Terms & Conditions
This Terms of Use Agreement sets forth the legally binding terms and conditions between you and Zushki Family, Inc. d/b/a Carewell (“Zushki,” “we,” “us,” or “our”) governing your access to and use of our website located at www.zushki.com, and any associated Zushki websites and subdomains, networks, and services, including services provided by telephone (collectively, the “Services”) and your purchase of products sold by Zushki (the “Products”), whether through our websites or via telephone. Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted or made available to you on or through the Services in connection with such features (“Supplemental Terms”). All such Supplemental Terms are incorporated by reference into this Terms of Use Agreement (together the “Agreement”). If this Terms of Use Agreement is inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to the features to which they apply.
BY PLACING AN ORDER ON Zushki , PURCHASING PRODUCTS FROM US, OTHERWISE ACCESSING OR USING THE SERVICES, OR ANY PORTION THEREOF, OR OTHERWISE INDICATING YOUR ASSENT TO THESE TERMS OF USE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT (ON BEHALF OF YOURSELF AND, AS APPLICABLE, THE ENTITY THAT YOU REPRESENT). IF THE INDIVIDUAL ENTERING INTO THIS AGREEMENT OR OTHERWISE ACCESSING OR USING THE SERVICES IS DOING SO ON BEHALF OF, OR WITHIN HIS OR HER CAPACITY AS A REPRESENTATIVE, AGENT, OR EMPLOYEE OF AN ENTITY, SUCH INDIVIDUAL AND SUCH ENTITY: (A) AGREE THAT THE TERMS “YOU” AND “YOUR” AS USED HEREIN APPLY TO SUCH INDIVIDUAL AND SUCH ENTITY; AND (B) REPRESENT AND WARRANT THAT THE INDIVIDUAL ENTERING INTO THIS AGREEMENT HAS THE POWER, RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF SUCH ENTITY.
YOU MAY NOT ACCESS OR USE THE SERVICES OR ACCEPT THIS AGREEMENT IF: (A) YOU ARE AN INDIVIDUAL THAT IS NOT AT LEAST 13 YEARS OLD; (B) YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT; OR (C) YOU HAVE BEEN PREVIOUSLY REMOVED FROM THE SERVICES BY Zushki .
IF YOU OPT-IN TO AN AUTOSHIP SUBSCRIPTION (AS DEFINED IN SECTION 6.1), THEN THE AUTOSHIP SUBSCRIPTION WILL AUTOMATICALLY RENEW AND THE APPLICABLE AUTOSHIP ORDER (AS DEFINED IN SECTION 6.1) WILL AUTOMATICALLY RECUR IN AT THE APPLICABLE AUTOSHIP INTERVAL (AS DEFINED BELOW IN SECTION 6.1) AT Zushki THEN CURRENT PRICE FOR THE AUTOSHIP PRODUCT (AS DEFINED BELOW IN SECTION 6.1) UNLESS AND UNTIL YOU OPT OUT OF THE AUTO-RENEWAL OF YOUR AUTOSHIP SUBSCRIPTION IN ACCORDANCE WITH SECTION 6.2 BELOW.
PLEASE BE AWARE THAT SECTION 16 OF THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING ARBITRATION. UNLESS YOU OPT OUT: (A) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (B) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
1. Services.
1.1. Overview. Zushki offers an online and by phone store for health products with the goal of improving the lives of caregivers and their families.
