Zaarmart

Terms and Conditions of Use

Zaarmart provides consumers with opportunities to purchase products and Websites from third party merchants ("Sellers") with a time limited promotional added value (a "Promo") from around the country. Sellers are willing to offer attractive promotions in order to reach the Zaarmart community.

Please read these Terms and Conditions of Use (“Terms”) carefully before using our website, www.zaarmart.com (the “Website”). These Terms govern your use of the Website, and are legally enforceable between Shopping Affairs, LLC (“Shopping Affairs” or “we”) and you. If you don’t agree with these Terms, please do not use the Website.

We may make changes to these Terms at any time by posting them to the Website. Any changes will be effective at the time of posting.

Shopping Affairs may develop additional products, such as apps and software, for Zaarmart. Whenever applicable, these Terms shall apply for the use of such products.

Conditions to Use

Acceptable Use
Your use of ZaarMart is conditional upon your agreement that you:
1. are 13 years of age or older, but are 18 years of age or older to purchase any Promo;
2. will comply with these Terms;
3. will not copy or distribute any part of Zaarmart in any medium without Shopping Affairs' prior written authorization;
4. are solely responsible for your Content submissions, including discussion posts, profile information and links, pictures, and other such content;
5. represent that you own or have the necessary licenses, rights, permissions, and consents to use and authorize Shopping Affairs to use any and all Content submitted by you to Zaarmart in accordance with the licenses granted in this Agreement;
6. hereby grant each Zaarmart user, whether using Zaarmart or an application authorized by Shopping Affairs but developed via a third-party developer, a non-exclusive license to access the Content you submit through Zaarmart and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through Zaarmart’s functionality and under these Terms of Website;
7. will not submit Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such Content to Zaarmart; and
8. hereby agree that we have the right to determine whether any of your Content submissions are appropriate and comply with these Terms of Website, remove any and/or all of your submissions, and terminate your account with or without prior notice.
9. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (hereinafter “Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that we are not responsible for all Content that uploaded, posted, emailed, linked, transmitted or otherwise make available via the Website. Shopping Affairs does not control the Content posted via the Website and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Website, you may be exposed to Content that is offensive, indecent or objectionable to your own personal beliefs. Under no circumstances will Shopping Affairs be liable in any way for any Content, 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 any Content posted, emailed, transmitted or otherwise made available via the Website.
Prohibited Use
You agree to NOT use the Website to:
1. upload, post, email, link, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm any person (minor or adult) in any way;
3. impersonate any person or entity, including, but not limited to, the ZaarMart administrator, a forum leader or moderator, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. manipulate in any way identifiers in order to disguise the origin of any Content transmitted through the Website;
5. upload, post, email, link, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (this includes, but is not limited to inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post, email, link, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (hereinafter “Rights”) of any party;
7. upload, post, email, link, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or self-promotion;
8. upload, post, email, link, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. disrupt the normal flow of posting or otherwise act in a manner that negatively affects other users’ ability to engage in accessing and utilizing the site;
10. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
11. intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law while using the Website;
12. post scanned or altered manufacturer coupons;
13. “stalk” or otherwise harass another;
14. collect or store personal data about other users in connection with the prohibited conduct and activities set forth;
15. discuss how to perform, elude capture, or profit from illegal activities;
16. post nudity or graphic descriptions of sex;
17. post links to sites with grotesque, gruesome or disgusting pictures/videos;
18. insult/attack other users;
19. use vulgarities & obscenities;
20. post under the influence; and/or
21. mention or link competitive sites.
Additional Acceptable Use Guidelines
1. You acknowledge that Zaarmart may or may not pre-screen Content, but that Zaarmart and its moderators shall have the right (but not the obligation) in our sole discretion to pre-screen, delete, or move any Content that is available via the Website. Without limiting the foregoing, Zaarmart and its moderators shall have the right to remove any Content that violates the Terms or is otherwise objectionable at our sole discretion. You agree that you must evaluate, and bear all risks associated with the Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Zaarmart or submitted to Zaarmart, including without limitation information in all parts of the Website, which includes forum board posts.
2. You understand that the technical processing and transmission of the Website, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
3. You understand that the Website and software embodied within the Website may include security components that permit digital materials to be protected, and that use of these materials is subject to age rules set by Zaarmart and/or content providers who provide content to the Website. You may not attempt to override or circumvent any of the age rules embedded into the Website.

