Terms of service
Overview
Welcome to Inner Ziva LLC, doing business as Inner Ziva ("Inner Ziva," "we," "us," or "our"). Inner Ziva LLC operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Inner Ziva is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
Section 1 — Access and Account
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
The Sites are intended for users who are at least 18 years of age. By accessing or using the Sites, you represent and warrant that you are 18 years of age or older. Persons under the age of 18 are not permitted to use or register for the Sites.
Last updated: March 2026
Section 2 — User Representations
By using the Sites, you represent and warrant that: (1) you have the legal capacity to agree to these Terms of Service and will comply with them; (2) you are not a minor in the jurisdiction in which you reside; (3) all information you submit during checkout or any form on the Sites is true, accurate, current, and complete; (4) you will not access the Sites through automated or non-human means, whether through a bot, script, or otherwise; (5) you will not use the Sites for any illegal or unauthorized purpose; and (6) your use of the Sites will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we reserve the right to refuse, cancel, or suspend your access to the Sites and any current or future orders.
Section 3 — Our Products
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
All products are subject to availability. While every Inner Ziva piece is made to order, we cannot guarantee availability of all materials or variants at all times. We reserve the right to discontinue any product at any time for any reason. Prices for all products are subject to change.
Certain products may be personalized, engraved, or custom-made to order. Because these items are created specifically for you, personalized and custom items are final sale and not eligible for return or exchange except in cases of manufacturing defect or damage, as described in our Refund Policy.
Section 4 — Orders
When you place an order, you are making an offer to purchase. Inner Ziva reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Inner Ziva confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Inner Ziva may be unable to accommodate cancellation requests after an order is accepted.
In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
Section 5 — Prices and Billing
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
Section 6 — Shipping and Delivery
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
Section 7 — Intellectual Property
Unless otherwise indicated, the Inner Ziva website and related services (the “Sites”) are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Sites (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws of the United States, applicable international copyright laws, and international conventions. The Content and the Marks are provided on the Sites "AS IS" for your information and personal use only.
Except as expressly provided in these Terms of Service, no part of the Sites and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Unauthorized use of the Services may be a violation of federal and state intellectual property laws.
Provided that you are eligible to use the Sites, you are granted a limited license to access and use the Sites and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Sites, the Content and the Marks.
Inner Ziva's names, logos, product and service names, designs, and slogans are trademarks of Inner Ziva or its affiliates or licensors. You must not use such marks without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Sites are the trademarks of their respective owners.
Section 8 — Prohibited Activities
You may not access or use the Sites for any purpose other than that for which we make the Sites available. The Sites may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Sites, you agree not to:
(1) Systematically retrieve data or other content from the Sites to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
(2) Make any unauthorized use of the Sites, including collecting email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
(3) Use the Sites to advertise or offer to sell goods and services not authorized by us.
(4) Circumvent, disable, or otherwise interfere with security-related features of the Sites, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Sites and/or the Content contained therein.
(5) Engage in unauthorized framing of or linking to the Sites.
(6) Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
(7) Make improper use of our support services or submit false reports of abuse or misconduct.
(8) Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
(9) Interfere with, disrupt, or create an undue burden on the Sites or the networks or services connected to the Sites.
(10) Attempt to impersonate another user or person or use the username of another user.
(11) Use any information obtained from the Sites in order to harass, abuse, or harm another person.
(12) Use the Sites as part of any effort to compete with us or otherwise use the Sites and/or the Content for any revenue-generating endeavor or commercial enterprise.
(13) Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Sites.
(14) Attempt to bypass any measures of the Sites designed to prevent or restrict access to the Sites, or any portion of the Sites.
(15) Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Sites to you.
(16) Delete the copyright or other proprietary rights notice from any Content.
(17) Copy or adapt the Sites' software, including but not limited to HTML, JavaScript, or other code.
(18) Upload or transmit viruses, Trojan horses, or other malicious material that interferes with any party's uninterrupted use and enjoyment of the Sites or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Sites.