1.2. NO MEDICAL ADVICE. YOU ACKNOWLEDGE AND AGREE THAT: (A) Zushki DOES NOT PROVIDE ANY FORM OF MEDICAL CARE, MEDICAL OPINION, MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT; (B) CAREWELL DOES NOT EVALUATE THE NEED TO SEEK MEDICAL ATTENTION, THROUGH THE SERVICES; (C) THE CONTENTS OF THE SERVICES, SUCH AS GRAPHICS, IMAGES, INFORMATION, AND OTHER MATERIALS ARE FOR INFORMATIONAL PURPOSES ONLY AND THE PROVISION OF SUCH CONTENT DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP, AND DOES NOT CONSTITUTE A MEDICAL OPINION, MEDICAL ADVICE, OR DIAGNOSIS OR TREATMENT OF ANY PARTICULAR CONDITION; (D) THE CONTENTS OF THE SERVICES IS NOT INTENDED TO BE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT; AND (E) CAREWELL DOES NOT GUARANTEE THE EFFECTIVENESS OF OR ENDORSE, FOR ANY PARTICULAR MEDICAL PURPOSE, THE PRODUCTS. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR DOCTOR, PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
2. Accounts
2.1. Account Creation. In order to access or use certain features of the Services, you must register for an account (“Account”). You represent and warrant that: (a) all required registration information you submit in connection with your registration is truthful and accurate; and (b) you will maintain the accuracy of such information. Zushki may suspend or terminate your Account in accordance with Section 15. Upon any termination of your Account, your Autoship Subscriptions will automatically terminate.
2.2. Account Responsibilities. You are responsible for all activities that occur under and all Orders that are placed using your Account. You agree to immediately notify Zushki of any unauthorized use or suspected unauthorized use of your Account or any other breach of security. Zushki will not be liable for any loss or damage arising from your failure to comply with the above requirements. You shall not share your Account or password with anyone.
3. Access to the Services.
3.1. Access and Use. Subject to your compliance with this Agreement, Zushki grants you a limited, non-exclusive, revocable, limited, non-transferable, non-assignable, non-sublicensable, and “as is” right to use and access the Services solely in connection with obtaining information about and purchasing Products.
3.2. Restrictions on Use of the Services. You will not: (a) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services; (b) frame or utilize framing techniques to enclose any trademark, logo, or other portion of the Services (including images, text, page layout or form); (c) use any metatags or other “hidden text” using Zushki name or trademarks; (d) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from the Services (except that we grant the operators of public search engines revocable permission to use spiders/crawlers to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) access the Services in order to build similar or competitive products or services; (g) copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means part of Services except as expressly stated herein; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services; or (i) use the Services for any purpose prohibited by this Agreement or by applicable law. Any future release, update or other addition to the Services shall be subject to this Agreement. Any unauthorized use of the Services terminates the rights granted by Zushki pursuant to this Agreement. The foregoing sentence is not exclusive of any other rights or remedies that may be available to Zushki under law, equity, statute, or otherwise.
3.3. Modification or Termination of Service. We reserve the right to modify, update, suspend, or discontinue the Services (in whole or in part) at any time with or without notice to you. You agree that Zushki is not liable to you or to any third party for any such modification, update, suspension, or discontinuation. You may need to update third-party software from time to time in order to access and use the Services. Likewise, We reserve the right, without notice and in our sole discretion, to suspend or terminate your right to access or use the service (or any portion thereof). We are not responsible for any loss or harm related to your inability to access or use the Service (or any portion thereof).
4. Products and Returns. The Products may only be available in limited quantities and are subject to return or exchange only according to our return policy located at https://zushki.com/returns/. We will process returns or exchanges and any associated refunds within ten days of receipt of the purchased Product and our confirmation that such Product was (i) received by us within 30 days of the sale date, (ii) is not used and not open, (iii) is in the same condition you received it and (iv) is in its original package. We reserve the right to reject any returned or exchanged Product for failure to adhere to the forgoing conditions of return at our sole discretion. We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. Products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue the sale of any Product at any time. Any offer for any Products made on the Services is void where prohibited.
