Terms and Conditions

Terms and Conditions of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE:

By visiting this website on any computer, mobile phone, tablet or other device (collectively, “Device”), and accessing the information, resources, products and services we provide, you understand and agree to accept and adhere to the following Terms of Use as stated in this policy (hereafter referred to as “User Agreement”).  

USER AGGREMENT

We reserve the right to change this User Agreement from time to time without notice. You (visitor to, or user of, this website) acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. You should visit this page from time to time to review the then current Terms of Use because they are binding on you. If you do not accept these terms and conditions, do not use this Website. Your use of this Website following any such revisions constitutes your agreement to follow and be bound by the terms as revised.  

Date of last revision: February 18th, 2023.

OWNERSHIP OF INTELLECTUAL PROPERTY

All intellectual property on the Website is owned by AMBOZELI or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by AMBOZELI. All content on the Website, including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (‘Content’) is a collective work under the United States and other copyright laws and is the proprietary property of AMBOZELI; All rights reserved.

SITE CONTENT

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

You agree not to change or delete any ownership notices from materials downloaded or printed from this Website. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Website, without AMBOZELI's prior written consent. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

All comments, feedback, suggestions, ideas, and other communications (collectively, 'Communications') submitted or offered to AMBOZELI in connection with your use of this Website shall be and remain property of AMBOZELI, and shall be free to use any ideas, concepts, know-how, or techniques contained in any Communication you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. Any personally identifiable information you provide to AMBOZELI through the website shall be subject to the Website's Privacy Policy.

PRODUCTS INFORMATION

All features, specifications, products and prices of products and services described on this Website are subject to change at any time without notice. From time to time there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on this Website. We reserve the right to make changes in information about price, description, or availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer. We have made every effort to display as accurately as possible the colors of our products that appear on the Website; however, the actual color you will see will depend on your computer, and we cannot guarantee that your computer will accurately display our colors. The inclusion of any products or services on this Website does not imply or warrant that these products or services will be available over the internet or in each of our stores at any particular time. All orders placed through the Website are subject to AMBOZELI's acceptance. This means that AMBOZELI may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, AMBOZELI will issue you a refund.

SAFEGUARD YOUR USERNAME/PASSWORD

You are responsible for any actions that take place while using your AMBOZELI account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Website. AMBOZELI is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.

USER SUBMISSIONS  

All User Comments, feedback, opinions, photos, profiles, messages, notes, information, data, website links, text information, music, videos, designs, graphics, sounds, and any other content that Users make available on or through the Website, except to the extent the Content is owned by AMBOZELI.

Any content posted by Users using any open communication tools on the website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of AMBOZELI, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources.  

All Content is provided by AMBOZELI under a limited license as a service to its current and prospective customers and may be used only for personal (that is, for the purchase of our merchandise) use.

USER RESTRICTED ACTIVITIES

Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

OPEN COMMUNICATION & USER CONDUCT

We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner.

By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that: Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language; Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party; Contains any type of unauthorized or unsolicited advertising; Impersonates any person or entity, including any AMBOZELI employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us. We do not assume any liability for any content posted by you or any other 3rd party users of our website.

USER ELIGIBILITY & REGISTRATION

To become a member of the AMBOZELI Website, or post content, you may be required to register for an account. You agree to provide accurate and current information about yourself in all registration forms on the Website. This Website is intended solely for users who are thirteen (13) years of age or older and it is a violation of these Terms of Use for anyone under 13 to register for the Website. You represent and warrant that you are 13 or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger.

THIRD PARTY LINKS

The Website may contain links to websites, applications or other products or services operated by other companies (‘Third Party Websites’). AMBOZELI does not endorse, monitor or have any control over these Third Party Websites, which have separate terms of use and privacy policies. AMBOZELI is not responsible for the content or policies of Third Party Websites and you access such Third Party Websites at your own risk.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless AMBOZELI, llc. and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

PRIVACY POLICY

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Website.

USER INTERACTION DISCLAIMER

You are solely responsible for your interactions with other people, whether online or in person. AMBOZELI is not responsible or liable for any loss or damage resulting from any interaction with other Website Users, persons you meet through the Website, or persons who find you because of information posted on, by or through the Website. You agree to take reasonable precautions in all interactions with other users on the Website, and conduct any necessary investigation before meeting another person.  AMBOZELI is under no obligation to become involved with any user dispute, but may do so at its own discretion.

WARRANTY DISCLAIMER

AMBOZELI is not responsible or liable for any User generated content or other Content posted on the Website or for any offensive, unlawful or objectionable content you may encounter on or through the Website. The Website, User Agreement , and the materials and products on this Website are provided "AS IS" and without warranties of any kind. To the fullest extent permitted by law, AMBOZELI disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. AMBOZELI cannot guarantee and does not promise any specific results from use of the Website. AMBOZELI does not represent or warrant that the Website will be uninterrupted or error-free, that any defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or anything else harmful. To the fullest extent permitted by law, AMBOZELI does not make any warranties or representations regarding the use of the materials or Content in the Website in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Website, loss of data or other harm of any kind that may result. AMBOZELI reserves the right to change any and all Content and other items used or contained in the Website at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

LIMITATION OF LIABILITY

AMBOZELI SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER WEBSITE USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT AMBOZELI SPONSORED EVENT, EVEN IF AMBOZELI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR ONLY REMEDY AGAINST AMBOZELI FOR USE OF THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. THAT SAID, IF AMBOZELI IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, AMBOZELI'S LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

GOVERNING LAW

This website is controlled by AMBOZELI LLC; it can be accessed by most countries around the world. No implication is made that the materials published on this Website are appropriate for use outside of the United States.  By accessing this website, you agree that the statutes and laws of the state of Oregon, U.S.A, which does not give rise to personal jurisdiction over AMBOZELI in jurisdictions other than Oregon. You agree that this Website, Terms of Use, Privacy Policy and any dispute between you and AMBOZELI shall be governed in all respects by Oregon law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Website (including but not limited to the purchase of AMBOZELI products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Oregon. You consent to waive all defenses of lack of personal jurisdiction and forum non-convenience with respect to venue and jurisdiction in the state and federal courts in Minnesota. Any cause of action or claim you may have with respect to the Website (including but not limited to the purchase of AMBOZELI products) must be commenced within one (1) year after the claim or cause of action arises. By using the Website, you agree to receive certain electronic communications from AMBOZELI. You agree that any notice, agreement, disclosure or other communication that AMBOZELI sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. AMBOZELI's failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. AMBOZELI may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

SEVERERABILITY

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

TERMINATION

AMBOZELI reserves the right in its sole discretion to terminate your account, delete your profile and any of your User generated Content , and restrict your use of all or any part of the Website for any or no reason, without notice, and without liability to you or anyone else. AMBOZELI also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Website. You understand and agree that some of your User generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Website, or on other websites (e.g., Facebook, Twitter, Google, etc), may continue to appear on the Website or on other websites even after your User generated Content is removed or your account is terminated. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.