unauthorized access or security breach occur, you are obligated to inform Zip N' Bear immediately. While we take measures to protect your account, Zip N' Bear cannot be held responsible for any unauthorized access stemming from your failure to properly secure your account or share login details.

4. Account Termination: Zip N' Bear reserves the right, at its sole discretion, to suspend or terminate your account, refuse any current or future use of the service, for any reason, including if we believe you have violated these Terms, engaged in fraudulent or illegal activity, or for any other reason.

5. Account Information: We encourage users to regularly review and update their account information. Zip N' Bear is not responsible for any issues or liabilities arising from outdated or incorrect account information provided by the user.

USER CONDUCT 

1. General Use: The Zip N' Bear website and its associated services are provided for your personal, non-commercial use. Any use of the website that isn't in line with its intended purpose, including unauthorized commercial activity or resale, is strictly prohibited.

2. Acceptable Conduct: When using the Zip N' Bear website, you agree not to:

• Upload or share content that is illegal, harmful, or offensive.
• Interfere with the website's operations or any user's enjoyment of it.
• Attempt to gain unauthorized access to the website, user accounts, or underlying systems and networks.
• Use automated systems, such as robots or crawlers, without Zip N' Bear's explicit written permission.

3. Intellectual Property: All content, including but not limited to, designs, graphics, and text, provided on the Zip N' Bear website, are the intellectual property of Zip N' Bear or its content suppliers and protected by international copyright laws. Unauthorized use or replication is strictly prohibited.

4. Content Accuracy: While Zip N' Bear endeavors to provide the most accurate and updated information, there might be instances where content may contain inaccuracies or omissions. Zip N' Bear does not guarantee the accuracy, reliability, or completeness of any content provided.

5. Suspension and Termination: Zip N' Bear reserves the right to temporarily or permanently suspend user accounts and/or restrict access to the website, without notice, for conduct that Zip N' Bear believes violates these Terms or is harmful to other users, Zip N' Bear, or third parties, or for any other reason at its sole discretion. In the event of suspension or termination, you remain liable for all amounts due up to and including the date of suspension or termination.

PRIVACY

At Zip N' Bear, the privacy and protection of our visitors and customers are paramount. We are committed to maintaining the confidentiality and security of your personal information. When you interact with our website, we may collect certain types of information to enhance your experience and deliver personalized content.

1. Data Collection: We collect data that you provide directly to us, such as when you create an account, make a purchase, or sign up for our newsletter. This may include your name, email address, shipping address, and other relevant details. Additionally, our website may automatically collect certain technical data like your IP address, browser type, and browsing behavior.

2. Usage: We utilize this data to process transactions, improve our website functionality, send you relevant communications, and for other legitimate business purposes.

3. Sharing: Zip N' Bear does not sell or lease your personal information to third-party entities. We might share data with service providers who help with our business operations, but they are bound by confidentiality agreements.

4. Protection: We employ various security measures to protect the data we collect. This includes the use of secure servers, encryption, and other advanced technologies.

5. Cookies: Our website uses cookies, small text files stored on your device, to enhance your browsing experience and for analytical purposes. You can adjust your browser settings if you wish to decline cookies.

For a detailed understanding of how we collect, use, and protect your personal data, please refer to our Privacy Policy.

INTELLECTUAL PROPERTY

All content present on the Zip N' Bear website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software, is the exclusive property of Zip N' Bear or its content suppliers and is protected by international copyright, trademark, and other relevant intellectual property laws.

1. Ownership: Zip N' Bear owns or has rights to all the intellectual property rights in our website and the material published on it. These works are protected by copyright laws and treaties worldwide.

2. Usage Restrictions: You may not reproduce, distribute, modify, display, publicly perform, republish, download, store, or transmit any part of our website without the prior written consent of Zip N' Bear, except as follows:

• You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device for your personal, non-commercial use, provided you agree to be bound by any applicable end-user license agreement for such applications.

3. No Unauthorized Use: Unauthorized use of this website may give rise to a claim for damages and/or be deemed a criminal offense. 

4. Trademarks: The Zip N' Bear logo and all related names, designs, and slogans are trademarks of Zip N' Bear or its affiliates or licensors. You may not use such marks without the prior written permission of Zip N' Bear.

5. Infringement Notices: If you believe any content on our website infringes on your intellectual property rights, please contact us immediately with detailed information so we can address your concerns.

PURCHASES & PAYMENTS

1. Making Purchases: When you make a purchase on the Zip N' Bear website, you are agreeing to pay the listed price, applicable taxes, and any shipping and handling charges. All sales are binding and finalized upon transaction completion.

2. Payment Methods: Zip N' Bear accepts various payment methods for your convenience, including credit cards, debit cards, and other online payment systems. Specific payment methods available can vary and will be presented at checkout.

3. Order Confirmation: Once you have completed your order, you will receive an email confirmation detailing your purchase. This confirmation does not constitute an acceptance of your order but acknowledges that we have received it.

4. Order Acceptance and Cancellation: Zip N' Bear reserves the right to decline or cancel any order, for any reason, including product unavailability, errors in the description or price, or errors in your order. If your payment method has already been charged and your order is canceled, Zip N' Bear will issue a refund.

5. Pricing Errors: In the event of a pricing error, we may refuse or cancel any orders placed for that item. We will notify you of any cancellation. If your payment method has been charged for the purchase and your order is canceled, Zip N' Bear will promptly issue a refund.

