TERMS AND CONDITIONS OF USE
Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
1. Agreement. This Term of Use agreement (“the “Agreement”) specifies the Terms and Conditions for access to and use of yayzebra.com (the “Site”) and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Zebra Brands, LLC upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at [insert URL of the ToU page]. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
2. Privacy. Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at [insert URL of the PP page].
3. Ownership. All content included on this site is and shall continue to be the property of Zebra Brands, LLC or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
4. Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 13. Purchasing items on the Site is restricted to individuals who are at least 18 years old and who have the legal capacity to form binding agreements online, as per the legal requirements of the State of California.
When you proceed with a purchase on the Site, it is essential to submit personal details that are up-to-date, precise, and thorough, including but not limited to your legal name, physical mailing address, and email address, along with any other information that may be requested. Additionally, you must provide valid payment information and by doing so, you affirm your identity as the individual on the billing details. For further information on how your data is utilized, please refer to our [Privacy Policy](https://Zebra Brands, LLC.com/privacy-cookies-policy/). To complete a purchase on the Site, you must possess a valid credit or debit card issued by a bank that is recognized by Zebra Brands, LLC, and you must grant Zebra Brands, LLC permission to charge your card for the full amount of the purchase, which may include both Zebra Brands, LLC’s own products and those from third parties.
Items that you buy are intended solely for personal enjoyment or as gifts and should not be resold or utilized for any commercial advantage. Zebra Brands, LLC also retains the right to limit the number of products shipped to any single customer or address.
5. Trademarks. ZEBRA, INGREDIENTS THAT ARE BLACK AND WHITE, ANTI-ESTABLISH MINT, its related logos and designs, and others are either trademarks or registered trademarks of Zebra Brands, LLC or used under license by its subsidiaries. Other product and company names mentioned on this Site may be trademarks of their respective owners.
6. Other Intellectual Property. The content presented on the Site, including various forms of media and information, is owned exclusively by Zebra Brands, LLC or its content providers. This content is safeguarded by intellectual property laws and cannot be utilized without explicit written permission from Zebra Brands, LLC. No ownership or rights are conferred to you regarding the Site or its content, except for the limited use rights granted by these Terms. Unauthorized use of the Site may constitute a violation of these Terms and infringe on intellectual property rights.
The term “Content” encompasses all forms of information available on the Site, including its overall appearance and materials such as data, text, images, and audiovisual elements. While Zebra Brands, LLC strives for accuracy, it does not guarantee that the Sites’ functions or content will be uninterrupted, accurate, or free of harmful elements. The responsibility for assessing the value and accuracy of the Sites’ content lies with you. Zebra Brands, LLC may remove content at its discretion without notice, and is not liable for such removal.
The content on the Site is curated by our editorial team and does not include paid advertisements unless explicitly stated. Occasionally, the Site may feature sponsored content or material from third parties, which will be clearly identified. By subscribing to our content, you agree to receive such sponsored material. If you do not wish to receive sponsored content, you can opt out by using the “Unsubscribe” option provided in our emails or by contacting our customer service team with a request to unsubscribe. Upon unsubscribing, you will no longer receive any content from the Site. Content from third parties represents their views and not those of Zebra Brands, LLC, and Zebra Brands, LLC is not responsible for these third-party opinions.
7. Product Pricing. The authority to set product pricing on the Site is held by Zebra Brands, LLC. Displayed prices are typically in US Dollars and do not include tax charges. Sales tax may be added to your order if it’s required by law.
Prices and promotions are subject to change and are valid as presented, except in the event of an obvious pricing mistake. Should there be a price change for an item in your order before it is confirmed by us, we will reach out to verify whether you want to proceed with the purchase at the new price. We strive for accuracy in the information on the Site, but occasionally, pricing errors may occur. If we identify a pricing mistake with any item in your order, we will inform you promptly. We are not obligated to provide a product at an incorrect price and may cancel such orders that have been acknowledged or are in the process of delivery. In cases where you have been charged for a product with an incorrect price, we will contact you to reject the order and issue a refund if payment has already been made. Should any products need to be returned to us, your refund will be processed upon their receipt.
For customers using credit or debit cards issued in currencies other than US Dollars, the total charge may be based on the current exchange rate used by your card issuer on the transaction date.
8. Preorders. From time to time we will make products available for preorder. If you elect to preorder, you authorize us (or our third party payment processor) to charge your card in advance, and ship the order when the product is available for shipment.
9. Subscriptions. When you subscribe to our service, you’ll receive regular deliveries of our products based on the subscription plan you select, which could be every 30, 60, or 90 days, or as otherwise noted on your selected plan. Your subscription will automatically renew for each period unless you timely skip a shipment as outlined below, or until you decide to cancel. Please note, if your order does not meet the $40 threshold for free shipping, a standard shipping fee based on your geographic area will be applied at check out. We may also offer upgraded shipping experiences for an additional fee. You have the flexibility to skip a shipment, modify, or cancel your subscription at any time as outlined below. There are no additional fees associated with the subscription service, and there is no obligation to make any minimum purchases.
10. Automatic renewal and recurring charges. By subscribing, you authorize us (or our third-party payment processor) to charge you an initial and recurring subscription fee at our current rate for your selected plan. You are responsible for all recurring charges until you cancel your subscription. We will notify you before each recurring charge. There’s no minimum purchase requirement.
11. Cancellation policy. You can cancel your subscription anytime. To cancel, simply log into your account, select the “subscriptions” tab, and then click “cancel.” Alternatively, you can cancel by contacting our customer service. If you cancel before the next scheduled payment, your subscription will end immediately, and we will not charge your payment method for any further subscription periods. If you cancel while an order is being processed (i.e., after your payment has been charged but before you’ve received your shipment), we will still complete your order, and your subscription will end after the last order is shipped.