5. Orders. Although we strive to accept all valid orders for Products (each an “Order”), we reserve the right to deny any Order for any reason, including if: (a) we discover an error in pricing and/or other information about the Product ordered or receive insufficient or erroneous billing, payment, and/or delivery information, (b) we suspect an Order has been placed using stolen payment card information or otherwise appears to be connected to fraud, (c) the ordered Product is unavailable due to discontinuance or otherwise; or (d) the Order is connected to a previous payment dispute. Zushki reserves the right to cancel any Order at any time and provide you a refund for any amounts paid under the applicable Order. Please contact us at 877-964-7760 if you would like to cancel your Order. To be valid, any cancellation must occur within 20 minutes of an Order being placed.
6. Autoship Subscriptions.
6.1. Definitions. For purposes of this Agreement:
(a) “Autoship Interval” means the selected interval at which the Autoship Subscription renews and Autoship Orders will be placed;
(b) “Autoship Order” means Orders for Autoship Products that are automatically placed under an Autoship Subscription;
(c) “Autoship Product” means a Product for which you have opted into an Autoship Subscription; and
(d) “Autoship Subscription” means a program to which you may opt in pursuant to which Orders for specified quantities of a Product will automatically recur and be shipped to you.
6.2. Opt-In and Cancellation. By opting-in to an Autoship Subscription (all Autoship Subscriptions to which you have opted-in, “Your Autoship Subscriptions”) you agree to pay for all applicable Autoship Orders placed in accordance with this Agreement. When you place your initial Order for an Autoship Product and enroll in an Autoship Subscription, you will receive a notice that Your Autoship Subscription has been created and your initial Autoship Order will be processed. Your initial Order will be processed immediately, and your selected Payment Provider will be charged at the time such Order is placed. You may cancel Your Autoship Subscription(s) by logging into and going to the “Manage Autoships” page of your “Account Settings” page or by contacting Zushki at 855-855-1666 or support@demo.adhyaatma.com and requesting a cancellation of your Autoship Subscription(s). Cancellation will not apply to any order that has already been submitted to our warehouse for processing. You may change the Autoship Interval of Your Autoship Subscriptions at any time on a going forward basis by going to the “Manage Autoships” page of your “Account Settings” page. The Autoship Interval change becomes effective immediately upon making the change but will not apply to any order that has already been submitted to our warehouse for processing. We may, in our sole discretion, terminate any or all of Your Autoship Subscriptions at any time with or without notice. If we do so, you will only be charged for Autoship Orders that have been shipped to you prior to the time of termination.
6.3. Automatic Renewals. You agree that Your Autoship Subscriptions will automatically renew, and Autoship Orders will automatically recur at the Autoship Interval indefinitely unless and until you cancel the applicable Autoship Subscription or change the Autoship Interval in accordance with Section 6.2. You will be responsible for all Autoship Orders placed in connection with your Autoship Subscription prior to your request for cancellation. At the end of each Autoship Interval, the applicable Autoship Subscription will automatically renew for the duration of the immediately preceding Autoship Interval and an Autoship Order will automatically be placed for the applicable Autoship Products at our then-current price for such Autoship Products. You will receive an email notification reminding you of each upcoming Autoship Order up to 72 hours prior to the start of the next Autoship Interval. Upon renewal of an Autoship Subscription, if Zushki does not receive payment from your Payment Provider for the applicable Autoship Order, (a) you agree to pay all amounts due on your Account upon demand and/or (b) you agree that Zushki may either terminate or suspend your Autoship Subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Autoship Subscription will be activated and for purposes of automatic renewal, your new Autoship Interval will begin as of the day payment was received). Similarly, if Zushki does not receive a payment from your Payment Provider for a recurring purchase, the product(s) ordered will not be shipped.
