Zenapse Inc. Terms of Use for OfficialClubDeals.com
Last Revised: May 26, 2022
These Terms of Use (the “Terms”) are entered into between you (“you” or
“User”) and Zenapse Inc. (“Zenapse,” “Company,” “we,”
“us,” and “our”). These Terms govern your access to and use of Zenapse
services offered on the website located at OfficialClubDeals.com (the “Website”), including any
content
or functionality offered on or through the Website. The Website is published, owned, and
operated by Zenapse, and not by Sam’s West, Inc., Walmart, Inc., Macy’s, Inc., BJ’s
Wholesale Club, Inc.,
Costco Wholesale Corporation, or any other third party.
By accessing, browsing, submitting information to and/or using the Website, you
agree and acknowledge on your own behalf that you have read, understand and agree to be bound by these Terms and
to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff
laws, regulations, and/or directives. If you do not agree to these Terms, please do not use
the Website.
The Website is provided solely for informational purposes and the purposes of enabling communication between you and Zenapse and applicable third parties. The information provided is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services. In addition, the Website is part of an affiliate-advertising program. OfficialClubDeals.com is not responsible for any promotions or discounts or terms associated with these offers, which are exclusively under the control of third party merchants. See third party merchant sites for any terms and conditions associated with these offers.
We do not warrant the accuracy, completeness, or usefulness of this information at any particular time. Any reliance you place on such information is strictly at your own risk. Zenapse disclaims all liability and responsibility arising from any reliance placed on such content by you or any other visitor to our Website, or by anyone who may be informed of any of its contents. Any information you provide or that is collected by Zenapse through the Website shall be handled in accordance with the Website’s Privacy Policy, which is hereby incorporated by reference.
Zenapse grants you a non-exclusive right to access and use the Website and the data, material, content or information herein (collectively, the “Content”) solely for your individual, personal use. Your right to access and use the Website shall be limited to non-commercial purposes unless you are otherwise expressly authorized by Zenapse to use the Website for commercial purposes. You agree to use the Website only for lawful purposes, comply with all rules governing any transactions on and through the Website and to comply with applicable laws.
The Website may contain links to websites controlled or operated by persons and companies other than Zenapse (“Linked Sites”). Linked Sites, such as Samsclub.com, Macys.com, BJs.com, Costco.com, are not under the control of Zenapse, and Zenapse is not responsible for the contents of any Linked Site, including without limitation, any link contained on a Linked Site, or any changes or updates to a Linked Site. Zenapse is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site. Zenapse is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Zenapse of the site or any association with its operators. You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Linked Sites. You are solely responsible for any dealings with third parties who support Zenapse or are identified in the Website, including any delivery of and payment for goods and services.
As stated above, the Website is also part of an affiliate-advertising program. That means that if you click and make a purchase through certain links on the Website, Zenapse may make a commission from that purchase.
The Website and Content are protected by copyrights, trademarks, or are subject to other proprietary rights. Accordingly, you are not permitted to use the Website or Content in any manner, except as expressly permitted by Zenapse in these Terms. The Website or Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of Zenapse or applicable owner.
Copyright. You should assume that everything you see or read on Zenapse’s Website is copyrighted unless otherwise noted and may not be used without the written permission of Zenapse. Zenapse neither warrants nor represents that your use of materials displayed on Zenapse’s Website will not infringe the rights of third parties, including Sam’s West, Inc., Macy’s, Inc., BJ’s Wholesale Club, Inc., and Costco Wholesale Corporation. Content, images, photographs, or illustrations displayed on Zenapse’s Website is either property of, or used with permission by, Zenapse. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on Zenapse’s Website. Any unauthorized use of any content, images, photographs, or illustrations may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Trademark. Nothing contained on Zenapse’s Website should be construed as granting or conveying, by implication, or otherwise, any license or right to use any trademark displayed on Zenapse’s Website without the written permission of Zenapse or such third party that may own a trademark displayed on Zenapse’s Website. Your misuse of Zenapse’s trademark(s) displayed on Zenapse’s Website, or any other Content on Zenapse’s Website, except as provided herein, is strictly prohibited.
You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the Website. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, Zenapse or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
Zenapse is based in the state of Connecticut in the United States. Zenapse provides this Website for use only by persons located in the United States. We make no claims that the Website or any of its contents are accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries.
EXCEPT AS MAY OTHERWISE BE EXPRESSLY PROVIDED IN THESE TERMS, ALL INFORMATION, CONTENT, OR SERVICES PROVIDED BY ZENAPSE TO YOU VIA THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. ZENAPSE AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, ZENAPSE AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE WEBSITE. YOU SPECIFICALLY ACKNOWLEDGE THAT ZENAPSE AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE WEBSITE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER ZENAPSE NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. ZENAPSE FURTHER MAKES NO WARRANTY THAT THE WEBSITE WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT ZENAPSE, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE WEBSITE OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST ZENAPSE FOR DISSATISFACTION WITH THE WEBSITE OR THE CONTENT IS TO CEASE YOUR USE OF THE WEBSITE AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.
UNDER NO CIRCUMSTANCES SHALL ZENAPSE OR ANY OF ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, OR THE DATA, CONTENT OR INFORMATION ACCESSED VIA THE WEBSITE OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE WEBSITE, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF ZENAPSE OR ITS THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCESSING THE WEBSITE SUBJECT TO THESE TERMS OF USE, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You agree to defend, indemnify and hold harmless Zenapse and its affiliates, directors, officers, employees, and/or agents (collectively, “Zenapse Indemnities”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) that may be incurred by any of Zenapse Indemnities arising out of or relating to your Content, your violation of these Terms, your violation of any applicable laws, rules or regulations in connection with the Website, or from any other misuse of the Website. You agree that in the event any claim, allegation, suit or similar proceeding is commenced by a third party against any of Zenapse Indemnities, that you will pay for the defense thereof, including reasonable attorneys’ fees and costs. Notwithstanding any of the foregoing, Zenapse reserves the right to assume the exclusive defense and control of any proceeding that relates to Zenapse, the Website, or any aspects thereof, whether or not subject to indemnification hereunder, and in such case you will cooperate fully with Zenapse in our defense thereof.
In its sole discretion, Zenapse may terminate or suspend your access to the Website for breach of these Terms. Zenapse shall not be liable for any losses or damages arising from any such termination of service.
At its sole discretion, Zenapse may require you to submit any disputes arising from use of the Website, or breach of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Connecticut law. By using the Website, you hereby consent to submission of any dispute to be final and binding arbitration.
Any cause of action or claim you may have arising out of or relating to these Terms or the Website must be commenced within one year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
These Terms are governed by the laws of the State of Connecticut, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Westport, Connecticut, U.S.A. in all disputes arising out of or relating to the use of the Website.
Zenapse may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by Zenapse. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. Your continued use of the Website after any such change is communicated shall constitute your consent to such change(s).
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Zenapse as a result of these Terms or use of the Website. You may not assign these Terms without the prior written consent of Zenapse in all instances. Zenapse may assign these Terms, in whole or in part, at any time. Zenapse’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Zenapse’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Zenapse with respect to such use.
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.
These Terms, including the Privacy Policy and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and Zenapse with respect to the Website, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Zenapse. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We value your opinions and welcome your feedback. To contact us about these Terms please email us at hello@zenapse.com or call 1-888-870-0670.
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