Buyers

Promos
1. You will find third party coupons, deals, advertisements and other offers on the Website (“Promos”). Promos are for products and services provided by third parties (each, a “Seller”), and if you choose to accept a Promo, the transaction will be between you and the Seller. Shopping Affairs has affiliate relationships with certain Sellers, and may receive compensation for your purchase from these Sellers. Shopping Affairs is not a party to, or in any way responsible for, your transaction with a Seller, including when we have an affiliate relationship with Seller. We are not responsible fulfilling any Promos.
2. Before you purchase a product or Website or otherwise accept a Promo, please read the entire description of the Promo, including the fine print and any additional terms and conditions set forth on the Seller’s website. You are responsible for understanding what you are buying and for following the Seller’s instructions. Please contact the Seller directly for questions regarding the Promo or your transaction with Seller.
Promo Specific Terms
1. Each Promo has specific terms associated with the Promo, which will be presented to you before you commit to purchase the particular Promo. The terms and conditions of Promos, including refund and cancellation policies, are governed by the Seller’s policies, not ours. Promo specific terms supersede any inconsistent terms in this Promo, except to the extent such terms are prohibited by applicable law.
2. Zaarmart acts only as a website and Shopping Affairs has no control over, nor responsibility for, the Promos listed on this Website. Shopping Affairs and/or its partners are not responsible nor liable for any loss (consequential or otherwise); damage; death, injury, delay, inconvenience or irregularity caused by, arising from, or in connection with any defect in any Promo; or through the negligence, willful misconduct, strikes, or other acts, defaults, or omissions of any Seller.
3. Some Promos made available by Zaarmart are subject to additional terms and conditions disclosed to the buyer during the order process. Such terms and conditions may be disclosed by use of hypertext links to such additional terms and conditions.
Promo Policies
1. Zaarmart categorizes Promos. While Zaarmart tries to categorize each Promo, accurately, it is your responsibility as end user, to judge whether the Promos meet your needs. If there are any queries about the Promos, please contact the Sellers directly.
2. Shopping Affairs does not accept any responsibility for incorrect property content including prices, availability and images. We do not accept any liability for losses, additional expenses you incur, and or any claim whatsoever due to changes in the Promos for any other reason.
Account
1. To avail of the Promos, Shopping Affairs may require you to register for a Buyer Account (“Buyer Account”) by providing your full name, address, mailing address, phone number and email address, and any other information as required. Shopping Affairs may reject your application for a Buyer Account, or cancel an existing account, for any reason, in our sole discretion.

Sellers

Seller Account
1. A "Seller" is a person or entity approved by Shopping Affairs to make Promos available in the Website.
2. If you are agreeing to this Seller Agreement on behalf of an organization or other entity, you represent and warrant that you are authorized to agree on that organization or entity's behalf and bind them to this Agreement.
3. Shopping Affairs is under no obligation to accept any seller in the Website, even if the seller has been advised that such enrolment is possible.
4. To post Promos, you must register for a Shopping Affairs Seller Account (“Seller Account”) by providing your full name, address, mailing address, phone number and email address, and any other information as required. Shopping Affairs may reject your application for a Seller Account, or cancel an existing account, for any reason, in our sole discretion.
Posting Promos
1. Shopping Affairs and affiliates may charge a minimal advertisement fee. This fee is highlighted upon payment and is always non-refundable.
2. A credit card, debit card and/or PayPal account is required for the payment of the advertisement fee. By using a credit card, debit card and/or Paypal account, you authorize Zaarmart to make a charge against that credit card, debit card and/or PayPal account.
3. After 7 days of being published on the Website, the Promos that you post will automatically be renewed and the advertisement fee for which will automatically be charged to your credit card, debit card and/or PayPal account.
4. You have the option to edit the Promos at any time. You also have the option to cancel the Promos, and the cancellation will take effect at the end of the 7-day period.
5. You and we are independent contractors, and nothing in the Promo creates a partnership, employment relationship or agency. There are no third-party beneficiaries of the Promo. You may not assign the Promo or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Promo be held ineffective, invalid or unenforceable by a court or regulator, the other provisions shall continue to apply. If you breach the Promo and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach this Promo. Our rights under this Promo will survive any termination of this Promo.
6. By posting or submitting any material (including, without limitation, text, photos, and videos) to the Website, you represent and warrant that you are the owner of the material. You will be solely responsible for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting, or submission.
7. When you submit or post material, you grant to us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display it (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology. This grant shall include the right to exploit any proprietary rights in any such material. You also grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, e-mail address, or Member name, as we deem appropriate.