7. Prices And Purchase Terms
7.1. Payment. You agree to pay all fees or charges for Products you purchase on or through the Services in accordance with the prices, fees, charges and billing terms in effect at the time the applicable Order is placed. To make an Order on or through the Services, you must provide Zushki with a valid credit card or debit card (“Payment Provider”). Your Payment Provider agreement governs your use of the designated credit card or debit card, and you must refer to that agreement to determine your rights and liabilities. By providing Zushki with your credit card or debit card number and associated payment information, you agree that Zushki is authorized to store or immediately charge or authorize its third party payment provider to store or charge your Payment Provider for all charges that are or become due and payable to Zushki hereunder and that no additional notice or consent is required, including any charges in connection with any Autoship Orders. You agree to immediately notify Zushki of any change in your billing address or the credit card used for payment hereunder. You may delete and/or add a credit card or debit card by contacting Zushki at 877-964-7760 or support@carewell.com. We may change the prices and billing methods for the Products at any time without notice. Except as set forth in the Agreement, all fees for the Services are non-refundable.
7.2. Taxes. You are responsible for paying any Sales Tax, as defined below, that may be due in connection with your Order. If Zushki determines it has a legal obligation to collect a Sales Tax from you in connection with this Agreement, Zushki shall collect such Sales Tax in addition to the payments required for Products under your Orders. If any payments for any Products under the Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Zushki , you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Zushki for any liability or expense Zushki may incur in connection with such Sales Taxes. Upon Zushki request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this Section, “Sales Tax” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
7.3. Credits. Upon request, any credits on your Account can be applied to your next Order prior to charging your Payment Provider.
7.4. Discounts and Promotions. Zushki reserves the right to provide or change discount benefits at any time in its sole discretion, including discount amounts and eligibility used to determine discount amounts. All changes will apply to future Orders, including for current Autoship Subscriptions. We may, in our sole discretion, create discounts and promotional codes or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Unless otherwise expressly stated on the applicable Promo Code, Promo Codes may only be used once per person. Only Promo Codes sent to you through official Zushki communications channels are valid. Promo Codes: (a) must be used for the intended audience and purpose, and in a lawful manner; (b) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (c) may be disabled by us at any time for any reason without liability to us; (d) may only be used pursuant to the specific terms that we establish for such Promo Code; (e) are not redeemable for cash; and (f) may expire prior to your use. Unless otherwise stated at the time of issuance, all Promo Codes expire 30 days after issuance. Any discount benefits, Promo Code, store credits, coupons or similar discounts or promotions on Products or Services are subject to strict compliance with the terms and conditions of eligibility and use, and subject to change at any time without notice. We reserve the right to reject or not apply such discounts or promotions should we determine the applicable conditions for such discount or promotion do not apply, at our sole discretion.
7.5. Title and Risk of Loss. All sales of Products are made Ex Works (Incoterms 2010) Zushki designated point of shipment, and title and risk of loss to each shipment of Products shall pass to you when Zushki makes such shipment available to the carrier.
7.6. Third Party Provider. Zushki uses Braintree by PayPal, Inc. (“Braintree”) as its third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services). You acknowledge that we are bound by, and you agree, to the extent applicable, to be bound by Braintree’s terms and conditions available at: https://www.braintreepayments.com/legal/payment-services-agreement and its privacy policy available at https://www.braintreepayments.com/legal/braintree-privacy-policy. You hereby consent and authorize Zushki and Braintree to share any information and payment instructions you provide with one or more third party service provider(s) to the minimum extent required to complete your transactions with us.
8. IP Rights
8.1. Ownership. You acknowledge that we or our licensors or suppliers own all right, title, and interest, including all intellectual property rights, in and to the Services and all information, data, text, photographs, messages, tags, and other content or materials accessible through the Services (“Content”) other than Your Content (as defined below). Except for the limited access rights expressly set forth in Section 3.1 you are not granted any rights with respect to the Services and there are no implied licenses granted by Zushki under this Agreement.
8.2. Feedback. We welcome any and all feedback to help us build a better service. If you provide Zushki with any feedback or suggestions regarding the Services (“Feedback”), you acknowledge that we can freely use such Feedback in any manner. Feedback you provide is not confidential or proprietary to you. So, please do not provide Zushki any information or ideas that you consider to be confidential or proprietary.