(19) Upload or transmit any material that acts as a passive or active information collection or transmission mechanism, including without limitation clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices sometimes referred to as "spyware" or "passive collection mechanisms."
(20) Use, launch, develop, or distribute any automated system, including without limitation any spider, robot, cheat utility, scraper, or offline reader that accesses the Sites, or launch any unauthorized script or other software.
(21) Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Sites.
(22) Use the Sites in a manner inconsistent with any applicable laws or regulations.
We reserve the right to suspend, disable, or terminate your access to the Sites at any time, without notice, if we determine that you have violated any part of these Terms.
Section 9 — Optional Tools
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor 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. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
Section 10 — Third-Party Links and Content
The Sites may contain hyperlinks to websites provided or operated by third parties ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, video, information, applications, software, and other content belonging to or originating from third parties ("Third-Party Content"). We are not responsible for examining or evaluating the content, accuracy, appropriateness, or completeness of any Third-Party Websites or Third-Party Content, and we are not responsible for any Third-Party Websites accessed through the Sites or any Third-Party Content posted on, available through, or installed from the Sites.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Sites to access Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Service no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Sites.
Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility in relation to such purchases, which are exclusively between you and the applicable third party. We do not endorse the products or services offered on Third-Party Websites. You agree to hold us harmless from any harm caused by your purchase of such products or services, and from any losses or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
Section 11 — Customer Artwork Submissions
When you submit artwork, drawings, handwriting, or any other images ("Artwork") to Inner Ziva as part of the ordering process, you represent and warrant that:
(1) You are the owner of the Artwork or have full rights, consents, and permissions to submit it for use in the production of your order.
(2) The Artwork does not infringe the copyright, trademark, or other intellectual property rights of any third party.
(3) The Artwork does not contain any material that is unlawful, offensive, or otherwise objectionable.
(4) You have obtained any necessary consents for the use of any identifiable person's name, likeness, or image included in the Artwork.
By submitting Artwork, you grant Inner Ziva a limited, non-exclusive license to reproduce and engrave the Artwork for the purpose of fulfilling your order, and where you have opted in at checkout, to use images of your finished piece — including the engraved Artwork — for marketing, social media, and promotional purposes. You may withdraw this marketing permission at any time by contacting us at hello@innerziva.com.
Inner Ziva does not claim ownership of your Artwork. You retain all rights to the original. We will never sell or license your Artwork to any third party.
Inner Ziva reserves the right to decline any Artwork submission that, in our sole discretion, contains content that is unlawful, offensive, or otherwise inappropriate for production.
Section 12 — Guidelines for Reviews
We may provide you areas on the Sites to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the product being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain references to illegal activity; (4) you should not be affiliated with competitors if posting negative reviews; (5) you may not post any false or misleading statements; and (6) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review.
By posting a review, you grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to that review.
Section 13 — Relationship with Shopify
Inner Ziva is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Inner Ziva. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Inner Ziva, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Inner Ziva.
Section 14 — Privacy Policy
We care about data privacy and security. Please review our Privacy Policy, which is incorporated into these Terms of Service. By using the Sites, you agree to be bound by our Privacy Policy. Certain personal information may also be subject to Shopify's Privacy Policy, which can be viewed here.
Please be advised the Sites are hosted in the United States. If you access the Sites from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Sites, you are transferring your data to the United States and you expressly consent to have your data transferred to and processed in the United States.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.
Section 15 — Feedback
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
Section 16 — Corrections and Accessibility
Inner Ziva is committed to making our Sites accessible and user friendly to everyone. If you are having difficulty viewing or navigating the Sites, or have a suggestion on how we can make the Sites more accessible to people with disabilities, please contact us at support@innerziva.com and we will do our best to assist you.
Occasionally there may be information on the Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order. We reserve the right to correct pricing errors and cancel any orders placed at an incorrect price, even after payment has been processed. A full refund will be issued in such cases.
