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TERMS OF SERVICE
Terms of Service – Zelvia ActivePlease read these Terms of Service carefully.
Your access to and use of this Site are governed by these Terms of Service, which constitute a legally binding agreement between you and Zelvia Active. In addition, when using a specific service and/or accessing certain materials on or through this Site, you may be subject to additional terms, conditions, and rules applicable to that service and/or materials, which are incorporated into these Terms of Service and will govern in the event of any conflict or inconsistency.BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT USE THIS SITE OR PROVIDE US WITH YOUR INFORMATION.Arbitration and Class Action WaiverExcept for certain types of disputes described in the "Disputes" section below, you agree that disputes between you and Zelvia Active will be resolved through binding individual arbitration, and you waive your right to participate in a class action lawsuit or class-wide arbitration.EligibilityThis Site is available only to individuals who are at least 13 years old.You represent and warrant that you are at least 18 years old, or if you are under 18 but at least 13 years old, that you are using the Site with the consent of your parent or legal guardian and have received their permission to use the Site.If you are under 18 years old and have not received such permission, you may not use the Site under any circumstances.We may, at our sole discretion, refuse access to the Site to any individual or entity and may change our eligibility criteria at any time.It is your sole responsibility to ensure that these Terms of Service comply with all laws, regulations, and rules applicable to you.TerritoryZelvia Active operates this Site from South America.Although our products and services may be available to customers in various countries, we do not guarantee that the content, products, services, or materials offered on this Site are appropriate or available for use in all jurisdictions.If you access this Site from outside the regions where we operate, you do so at your own initiative and are responsible for compliance with all applicable local laws and regulations.Zelvia Active reserves the right to limit the availability of its products, services, or content to any person, geographic region, or jurisdiction at any time and at its sole discretion.RegistrationAs a condition of using certain features of the Site, you may be required to register and create an account ("Account") by selecting a username and password.You agree to provide accurate, complete, and current information and to keep your Account information updated.You may not:Use another person's name with the intent to impersonate them;Use a name subject to another person's rights without authorization;Use offensive, vulgar, or obscene usernames.You are solely responsible for all activity occurring under your Account and for maintaining the confidentiality of your password.You must immediately notify us of any unauthorized use of your Account or any security breach.Use of the Site, Materials, and ServicesThrough this Site, Zelvia Active may provide:Text, graphics, photographs, videos, documents, and other materials ("Materials");Various services, tools, software, and functionality ("Services").Zelvia Active grants you a limited, non-exclusive, non-transferable license to access and use the Site solely for your personal and non-commercial use.All rights not expressly granted are reserved by Zelvia Active.You may not:Remove proprietary notices;Modify, translate, adapt, or create derivative works;Republish, distribute, lease, sublicense, or sell any part of the Site;Reverse engineer, decompile, or disassemble any portion of the Site;Copy or reproduce the Site;Use the Site for commercial purposes without written permission;Use automated systems such as bots, scrapers, or data mining tools.Intellectual PropertyAll content, designs, graphics, logos, trademarks, text, software, and other intellectual property displayed on this Site are owned by or licensed to Zelvia Active and are protected by applicable intellectual property laws.Nothing in these Terms grants you ownership rights in any intellectual property belonging to Zelvia Active.The Zelvia Active name, logo, trademarks, and brand identity may not be used without prior written authorization.SMS, MMS, and Mobile MessagingSome of our services may allow you to receive SMS, MMS, or other mobile text messages.By opting in, you agree to receive communications related to:Promotions;Product updates;Order notifications;Marketing campaigns.ChargesStandard message and data rates from your mobile carrier may apply.Opt-OutYou may opt out at any time by replying:STOPto any message you receive.Personal InformationInformation collected through messaging services may include:Mobile phone number;Carrier information;Date and time of messages;Message content.Such information is handled in accordance with our Privacy Policy.User ContentAny content submitted to the Site, including:Reviews;Comments;Photos;Videos;Testimonials;Social media posts mentioning Zelvia Active;("User Content") remains your responsibility.You agree that User Content shall not:Violate intellectual property rights;Violate privacy rights;Be defamatory or threatening;Contain illegal material;Contain malware, viruses, or malicious code.By submitting User Content, you grant Zelvia Active a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, publish, distribute, and display such content for marketing, promotional, or business purposes.FeedbackAny suggestions, ideas, comments, recommendations, or improvements submitted to Zelvia Active become the exclusive property of Zelvia Active.You irrevocably assign all rights related to such feedback to Zelvia Active.Rules of ConductAs a condition