9. Content.
9.1. Your Content. Certain features of the Services may permit you to submit or post Content to the Services. You, and not Zushki , are entirely responsible for all Content that you upload, post, or otherwise make available (“Make Available”) through the Services (“Your Content”). You hereby grant Zushki a fully paid, royalty-free, worldwide, non-exclusive right (including any moral rights) and license to use, sublicense, distribute, reproduce, modify, adapt, publicly perform, and display, Your Content (in whole or in part) for the purpose of providing the Services and selling Products. Note that other users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Services.
9.2. Representations and Warranties. You represent and warrant that you have all necessary right, title, interest, authorizations, and permissions to: (a) Make Available all of Your Content; and (b) grant the rights, licenses, and permissions granted hereunder with respect to any data, content, information, or feedback, including Your Content and Feedback.
9.3. Restrictions on Your Content. You will not (and shall not permit any third-party to) Make Available any Content on or through the Services that: (a) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (b) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (c) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (e) involves commercial activities and/or sales without Zushki prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (f) impersonates any person or entity, including any employee or representative of Zushki .
9.4. Investigations. Zushki may, but is not obligated to: (a) monitor or review the use of the Services and Content at any time; (b) remove any Content, including Your Content for any reason (or no reason) ; (c) investigate any suspected or potential violations by you of any provision of the Agreement; and (d) immediately terminate your rights to access and use the Services, or change, alter, or remove Your Content, in whole or in part, without prior notice to you. Zushki has no responsibility or liability for the deletion or accuracy of any Content.
9.5. Ratings and Reviews. Ratings and reviews posted by users on the Services are Content that is not endorsed by Zushki and does not necessarily represent the views of Zushki. Zushki does not assume liability for ratings and reviews or for any claims for economic loss resulting from such ratings and reviews. Because we expect users to maintain a high level of integrity with respect to ratings and reviews posted through the Services, you agree: (a) to base any rating or review you post only on your first-hand experience with the applicable Product; (b) you will not provide a rating or review for any Product with respect to which you have a competitive, ownership or other economic interest, employment relationship or other affiliation; and (c) your review will comply with the terms of this Agreement. If we determine, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, we may exclude such Content without notice.
10. Procedure for Making Claims of Copyright Infringement. It is Zushki policy to terminate membership privileges of any user who repeatedly infringes copyright upon prompt notification to Zushki by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Services of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Carewell’s Copyright Agent for notice of claims of copyright infringement is as follows:
An email to: copyright@demo.adhyaatma.com
With a copy to:
Zushki Family, Inc. d/b/a Zushki
Attn: Zushki Copyright Agent
321 Romano Avenue, Coral Gables, Florida 33134
11. Indemnification. You agree to indemnify and hold Zushki (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any loss, claim, or demand arising out of: (a) your use of the Services; (b) your violation of this Agreement or any other terms and conditions with respect to Products or Services purchased; (c) your violation of applicable laws or regulations; (d) Zushki use in accordance with this Agreement of any data, content, information, or feedback, including Your Content and Feedback, that you Make Available; or (e) your violation, or Your Content’s violation, of any rights of another party, including any other users or customers. We may assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter for which you may have an indemnification obligation hereunder without the prior written consent of Zushki. Zushki will use reasonable efforts to notify you of any claim, action, or proceeding for which you may have an indemnification obligation hereunder upon becoming aware thereof. This provision does not require you to indemnify Zushki (or its officers, employees, or agents) for Zushki (or its officers’, employees’ or agents’) fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services provided hereunder. You agree that the provisions in this Section will survive any termination of your Account, the Agreement and/or your access to the Services.