12. Skipping a shipment. You have the option to skip a shipment at any time. To do so, log into your account, select “subscriptions,” then “skip a shipment.” If you skip before your next payment is due, we will cancel the next delivery, and your payment method will not be charged for that shipment. If you skip after your payment has been processed, we will still send your order for that period and skip the next subscription period. Your subscription deliveries will automatically resume after the skipped shipment unless you decide to skip again or cancel your subscription. Skipping a shipment does not cancel your subscription.
13. Managing your subscription. You can manage or make changes to your subscription at any time by logging into your account and following the prompts to view the status of your subscriptions, add or reactivate a subscription. Changes will apply to your next shipment unless made while an order is being processed, in which case they will take effect after the current order is completed.
We reserve the right to terminate or suspend your subscription for any reason at our sole discretion.
14. Site Use. Zebra Brands, LLC grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Zebra Brands, LLC and Zebra Brands, LLC may terminate your use of this website at any time.
15. External Links and Advertisements. The Site might feature hyperlinks to various external websites, which could include advertisements and content created by Zebra Brands, LLC or external parties (“External Sites”). Additionally, third parties may use links that direct to the Site within their own marketing materials, such as social media posts and advertisements; these are also regarded as External Sites. Zebra Brands, LLC provides access to these External Sites purely for your convenience. We do not have ownership, management, or control over these External Sites, and your decision to visit any External Sites is at your sole discretion and governed by the terms and privacy policies of those sites. It is important to review the terms and privacy policies on any External Sites before sharing any personal information or engaging in activities on those sites. Any agreements, guarantees, or representations associated with External Sites are strictly between you and the respective site providers.
Zebra Brands, LLC does not endorse External Sites and explicitly denies any responsibility or liability related to them, including but not limited to the content, products, and services they offer. Your interactions with External Sites are solely between you and those sites, and Zebra Brands, LLC will not be held accountable for any harm or loss incurred from such interactions or for any claims you may assert against External Sites.
16. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
17. Indemnification. You agree to indemnify, defend and hold Zebra Brands, LLC and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
18. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. ZEBRA BRANDS, LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
19. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL ZEBRA BRANDS, LLC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
20. Use of Information. Zebra Brands, LLC reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
21. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A 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.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached as follows:
By Mail: Attn: Copyright Agent – Zebra Brands LLC
539 W. Commerce St #1804, Dallas, TX 75208
By E-mail: hello@yayzebra.com
Binding Arbitration and Class Action Waiver. Should a disagreement arise between you and us concerning these Terms, our Privacy Policy, the Site, or any products or services acquired from the Site, both parties agree to initiate the resolution process by providing the other with a written notification of the dispute. This notification should include the disputing party’s contact details, a detailed account of the dispute, and the resolution sought. Dispute notifications should be sent via email to hello@yayzebra.com. We will direct our dispute notifications to the contact information we have on file for you. Both parties will aim to settle the dispute amicably within 30 days from when the dispute notification is issued. If the dispute cannot be resolved through negotiation, both parties agree to settle the dispute through binding arbitration, except where claims are eligible for small claims court. The Federal Arbitration Act and federal arbitration laws govern these Terms. Arbitration does not involve a judge or jury, and the review of an arbitration award by a court is limited. It is crucial to understand that the arbitrator’s decision will be final and may be used to enter judgment in any court with proper jurisdiction. To initiate arbitration, you must send a written request for arbitration, detailing your claim, to hello@yayzebra.com with “Arbitration Request” in the subject line, or by mail to:
Zebra Brands, LLC
539 W. Commerce St #1804
Dallas, TX 75208
Attn: Zebra Brands, LLC, Legal Department
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are accessible at [www.adr.org](http://www.adr.org) or by calling 1-800-778-7879. The AAA’s rules will dictate the payment of all filing, administration, and arbitrator fees. We will cover these fees for claims under $10,000 unless the arbitrator deems the claims unsubstantial. Similarly, we will not seek attorney’s fees and costs in arbitration unless the arbitrator finds the claims to be unsubstantial. You have the option to conduct the arbitration via telephone, written submissions, or in person in your county of residence or at another mutually agreed location.
ALL CLAIMS MUST BE PRESENTED IN THE INDIVIDUAL CAPACITIES OF THE PARTIES, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION. You agree to arbitrate solely on an individual basis with Zebra Brands, LLC, and not as part of a class or in any consolidated or representative proceeding. Your claims cannot be combined with those of any other party, and no dispute can be arbitrated on a class-action basis or by a purported class representative. Without the written consent of all parties involved in the arbitration or proceeding, no arbitration or proceeding can be merged with another. If the class action waiver is deemed unenforceable for any part of a dispute, those parts will be severed and addressed in court, while the rest will proceed in arbitration. For specific claims, such as breaches of these Terms or intellectual property rights, we reserve the right to seek injunctive relief in a competent court. All arbitrations must commence in Dallas County, Texas.
22. Applicable Law. You agree that the laws of the state of Texas, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and Zebra Brands, LLC or its affiliates.
23. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
24. Waiver. The failure of yayzebra.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by yayzebra.com must be in writing and signed by an authorized representative of yayzebra.com.
25. Termination. Zebra Brands, LLC may terminate this Agreement at any time, with or without notice, for any reason.
26. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
27. Entire Agreement. This Terms of Use constitutes the entire agreement between you and yayzebra.com and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Zebra Brands, LLC with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. Yayzebra.com may revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
28. Contact Information.
Zebra Brands, LLC
hello@yayzebra.com
539 W. Commerce St #1804
Dallas, TX 75208