6. Returns and Refunds: Specific guidelines for returns and refunds are detailed in our separate Shipping & Returns Policy

USER CONTENT AND CONDUCT

1. User-Generated Content: Certain parts of the Zip N' Bear website may allow users to post or upload content, including but not limited to reviews, comments, photos, or other materials ("User Content"). By posting User Content, you grant Zip N' Bear a non-exclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, and display such content across any form of media.

2. User Responsibility: You acknowledge and agree that you are solely responsible for any User Content you post. Zip N' Bear does not endorse, nor is it liable for, User Content submitted to the website.

3. Content Standards: All User Content should be respectful and free from offensive language, hate speech, harassment, and unlawful material. Zip N' Bear reserves the right to remove, edit, or decline to post any User Content that violates these standards or any other provisions of these Terms.

4. Prohibited Uses: Using the Zip N' Bear website for unlawful purposes, to solicit others to engage in unlawful acts, or to violate international, federal, or state regulations, rules, laws, or local ordinances is prohibited.

5. Account Security: It's your responsibility to safeguard the confidentiality of your account information, including your password. You're responsible for any activity under your account, whether or not authorized by you.

6. Termination for Violations: Zip N' Bear reserves the right to terminate access for any user who violates these Terms, including but not limited to the content and conduct guidelines outlined here.

DISPUTE RESOLUTION 

1. Initial Dispute Resolution: We are most desirous to address your concerns without needing a formal legal case. Before filing a claim against Zip N' Bear, you agree to try to resolve the dispute informally by contacting support@zipnbear.com. We'll try to resolve the dispute informally by contacting you through email. If a dispute is not resolved within 15 days of submission, you or Zip N' Bear may bring a formal proceeding.

2. Agreement to Arbitrate: You and Zip N' Bear agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of California, subject to the mandatory arbitration provisions below. Both you and Zip N' Bear consent to venue and personal jurisdiction in such courts. If you reside in a country with laws that do not allow you to be bound by arbitral obligations, then the above language doesn't apply to you.

3. No Class Actions: You may only resolve disputes with Zip N' Bear on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

4. Judicial forum for disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Zip N' Bear agree that any judicial proceeding will be brought in the federal or state courts of California. Both you and Zip N' Bear consent to venue and personal jurisdiction there.

WARRANTY AND LIABILITY

1. Product Warranty: All products offered by Zip N' Bear are covered by a limited warranty against manufacturing defects for a period of 30 days from the date of purchase, unless otherwise specified. This warranty does not cover damages resulting from misuse, negligence, or normal wear and tear.

2. No Other Warranties: Except for the aforementioned warranty, Zip N' Bear makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability or fitness for a particular purpose.

3. Limitation of Liability: In no event shall Zip N' Bear, its directors, employees, or agents be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the services or products.

4. Cap on Liability: Under no circumstances will Zip N' Bear's liability exceed the purchase price of the product or service in question.

5. User Responsibility: It is your responsibility to use Zip N' Bear's products and services appropriately and within the guidelines set forth. Any damage or injury resulting from misuse or neglect is solely the responsibility of the user.

LINKS TO THIRD-PARTY WEBSITES

In an effort to provide increased value to our users, Zip N' Bear may provide links or connections to third-party websites or services from our website. These links are provided solely as a convenience and do not signify Zip N' Bear's endorsement, affiliation, or partnership with such third-party websites or services.

Please note:

1. Independent Policies and Practices: These third-party websites and services have separate and independent terms of service, privacy policies, and other guidelines. We have no control over the content and activities of these linked sites. Therefore, we encourage our users to read the terms and policies of any third-party website or service that they visit via a link from our website.

2. No Liability: Zip N' Bear shall not be responsible or liable, directly or indirectly, for any damage, loss, or issue caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

3. Review and Feedback: While we aim to curate these links with care, we appreciate feedback about these third-party websites, particularly if a link does not work or directs users to an unintended page.

If you decide to access or use any third-party services linked from our website, you do so entirely at your own risk and subject to the terms and conditions of use for such services.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Zip N' Bear, its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

1. Your violation of these Terms of Service;
2. Your use of the Website, including, but not limited to, your User Contributions or any use of the Website's content, services, and products other than as expressly authorized in these Terms;
3. Your violation of any rights of a third party, including but not limited to any copyright, trademark, privacy or other proprietary or personal right; or
4. Any claim that one of your User Contributions caused damage to a third party.

Zip N' Bear reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will assist and cooperate with Zip N' Bear in asserting any available defenses.

SEVERABILITY

If any provision of these Terms of Service is determined by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The invalidity or unenforceability of any provision will not affect the validity or enforceability of the other provisions, which will remain in full force and effect. 

ENTIRE AGREEMENT

1. Complete Understanding: These Terms of Service, together with any policies, notices, or other legal documents incorporated herein by reference, represent the entire understanding and agreement between you and Zip N' Bear concerning the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, and communications, both written and verbal, with respect to the subject matter of these Terms.

2. Precedence: In the event of a conflict between these Terms of Service and any other agreement or understanding related to the use of the Website or services provided by Zip N' Bear, these Terms of Service shall prevail unless expressly otherwise stated in such other agreement.

3. No Waiver: No failure or delay in exercising any right, power, or privilege under these Terms of Service will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.

CONTACT INFORMATION

For any questions, concerns, or comments regarding these Terms of Service or other related inquiries, please reach out to us at support@zipnbear.com. 

Our customer service team will do their best to address your concerns in a timely and efficient manner. We value the feedback and participation of our community, and look forward to assisting you.