of using the Site, you agree not to:Violate any applicable law;Interfere with Site functionality;Attempt unauthorized access;Distribute spam;Upload malicious software;Harvest data from users;Use automated scraping technologies;Engage in fraudulent or deceptive practices.We reserve the right to suspend or terminate access for violations of these Terms.Third-Party ServicesThe Site may contain links to third-party websites, services, or resources.Zelvia Active does not control and is not responsible for:Content;Accuracy;Availability;Policies;Practices;of third-party websites or services.Accessing third-party resources is done entirely at your own risk.Disclaimer of WarrantiesTHIS SITE, ITS CONTENT, PRODUCTS, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.ZELVIA ACTIVE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.Limitation of LiabilityTO THE MAXIMUM EXTENT PERMITTED BY LAW, ZELVIA ACTIVE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE OR PRODUCTS PURCHASED THROUGH THE SITE.Changes to These TermsWe reserve the right to modify these Terms of Service at any time.Changes become effective immediately upon posting on the Site.Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms.Contact InformationZelvia ActiveWebsite: www.zelviaactive.comEmail: zelvia.active@gmail.comThank you for choosing Zelvia Active. We are committed to providing a secure, transparent, and enjoyable shopping experience for customers throughout South America and around the world.
Zelvia Active - Terms & Conditions (Edited Version) Orders, Deliveries, Gift Cards Zelvia Active Gift Cards ("Gift Cards") are issued by Zelvia Active and can be used in South America to pay for Zelvia Active products online at www.paragonfitwear.com. Gift Cards and their use are subject to these Terms of Service and our Privacy Policy. The purchase, acceptance, or use of a Gift Card constitutes acceptance of this document and its terms. Please protect your Gift Card as if it were cash. Ownership and risk of loss of the Gift Card are transferred to the recipient immediately upon purchase. Zelvia Active is not responsible for Gift Cards that are lost, stolen, destroyed, or used without the recipient's permission. Gift Cards are not replaceable in case of loss or theft. A Gift Card cannot be used as a credit or debit card. Zelvia Active reserves the right to limit the number of Gift Cards purchased by any person or entity and to deactivate, cancel, or suspend any Gift Card if it suspects fraud, illegal activity, or misuse. No credit card, line of credit, overdraft protection, or bank account is associated with your Gift Card. You cannot reload (or add value/balance) to your Gift Card. When making a purchase with your Gift Card, the purchase amount, plus any shipping/handling fees and taxes, if applicable, will be automatically deducted from your Gift Card balance. If the value of your Gift Card purchase exceeds the available balance, you must pay the difference by another means accepted by Zelvia Active. Unused Gift Card balances are not transferable. Zelvia Active reserves the right to correct the balance of a Gift Card if it believes a billing error has occurred. Zelvia Active disclaims any responsibility for such billing errors.
Gift cards are not redeemable or refundable for cash, except as required by law. Gift cards do not have an expiration date, but in some states, after a certain period, we may remit the value corresponding to any unused gift card balances to certain states, in accordance with their abandoned property laws. Once we have remitted this value to a state, if a recipient attempts to redeem the gift card, it may no longer be redeemable, and we may refer the recipient to the government of that state. For the avoidance of doubt, other Zelvia Active promotions, discounts, credits, and coupons may have expiration dates. Coupon Codes Coupon codes have no monetary value, cannot be exchanged for cash, and cannot be combined with other offers. Limit of one coupon code per order. Coupon codes generally expire and are no longer valid for redemption 30 days after the issue date, but some codes may have a specific redemption period, as indicated on the code itself. Unauthorized reproduction, resale, modification, or commercialization of coupon codes is prohibited. Coupon codes are invalid where prohibited, taxed, or restricted. Zelvia Active reserves the right to change or limit coupon codes at its sole discretion. Consent for the collection and use of usage data
You agree that we may collect, use, and share certain information about you and your use of the Site and any products to which the Site connects, including, but not limited to, technical information about our products, your device, system software and applications, and peripherals — collected periodically to facilitate the provision of software updates, support, and other services related to the Site (collectively, “Usage Data”). We use Usage Data to improve our products and the Site, facilitate the provision of Site updates, and provide support and other services to you. Usage Data is automatically transmitted to us by the Site. You acknowledge and agree that we own exclusive ownership of all rights, title, and interest in and to the Usage Data, and you will not have the right to retain or use any Usage Data. We may use Usage Data without limitation, but we will ensure that such Usage Data is anonymized and/or aggregated in a way that no longer allows your identification before sharing it with third parties. Privacy We have a policy that addresses the privacy of your personal information. Your use of our Site is subject to it. Please read our Privacy Policy so that you understand the privacy parameters when using our Site. We reserve the right to monitor some, all, or none of the areas of this Site to verify compliance with these Terms of Service.