GENERAL TERMS AND CONDITIONS

Accounts
If you have an Account in the Website:
1. You acknowledge that Shopping Affairs will use the email address you provide as the primary method for communication.
2. You are responsible for keeping your password secure. Shopping Affairs cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
3. You should notify us immediately of any unauthorized use of your Account and logins or any other breach of security that you know or suspect.
4. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership.
5. Shopping Affairs retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Shopping Affairs reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
Our Content and Proprietary Rights
1. You may not copy, repurpose or distribute content found on the Website, including Promos, for any purpose, without our express written permission. For example, you may not copy our Promos onto any website or app. Without limiting the foregoing, the use of our content for commercial purposes is forbidden unless you have our express written permission.
2. Shopping Affairs or its licensors are the exclusive owners of all software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Website. Except as set forth in these Terms, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms are reserved by us.
Trademark Information
1. You agree that all of Shopping Affairs' trademarks, trade names, Website marks, and other logos and brand features (including, without limitation, "Zaarmart") that are displayed via the Website (collectively, the "Marks") are trademarks and the property of Shopping Affairs. You agree not to display or use Shopping Affairs' Marks in any manner without Zaarmart’s prior permission. Third-party trademarks are the property of their respective third-party owners. Presence of a third-party trademark on the Website does not mean that Zaarmart has any relationship with that third party or that such third party endorses the Website or Zaarmart.
Linking
1. You understand that any linking to or from the Website does not imply in any way that Zaarmart is endorsed by any third party or that Zaarmart endorses or is affiliated with any third party or any third-party website. You agree that Shopping Affairs bears no responsibility or liability for any content accessed or harm caused from any third-party website. Other websites may collect and treat information they collect differently, so we encourage you to carefully read and review the privacy policy and terms of use for each website you visit.
Infringement Policy
1. We respect intellectual property rights, and expect our users to do the same. It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act ("DMCA").
2. To notify us of copyright infringement on our website, please send us a written notice that includes all of the following information:
3. Identification of the copyrighted work you believe is being infringed.
4. Identification of the work you believe is infringing, with information that is reasonably sufficient for us to locate it.
5. Your name, address, phone number and email address.
6. A statement that you have a good faith belief that use of the work in the manner complained of is not authorized by the copyright owner, its agent or the law.
7. A statement that the information in your notification is accurate, and under penalty of perjury, you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed.
8. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.
9. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
Trademark
1. To notify us of trademark infringement, please send us a written notice that includes: (a) the specific trademark you claim is being infringed, (b) detailed information about the trademark you claim is infringing your trademark and where to locate the infringing trademark on our site, (c) your name, address and email address, (d) statements that are the equivalent to #4 and #5 above but as to the trademark instead of a copyright, (e) a physical or electronic signature meeting the requirements of #6 above, and (f) the serial or registration number of your trademark if it has been registered.
Designated Agent
1. Our Designated Agent to receive notification of alleged infringement under the DMCA is:
  Shopping Affairs, LLC.
  Attn: Legal Department
  2801 Washington Rd., Suite 107 #301
  Augusta, GA 30909
  Email:legal@zaarmart.com
2. Upon receipt of proper notification of claimed infringement, Shopping Affairs will follow the procedures outlined herein and in the DMCA.
3. It is expected that all users of any part of the Website will comply with applicable copyright laws. If Shopping Affairs receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating user access, regardless of whether we may be liable for such infringement under applicable law.
4. If we remove or disable access to the Website in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.
Our Response
1. We will respond to all infringement notices that meet the requirements set forth above and comply with any applicable laws. We reserve the right to remove any content without prior notice and at our sole discretion. We may disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
2. Shopping Affairs will treat notices that meet these requirements in accordance with the DMCA. If we have taken down any content that you believe should not have been removed, you can send us a written counter-notice by mail or fax.
Counter Notice
1. Please be sure your counter-notice meets the DMCA requirements as described below. We will follow the process set out in the DMCA. You may find out more about the DMCA at http://copyright.gov.
