Terms of Use
Welcome to ZestyPeel! These Terms of Use (“Terms”) govern your use of the ZestyPeel website, zestypeel.com (the “Site”), any ZestyPeel mobile application (the “App” and together with the Site, the “Platform”), and any features, content, products and other services offered by ZestyPeel (collectively, the “Services”).
PLEASE READ THESE TERMS CAREFULLY. By visiting our Platform and/or by using the Services, you agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink, including the Privacy Policy. We reserve the right to update, change, or replace any part of these Terms, including for any business reason or as may be required to comply with applicable laws, by posting updates and/or changes here. You are encouraged to review these Terms each time you use the Services because your use of the Services after the posting of changes will constitute your acceptance of the changes.
The Platform and Services are owned by ZestyPeel, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. We grant you a personal, limited, non-transferable, nonexclusive license to access and use the Platform and Services. We reserve the right, in our sole discretion and without notice to you, to revise the products and offers available on the Platform or the Services and to change, suspend or discontinue any aspect of the Platform or Services and we will not be liable to you or to any third party for doing so.
Section 2 - Modification of Service or Terms; Errors
A. Modification
ZestyPeel reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.
B. Typographical Errors
We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order was submitted and accepted). In the event that a product sold is mistakenly listed at an incorrect price or an incorrect amount is charged to your payment card, ZestyPeel reserves the right to refuse or cancel any orders placed for the product, whether or not the order has been confirmed and your payment method charged. If your payment method has already been charged for the purchase and your order is cancelled, ZestyPeel shall issue a credit to your payment method account.
Section 3 - Promotions and Offers
From time to time, we may provide promotions or offers for qualified customers (“Promotions”), such as sales, special discounts, free gift with purchase and Thrive Cash. Promotions may be subject to separate terms and conditions. In addition, for some products and services exclusions may apply. All Promotions are valid through their stated expiration dates, may be limited to specific quantities, are valid while supplies last, are limited to quantities on hand, are limited to one per customer, are not applicable towards the purchase of gift cards or memberships, and may not apply to certain merchandise. Any required spend amount refers to the purchase price of eligible products and does not include tax. Certain exclusions or other restrictions may be determined and communicated by ZestyPeel in its sole discretion. No substitutions or cash redemption is available. ZestyPeel reserves the right to make the final decision with respect to any redemption or fulfillment of any Promotion in its sole discretion. You agree to abide by the terms and conditions of any Promotion and acknowledge that circumvention of the terms and conditions of any such Promotion is an unauthorized or fraudulent act. You will be liable for damages caused by any such unauthorized or fraudulent act, and ZestyPeel reserves the right to charge the payment method in your account an amount equal to such damages. All Promotions are subject to cancellation or modification at any time.
Section 4 - Accuracy, Completeness, and Timeliness of Information
A. Accuracy, Completeness, and Timeliness of General Information
We are not responsible if information made available on the Services is not accurate, complete, or current.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Services are subject to change at any time without notice. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession,
B. Accuracy of Billing and Account Information
When you sign up for a Membership or purchase any product or service made available through the Services (each such purchase, a "Transaction"), you agree to provide current, complete, and accurate purchase and account information. You agree to promptly update your account and other information, including your email address and credit card account information, expiration dates and shipping address, so that we can complete your Transactions and contact you as needed.
You may only have one Membership per household. If you have obtained multiple promotional discounts as a result of setting up multiple Memberships for a single household, we may charge you the difference for any products purchased with a discount obtained in violation of these Terms. We shall have the sole discretion to cancel your Membership, modify any orders that you have placed through the Services, and refuse any order you place with us.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any Transaction. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
Section 5 - Optional Tools or Links
We may provide you with access to third-party tools or links over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. Any use of optional tools or links is entirely at your own risk and discretion, and we shall have no liability whatsoever arising from or relating to your use of such optional third-party tools.