Termination We may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately, which may result in the loss and destruction of all information associated with your Account. If you wish to terminate your Account, you may do so by following the instructions on or through the Site. Any fees paid under the terms of this instrument are non-refundable. All provisions of these Terms of Service that by their nature should survive termination shall survive termination, including, without limitation, provisions relating to ownership, warranty disclaimers, indemnification provisions, and limitations of liability. Warranty Disclaimer and Release; Limitation of Liability We have no special relationship or fiduciary duty to you. You acknowledge that we have no obligation to take any action with respect to which users gain access to the Site, or how you may interpret or use the Services. You release us, as well as our directors, employees, and collaborators, from any and all liability arising from or related to your purchase or non-purchase of Services through the Site. We make no representations regarding any Services contained on or accessed through the Site, and we will not be responsible for the accuracy, copyright compliance, or legality of the Services contained on or accessed through the Site. You hereby waive Section 1542 of the California Civil Code or any other similar law of any jurisdiction, which states, in essence: "A general release does not extend to claims that the creditor does not know or suspect exist in his favor at the time of signing the release, which, if known to him, would have materially affected his agreement with the debtor."
Except as otherwise provided herein, this website, including all materials, services, information, and other content available on or through this website, is provided by Zelvia Active "as is," without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, continuity of availability, quality, accuracy, and/or system compatibility. Furthermore, no warranty shall arise from any course of performance, course of dealing, or usage of trade. YOU AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. BY USING THIS SITE, YOU ASSUME ALL RISKS ASSOCIATED WITH SUCH USE AND EXPRESSLY RELEASE PARAGON AND ITS THIRD-PARTY INFORMATION AND SERVICE PROVIDERS FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LOSS ARISING OUT OF OR RELATED TO SUCH RISKS. THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATION PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR A SPECIFIC PRODUCT OR COURSE OF ACTION. YOU ACKNOWLEDGE THAT: THE SITE MAY CONTAIN TECHNICAL OR OTHER ERRORS, INACCURACIES OR TYPOGRAPHICAL ERRORS AND MAY BE INOPERATIVE OR UNAVAILABLE FOR PERIODS OF TIME. ALTHOUGH PARAGON MAY UPDATE THIS SITE,
SOME INFORMATION MAY BE OUTDATED OR CONTAIN OTHER ERRORS. PARAGON DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PUBLISHED OR ANY OPINION, ADVICE, OR STATEMENT DISPLAYED ON THIS SITE. Regardless of the form of action or theory of recovery, in no event shall Zelvia Active, its affiliates, its licensors, and/or its service providers be liable to you in relation to the Site or your use of it for any: (A) indirect, consequential, incidental, special, punitive, or exemplary damages, even if they are aware of the possibility of such damages; or (B) lost profits, lost revenue, lost data, lost prospects, or business interruptions. Any claim relating to the Site must be initiated within one (1) year from the date of the event giving rise to the claim. PARAGON WILL NOT BE LIABLE FOR ANY DELAY OR FAILURE OF THE SITE, OR ANY COMPONENT THEREOF, OR YOUR ABILITY TO ACCESS OR USE THE SITE, RESULTING FROM CAUSES BEYOND PARAGON'S CONTROL, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, ACCIDENTS, STRIKES, FIRES, WAR, OR ACT OF GOD. Some jurisdictions may not allow the warranty disclaimers or limitations of liability set forth in these Terms of Service, so the above limitations may not apply to you. To the extent that such warranties or liabilities cannot be disclaimed but may be limited under the laws of your state, we limit such warranties and/or liabilities to the maximum extent permitted by applicable law.