  1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  2. Your name, address, and telephone number;
  3. The following statement: "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]";
  4. The following statement: "I will accept Website of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
  5. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
  6. Your signature, in physical or electronic form.
2. Upon receipt of such counter notification, Shopping Affairs will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that Shopping Affairs will replace the removed material or cease disabling access to it in 10 business days. Shopping Affairs will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
Repeat Infringers
1. In accordance with Section 512(i)(1)(a) of the DMCA, Shopping Affairs will, in appropriate circumstances and in its discretion, disable and/or terminate the accounts of users who are repeat infringers.
Suspension and Termination
1. We may suspend or terminate your account for any reason or no reason. Possible reasons for suspending or terminating an account include if you violate the Terms, cause liability to other users of the Website or do not use your account.
Indemnity
1. You will indemnify, defend, and hold harmless Shopping Affairs, our affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives and the other users of our services (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) incurred by any Covered Entity in any way arising out of or relating to these Terms, your use of the Website and our services and your User Content. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense. You agree to cooperate with our defense of such claim.
Disclaimers
1. We provide the Website and all services “as is” and “as available” without any warranties, whether express, implied or statutory. We disclaim any implied warranties, including warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. The Covered Entities do not make any representation as to the potential revenues or other benefits you may realize by using the Website and our services.
2. The Website contains links to third-party websites, apps and other online properties that are not owned or controlled by America's Weekly Sales. We do not endorse or assume any responsibility for any such third-party properties. If you access a third party website, app or other property, you do so at your own risk and you agree that Shopping Affairs will have no liability arising from your use of any such properties.
3. Please note that some jurisdictions do not allow disclaimers of certain warranties or exclusions, so these some or all of these disclaimers and exclusions may not apply to you.
Information Accuracy
1. Zaarmart is not a party to the transactions between you and a Seller. We do not control the products or services associated with Promos, including their availability or Seller’s right to sell them. We do not guarantee the truth or accuracy of the Promos.
2. Zaarmart makes no representation or warranty as to the accuracy or fitness for use of any offers, including, but not limited to, coupons, rebates, discounts, etc. posted via the Website or that any third party will honor or acknowledge any such offers, coupons, rebates, discounts, etc. posted via the Website. Zaarmart is not responsible for providing any value for any offers, coupons, rebates, discounts, etc. posted via the Website. Zaarmart is not responsible for the change of information at third party sites or stores including but not limited to rebate information, pricing, availability or fitness for use. You understand that Zaarmart does not and cannot review all material made available through websites linked or linking to any part of the Website. Zaarmart does not warrant that the Website or any functions contained in Zaarmart content available via the Website will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes them available are free of viruses or bugs. IN NO EVENT SHALL SHOPPING AFFAIRS OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S OFFERS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER SHOPPING AFFAIRS WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
Limitation of Liability
1. To the maximum extent permitted by law, we shall not be liable for any direct, consequential, incidental, indirect, special, punitive or other damages (including but not limited to lost profits, business interruption or loss of business information) arising out of or related to these Terms or the use of or inability to use the Website and any of our services, even if we have been advised of the possibility of such damages. If the foregoing limitation is not legally enforceable, the maximum liability of all Covered Entities collectively, for all actions arising out of or related to these Terms, the Privacy Policy, the Website and all of our services is $5.00. Some jurisdictions do not allow limits of liability for some types of damages, so all or part of this limitation may not apply to you.
Modification
1. Shopping Affairs may change these Terms from time to time, on a prospective basis, and modify, add or discontinue any aspect, content or feature of the Website, at our sole discretion. Your continued use or accessing of the Website following the posting of any changes to the Terms constitutes your acceptance of such changes. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Terms would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms being deemed illusory or unenforceable.