Section 6 - Services Not for Minors
The Services are not targeted toward or intended for use by anyone under the age of 16. By agreeing to these Terms, you represent that you (a) are 16 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, (d) do not have more than one ZestyPeel account, and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
Section 7 - Copyright Infringement
If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to ZestyPeel’s Designated Agent, whose contact details are listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that ZestyPeel is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number, and email address;
- A statement that the notifier has a good faith belief that the material identified is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Upon receipt of a proper notice of copyright infringement, we reserve the right to:
- remove or disable access to the infringing material;
- notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
- terminate such content provider's access to the Services if he or she is a repeat offender.
Please contact ZestyPeel's Designated Agent at the following address:
Cobalt Terra Inc.Attn: General Counsel13500 LYNDON B JOHNSON STMANOR, TX 78653Section 8 - Personal Information
Your submission of personal information through the Services is governed by our Privacy Statement.
Section 9 - Disclaimer – No Professional Advice
Any information provided by us regarding the products or otherwise (e.g. product descriptions, promotional videos, blog posts, or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Services. Use of the Services is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts, and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.
YOU SHOULD ALWAYS SPEAK WITH A HEALTHCARE PROFESSIONAL BEFORE TAKING ANY DIETARY, NUTRITIONAL, HERBAL, OR HOMEOPATHIC SUPPLEMENT OR EVEN CERTAIN FOODS. ZestyPeel does not warrant and shall have no liability for information provided in the Services regarding recommendations concerning supplements for any and all health purposes. This information is provided solely as a guideline to be used when discussing a program with a healthcare professional. The claims made about specific nutrients or products have not been evaluated by the FDA. Dietary supplements are not intended to diagnose, treat, cure or prevent disease.
Section 10 - Taxes
Your total price will include the price of the product plus any applicable sales tax; such state and local sales taxes are based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where goods sold over the Internet are taxable.
Section 11 - Prohibited Uses
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Services or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet; or (l) in a manner inconsistent with, or in violation of, these Terms. We reserve the right to terminate your use of the Services or any related website for any reason, in our sole discretion and with or without notice to you.
Section 12 - Disclaimer of Warranties and Limitation of Liability
ZestyPeel attempts to display information on the Services as accurately as possible. However, ZestyPeel does not guarantee or make any representations or warranties concerning any content contained in or accessed on the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION (i) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT (ii) ANY WARRANTIES THAT ARISE FROM TRADE USAGE, OR (iii) THAT THE USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
EXCEPT IN CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF ZESTYPEEL, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ZESTYPEEL BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR PRODUCTS, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM ZESTYPEEL, OR FROM EVENTS BEYOND ZESTYPEEL’S REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ZESTYPEEL’S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF ZESTYPEEL ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR PRODUCTS EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS OR EXCEED THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO ZESTYPEEL IN CONNECTION WITH THE SERVICES IN THE PRECEDING TWELVE (12) MONTH PERIOD. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE ZESTYPEEL’S SOLE LIABILITY AND OBLIGATION, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY PRODUCTS YOU PURCHASE FROM US, OR FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ZESTYPEEL AND YOU.
WE DO NOT LIMIT OR EXCLUDE OUR LIABILITY WHERE OR TO THE EXTENT THAT IT WOULD BE UNLAWFUL. CERTAIN STATE OR NATIONAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU DESPITE THE "GOVERNING LAW" SECTION OF THESE TERMS OF USE, THE ABOVE APPLIES ONLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Section 13 - Indemnification
You agree to indemnify and hold ZestyPeel and its affiliates, directors, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your illegal use of the Services (including any actions taken by a third party using your account), (b) your violation of these Terms, (c) your posting of any defamatory or infringing content on the Site or App, and (d) your violation of any third-party rights in connection with your use of the Services. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Section 14 - Assignment
You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without ZestyPeel’s prior written consent. We may transfer, assign, or delegate these Terms, and our Privacy Policy, along with our rights and obligations herein, and thereto without consent.
Section 15 - Termination
The obligations and liabilities incurred prior to the termination of your Membership or use of our Services shall survive the termination of these Terms for all purposes. Account termination may result in deletion of any content associated with your account, so keep that in mind before you decide to terminate your use of the Services.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate your Membership and access to the Services at any time without notice and you will remain liable for all amounts due up to and including the date of termination.
Section 16 - Miscellaneous
The failure of either you or ZestyPeel to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.