Indemnification You agree to indemnify, defend and hold harmless Zelvia Active, its parent companies, subsidiaries, affiliates, directors, agents, brand partners, partners, licensors and employees from any claims or demands, including reasonable attorneys' fees, brought by third parties due to your use of this Site, your connection to this Site, your violation of these Terms of Service or any other applicable policy, your violation of any rights of third parties or failure to comply with any representation or warranty made by you under these Terms of Service. You are solely responsible for your actions when using this Site, including, but not limited to, the costs incurred for internet access. Disputes, Arbitration Clause, Class Action Waiver and Jury Trial Waiver IMPORTANT – READ CAREFULLY, AS THIS AFFECTS YOUR LEGAL RIGHTS: YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR DIRECTORS, ADVISORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (INCLUDING WHETHER OR NOT THIRD PARTIES) WITH RESPECT TO YOUR RELATIONSHIP WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES RELATING TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES AND/OR PRIVACY AND/OR PUBLICITY RIGHTS, WILL BE RESOLVED BY INDIVIDUAL AND BINDING ARBITRATION, IN ACCORDANCE WITH THE RULES OF JAMS, INC. (“JAMS”) FOR ARBITRATION OF CONSUMER DISPUTES, WE AND YOU HEREBY WAIVE THE RIGHT TO A JURY TRIAL; PROVIDED THAT WE OR YOU MAY SEEK INJUNCTIVE RELIEF OR OTHER EQUITABLE REMEDIES IN ANY STATE OR FEDERAL COURT WITH JURISDICTION TO GRANT SUCH RELIEF IN THE EVENT OF ACTUAL OR IMMEDIATE INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS. The discovery of evidence and the right of appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in a court may not be available in arbitration. Alternatively, you may file your claim in the local small claims court, if permitted by the rules of that court and if the claim is within its jurisdiction, unless the action is transferred, dismissed, or appealed to another court. You may only file claims in your own name.
Neither you nor we will participate in a class action or class arbitration for any claims covered by this agreement. YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER IN A CLASS ACTION IN ANY CLASS CLAIM YOU MAY HAVE AGAINST US, INCLUDING, WITHOUT LIMITATION, ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought by a private attorney general or on behalf of third parties, or in consolidated claims involving another person's account, should we be a party to the proceeding. These dispute resolution provisions shall be governed by the Federal Arbitration Act of South America and not by any state law relating to arbitration. If JAMS is unwilling or unable to schedule a hearing date within one hundred and sixty (160) days after the filing of the lawsuit, we or you may choose to have the arbitration administered by the American Arbitration Association. The arbitral award may be entered in any competent court. Regardless of any applicable law provision, the arbitrator shall not have the authority to grant indemnities, measures, or decisions that conflict with these Terms of Service. You agree that, regardless of any law or statute to the contrary, any claim or cause of action arising out of, relating to, or connected with the use of the Site or these Terms of Service must be filed within one (1) year after the claim or cause of action arises, or it will be deemed time-barred. If you do not wish to be subject to the arbitration and class action waiver provisions of this Disputes section, you must notify us in writing within thirty (30) days from the date you first accept these Terms of Service (unless a longer period is required by applicable law). Then you must litigate any disputes against us in accordance with the “Applicable Law and Jurisdiction” section below. Your written notification must be sent to the address indicated at the end of these Terms of Service.