Section 17 — Prohibited Uses
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Inner Ziva, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) 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; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
Section 18 — Site Management
We reserve the right, but not the obligation, to: (1) monitor the Sites for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any content on the Sites; (4) in our sole discretion and without limitation and without notice or liability, remove from the Sites or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Sites in a manner designed to protect our rights and property and to facilitate the proper functioning of the Sites.
Section 19 — Copyright Infringement
In your use of and interactions with the Sites, you may not post, modify, distribute, or reproduce in any way any content that is copyrighted material belonging to others, without obtaining their prior written consent. This specifically includes the submission of artwork or designs as part of the ordering process. Inner Ziva reserves the right, in its discretion, to remove any content if we believe it may infringe the copyright rights of others, and/or to refuse future orders from users who we believe to be infringers.
If you believe that your work has been copied or posted on the Sites in a way that constitutes copyright infringement, please send a written communication to hello@innerziva.com that includes all of the following:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
(2) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works.
(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. Providing URLs is the best way to help us locate content quickly.
(4) Information reasonably sufficient to permit us to contact the complaining party, such as a name, address, telephone number, and email address.
(5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Please note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability under applicable law.
Section 20 — Term and Termination
These Terms of Service shall remain in full force and effect while you use the Sites. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITES, INCLUDING BLOCKING CERTAIN IP ADDRESSES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION.
If we terminate or suspend your access for any reason, you are prohibited from returning to the Sites under your name, a fake or borrowed name, or the name of any third party. In addition to terminating or suspending your access, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
The following sections will continue to apply following any termination: Intellectual Property, Customer Artwork Submissions, Guidelines for Reviews, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, and any other provisions that by their nature should survive termination.
Section 21 — Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Sites at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on our Sites.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Sites. We cannot guarantee the Sites will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Sites, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Sites at any time or for any reason without notice to you.
You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Sites during any downtime or discontinuance of the Sites. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Sites or to supply any corrections, updates, or releases in connection therewith.
Section 22 — Disclaimer of Warranties
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY INNER ZIVA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Section 23 — Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL INNER ZIVA LLC, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR ANY PRODUCT PURCHASED THROUGH THE SERVICES EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT GIVING RISE TO THE CLAIM.
Section 24 — Indemnification
You agree to defend, indemnify, and hold harmless Inner Ziva, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees and expenses, payable to any third party due to or arising out of: (1) any artwork, images, or other content you submit to the Sites; (2) your use of the Sites; (3) breach of these Terms of Service or the documents they incorporate by reference; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of any law or the rights of a third party, including but not limited to intellectual property rights; or (6) any harmful act toward any other user of the Sites.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
Section 25 — User Data
We will maintain certain data that you transmit to the Sites, including order information and artwork submissions, for the purpose of managing the performance of the Sites and fulfilling your orders. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Sites.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Section 26 — Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 27 — Electronic Communications, Transactions, and Signatures
Visiting the Sites, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Sites, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Section 28 — Waiver; Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 29 — Miscellaneous
These Terms of Service and any policies or operating rules posted by us on the Sites constitute the entire agreement and understanding between you and us and govern your use of the Sites, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us.
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law.
We may assign any or all of our rights and obligations to others at any time without notice. You may not delegate, transfer, or assign your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void.
We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control, including without limitation acts of God, natural disasters, pandemic, supplier delays, carrier disruptions, or platform outages.
If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment, or agency relationship created between you and Inner Ziva as a result of these Terms of Service or your use of the Sites.
You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 30 — Assignment
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
Section 31 — Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Inner Ziva LLC is headquartered. You and Inner Ziva LLC consent to venue and personal jurisdiction in such courts.
The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation. Persons who access the Sites from other locations do so on their own initiative and are solely responsible for compliance with applicable local laws.
Section 32 — Headings
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 33 — Changes to Terms of Service
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 34 — Contact Information
Questions about the Terms of Service should be sent to us at hello@innerziva.com.