12. Applicability of Arbitration Agreement. You agree that any dispute, claim or request for relief relating in any way to your access or use of the Services, or to any aspect of your relationship with Zushki , will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims or seek relief in small claims court if your claims qualify; and (2) you or Zushki may seek equitable relief in court for infringement or other misuse of intellectual property rights. This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
13. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to our registered agent:
14. Changes to these TOS. This Agreement is subject to revision. If we make any substantial changes, we may require you to accept the changes, notify you by sending you an e-mail, as explained in Section 17.7), and/or by prominently posting notice of the changes on the Services.Any changes to this Agreement will be effective upon the earliest of (i) when you provide your acceptance of the changes, (ii) thirty (30) calendar following our dispatch of an e-mail notice to you (if applicable), and thirty (30) calendar days following our posting of notice of the changes on the Services. Continued use of our Services following notice of such changes shall indicate your acknowledgement and acceptance of such changes and agreement to be bound by the terms and conditions of such changes. The changes will be effective immediately for new users of the Services.
If we make a change to our Privacy Policy, we will follow the process described in our Privacy Policy.
15. Export. The Services and Products may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You may not use, export, import, or transfer the Services and Products except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services and Products may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Services, you represent and warrant that (y) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (z) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Zushki products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
16. Disclosures. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
17. Electronic Communications. The communications between you and Zushki use electronic means, whether you use the Services or send us emails, or whether Carewell posts notices on the Services or communicates with you via email and/or via text message, calls and/or push notifications to your phone from us. These communications may include notices about your Account (e.g., payment authorizations, password changes, unauthorized attempts to access your account, and other transactional information), advertisements, and your relationship with us. You represent that you are the Account holder for the mobile telephone number(s) that you provide. If you change your mobile telephone number(s), you will notify us immediately by updating your number in your Account. Any consents, authorizations, agreements, notices, disclosures, or other communications that are provided to you electronically and/or in these Terms of Use satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. The foregoing does not affect your non-waivable rights. Please refer to Zushki messaging terms and conditions.
18. Force Majeure. Zushki shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, epidemics, pandemics, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
19. Governing Law and Venue. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT. Both you and Zushki agree that the exclusive venue for any claims and disputes arising out of or relating to the Agreement will be exclusively in the state of Delaware. Similarly, Zushki and You agree that the exclusive venue for any dispute, claim, or request for relief not subject to arbitration and severed from an arbitration pursuant to Section 16.5 above, are the State or Federal Courts located in the State of Delaware.
20. Notice. Where Zushki requires that you provide an e-mail address, you are responsible for providing Zushki with your most current e-mail address. In the event that the last e-mail address you provided to Zushki is not valid, Zushki dispatch of the e-mail containing such notice will constitute effective notice. You may give notice to Zushki at the following address: 1930 Abbott Street, Suite 403, Charlotte North Carolina 28203. Such notice shall be deemed given when received by Zushki by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
21. International Users. The Services are controlled and offered by Zushki from its facilities in the United States of America. Zushki makes no representations that the Services is appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.
22. Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Zushki is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Zushki prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Zushki may freely assign this Agreement. The terms and conditions set forth in this Agreement shall be binding upon assignees.
23. CCPA & Privacy
Zushki never sells your personal information or data. We take your privacy very seriously.
Under California’s California Consumer Privacy Act or “CCPA”, effective as of January 1, 2020, California residents are given the right to opt out of the sale of their personal information.
While we do not sell any data of our customers, this website uses cookies. Cookies are used to improve user experience, track anonymous site usage, store authorization tokens, enhance users experience of site usability, marketing activities, and permit sharing on social media networks voluntarily by customers (please see our Privacy Policy for a full description of how we use your data). In certain cases, sharing data with these providers could be considered a “sale” under CCPA even though it is not a sale in the traditional sense. We are therefore giving California residents the ability to opt out of the cookies and trackers that may fall under the definition of “sale” under CCPA. Please note: If you opt out of these cookies and trackers, your web experience may be severely degraded.
CONTACT US
To opt out of this CCPA Policy, please contact us at:
Telephone: (800) 924-3650
E-Mail: support@zushki.com