If you do not notify us in accordance with this paragraph, you agree to be bound by the terms of this Disputes section, including, without limitation, the arbitration and class action waiver provisions, and including such provisions in any revisions we make to these Terms of Service after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email address and postal address; and (iii) a statement that you do not wish to resolve disputes with us through arbitration or waive your ability to participate in a class action. If we make any changes to this Disputes section (except for a change to the address to which we will receive notices or rejections of future changes to this Disputes section), you may reject such change by sending us written notice within thirty (30) days of the change to the address indicated at the end of these Terms of Service. It is not necessary to send us a rejection of a future amendment to this Disputes section if you have opted out within the first thirty (30) days after your first acceptance of the provisions of this Disputes section. If you have not opted out, by rejecting a future amendment, you agree that any dispute between us will be resolved by arbitration in accordance with the text of this Disputes section, as modified by any amendments that you have not rejected. A notice sent in accordance with this paragraph affects only these Terms of Service; if you have already entered into other arbitration or dispute resolution agreements with us or enter into other such agreements in the future, your notice that you are opting out of the provisions of this Disputes section will not affect the other arbitration agreements between you and us. If any of the prohibitions against class actions and other claims brought on behalf of third parties, contained above, are deemed unenforceable, all preceding text of this Disputes section will be considered null and void. This Disputes section, including, without limitation, the arbitration agreement and class action waivers contained herein, will remain in effect even after the termination of your relationship with us. Applicable law, severability and waiver
To ensure consistency in the interpretation and application of these Terms of Service and the rights of Zelvia Active on the Site, these Terms of Service shall be governed exclusively by the laws of the State of Michigan and the applicable federal laws of South America, without regard to the conflict of laws rules of any jurisdiction. Subject to the "Disputes" section above, you expressly agree that any litigation or dispute between you and Zelvia Active, relating in any way to the Site and/or these Terms of Service, and/or any disputes, actions, claims or causes of action relating thereto, shall be commenced and maintained in the Kent County Circuit Court, Michigan, or the South American District Court for the Western District of Michigan. You expressly consent to and irrevocably submit to the exclusive personal jurisdiction and venue of such courts. If any provision of these Terms of Service is deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to become valid and enforceable, and all other provisions of these Terms of Service shall remain in full force and effect.
Zelvia Active's failure to exercise any right or provision of these Terms of Service will not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by Zelvia Active. No waiver shall be presumed by the failure of either party to exercise a right or remedy. Furthermore, no waiver of a right or remedy by either party will affect the other provisions of these Terms of Service. Modifications We reserve the right, at our sole discretion, to modify or replace any of these Terms of Service, or to alter, suspend or discontinue the Site, in whole or in part (including, without limitation, the availability of any feature, database or content), at any time, by posting a notice on the Site or sending notification through the Site, by email or other appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Site without prior notice or liability. Although we make commercially reasonable efforts to notify you of modifications in a timely manner, it is also your responsibility to periodically check these Terms of Service for changes. Subject to the Disputes section, your continued use of the Site after notification of any changes to these Terms of Service constitutes acceptance of those changes. Entire Agreement These Terms of Service constitute the entire agreement between you and us with respect to the Site, including your use of the Site and the Application, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Site. Force Majeure We will not be liable for any failure to perform our obligations hereunder if such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communication failure or degradation. Attribution
These Terms of Service are personal and non-transferable and may not be assigned, transferred, or sublicensed by you, except with our prior written consent. We may assign, transfer, or delegate any of our rights and obligations hereunder without the need for your consent. No Agency No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service, and neither you nor Zelvia Active have any authority to bind each other in any way. Notices Unless otherwise provided in these Terms of Service, all notices under these Terms of Service shall be in writing and shall be deemed duly delivered: (i) upon receipt, if delivered personally or sent by registered mail or with return receipt requested; (ii) upon electronic confirmation of receipt, if transmitted by fax or email; or (iii) the day after sending, if sent by express delivery service with next-day delivery. Electronic notifications should be sent to zelvia.active@gmail.com. No waiver.
A nossa omissão em exigir o cumprimento de qualquer parte destes Termos de Serviço não constituirá uma renúncia ao nosso direito de exigir o cumprimento dessa ou de qualquer outra parte destes Termos de Serviço posteriormente. A renúncia ao cumprimento em qualquer caso específico não significa que renunciaremos ao cumprimento no futuro. Para que qualquer renúncia ao cumprimento destes Termos de Serviço seja vinculativa, devemos fornecer-lhe uma notificação por escrito dessa renúncia através de um dos nossos representantes autorizados.