Termination of Website
1. Shopping Affairs disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Website. Shopping Affairs reserves the right to modify, suspend, or discontinue the Website or access to the Website without any notice at any time and without any liability to you.
Contact Information
1. We may contact you using the contact information you provide us, including by email, phone or your mailing address. We may need to contact you about your use of the Website or your account, or to provide announcements about the Website. We also may contact you to provide you with promotional offers and other marketing. We comply with all applicable laws and regulations on sending e-mails, including the CAN-SPAM Act.
2. If you wish to opt out of marketing emails, please send an opt out request to legal@zaarmart.com. You can also contact us at:
  Shopping Affairs, LLC.
  2801 Washington Rd., Suite 107 #301
  Augusta, GA 30909
Law and Forum for Legal Disputes
1. These Terms or any claim, cause of action or dispute (“claim”) arising out of or related to these Terms shall be governed by the laws of the state of Georgia regardless of your country of origin or where you access our Websites, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Shopping Affairs agree that all claims arising out of or related to these Terms must be resolved exclusively by a state or federal court located in Georgia except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Shopping Affairs agree to submit to the personal jurisdiction of the courts located within Columbia County, GA for the purpose of litigating all such claims.
Arbitration Option
1. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
Injunctive Relief
1. You acknowledge and agree that any violation or breach of the Terms may cause Shopping Affairs immediate and irreparable harm and damages. Accordingly, and notwithstanding any other provision of these Terms or other applicable legal requirements, you acknowledge and Shopping Affairs reserves the right to, in its discretion, immediately seek and obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek and obtain permanent injunctive relief regarding any violation or breach of these Terms. In addition to any and all other remedies available to Shopping Affairs in law or in equity, Shopping Affairs may seek specific performance of any term in these Terms, including but not limited to by preliminary or permanent injunction.
Miscellaneous
1. These Terms incorporate any policy that is posted on the Website, including our Privacy Policy. Our Privacy Policy can be found here: Privacy & Policy.
2. We will be entitled to recover all costs, including attorneys’ fees, that we incur in order to enforce these Terms.
3. Any notices required or permitted by these Terms (other than legal process) may be given by email with the proviso that we will email your account address and you will email us at info@zaarmart.com. Email notices will be deemed effective 24 hours after the time of sending. Mailed notices will be deemed effective three calendar days after the date of mailing.
4. You are responsible for being informed about and complying with all laws, rules and regulations that apply to your use of the Website and our other services.
5. You cannot assign your rights under these Terms without our written agreement. We can assign our rights and obligations to any entity or entities that agree to be bound by these terms.
6. These Terms and your use of the Website is governed by the laws of the State of Georgia (excluding choice of laws principles).
7. The parties will resolve any disputes in the courts of Columbia County, Georgia, except for any optional arbitration as described next. Excluding claims for equitable relief, if the total amount in dispute is less than $10,000, either party may elect to resolve the claim through binding arbitration by initiating arbitration through an established provider that is agreed by the parties. The arbitration must be conducted under the following rules: (a) at the choice of the party seeking relief, the arbitration shall be conducted by telephone, online, or solely on written submissions; (b) no party or witness will make any personal appearance unless the parties agree otherwise; and (c) the winning party may have the arbitrator’s award entered as a judgment in any court of competent jurisdiction. Notwithstanding our right to change these Terms (as described at the top of this page), we may not contravene our obligation to arbitrate any claim that arose prior to the change in the Terms.
8. Any claim (in court or in arbitration) must be brought in the initiating party’s individual capacity and not as a plaintiff or class member in any class action or other similar proceeding.
9. The Terms (including all policies incorporated by reference) are the entire agreement between you and Shopping Affairs. They replace any other agreement between us on this subject. If any provision of these Terms is deemed invalid, then that provision will be revised, limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. No waiver will be effective unless it is described in an explicit writing and signed by Shopping Affairs.
10. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer services 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.
Contacting Us
1. For any questions, comments, suggestions and concerns about this Terms and Conditions, please contact us through:
  Shopping Affairs, LLC.
  Attn: Legal Department
  2801 Washington Rd., Suite 107 #301
  Augusta, GA 30909
  Email:legal@zaarmart.com