EFFECTIVE DATE: January 1, 2025
Welcome to Zoharas! Zoharas, LLC (“Zoharas,” “we,” or “us”), also known as “Zoharas Vogue,” operates the website at www.zoharas.com (the “Website”). These Terms of Service (“Terms”) govern your use of the Website, any purchases of products (“Products”), and any services (“Services”) provided by Zoharas. By using the Website, purchasing Products, or accessing Services, you agree to these Terms. You also agree to our Privacy Policy, Promo Terms, and all other applicable policies, which are incorporated by reference.
1. IMPORTANT NOTICE: ARBITRATION AGREEMENT These Terms include a Mandatory Arbitration Agreement, which requires that disputes between you and Zoharas be resolved through individual arbitration. This means: You waive the right to a jury trial. You waive the right to participate in class or collective actions.
Opt-Out Option: You may opt out of this Arbitration Agreement within 30 days of accepting these Terms by contacting us at [email protected].
2. User Obligations: By using our Website, you confirm that: You are at least 18 years old or the legal age of majority in your jurisdiction. All information you provide is accurate, current, and complete. You will not use the Website for unlawful, obscene, or inappropriate purposes. You will not access or attempt to access restricted areas of the Website without authorization. If you create an account, you are responsible for maintaining the security of your account credentials and promptly notifying us of any unauthorized access or use.
3. Purchases and Returns: All purchases on the Website are subject to acceptance. Zoharas reserves the right to: Refuse or cancel any order for any reason. Restrict orders from resellers or wholesalers. Prices, availability, and product specifications are subject to change without notice. By purchasing Products, you agree to our Return Policy.
4. Website Ownership and Intellectual Property: The Website, including its design, content, and features, is owned or licensed by Zoharas. You are granted a limited, non-exclusive license to access and use the Website for personal, non-commercial purposes. Unauthorized reproduction, modification, or distribution of Website content is strictly prohibited. Zoharas reserves the right to modify, suspend, or terminate access to the Website or its Content at any time without liability.
User-Generated Content:: By submitting or posting any materials or content on the website (“User-Generated Content”), you grant Zoharas a perpetual, irrevocable, royalty-free, worldwide, sublicensable, and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, and sublicense such materials in whole or in part. You represent and warrant that any User-Generated Content provided: Does not violate any law or the rights of any third party; You have the full legal right and authority to grant Zoharas the aforementioned license. Zoharas reserves the right to use any User-Generated Content without obligations of confidentiality, attribution, or compensation to the content provider.
Limitation of Liability and Disclaimer of Warranties: Disclaimer: Except as otherwise prohibited by law, the website and all content, products, and services accessible through it are provided “as is” and “as available” without any warranties, express or implied. This includes, but is not limited to: Warranties of merchantability, fitness for a particular purpose, non-infringement, security, or accuracy. Warranties that the information on the website is correct, reliable, or error-free, or that defects will be corrected.
Zoharas does not guarantee uninterrupted or error-free operation of the website or its servers, nor does it warrant that the website is free from harmful components such as viruses.
Limitation of Liability: To the fullest extent permitted by law, Zoharas and its affiliates, officers, employees, or agents shall not be liable for any indirect, special, incidental, exemplary, consequential, or punitive damages. This includes damages arising from: Use of the website or products; Inability to access or use the website; Breaches of the Terms of Service or related policies. This limitation of liability does not apply in jurisdictions where such disclaimers are prohibited, such as New Jersey.
Dispute Resolution and Arbitration Agreement: Section 1: Mandatory Individual Arbitration: All disputes, claims, or controversies arising from or related to the website, products, services, or these Terms (collectively, “Disputes”) shall be resolved exclusively through individual binding arbitration. This includes issues related to the formation, enforcement, or applicability of this Arbitration Agreement. The arbitrator has sole authority to resolve threshold arbitrability issues, including enforceability, waiver, or delay.
Exceptions to Arbitration: Claims for injunctive or equitable relief related to intellectual property rights may proceed in a court of competent jurisdiction. Disputes that qualify for small claims court may proceed there, provided no appeal is filed.
Section 2: Class Action and Jury Trial Waiver: To the fullest extent permitted by law, both parties waive the right to: A jury trial; Participate in any class, collective, or representative action.
Arbitration will proceed only on an individual basis unless both parties consent in writing to class arbitration. If any part of the class action waiver is found unenforceable, the Arbitration Agreement shall be null and void.
For any claims permitted to proceed as class actions, litigation will take place in a federal or state court in Atlanta, Georgia, and individual claims in arbitration will take precedence.
Section 3: Opt-Out Procedures You may opt out of this Arbitration Agreement within 30 days of the earlier of:
- Accessing the website;
- Purchasing a product; or
- Providing information to the website.
To opt out, send an email to info@zoharas.com with the subject line “Opt-Out Notice.” Include your full name, mailing address, email address, phone number, and a clear statement of your intent to opt out. Failure to opt out within the specified period binds you to this Arbitration Agreement. Opting out does not affect other terms of the agreement or prior arbitration agreements.
Section 4: Rules & Governing Law: 4.1 Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures: Zoharas and you agree that resolving disputes informally in good faith can lead to prompt and cost-effective outcomes. Therefore, in the event of a dispute ("Dispute"), both parties must provide written notice to the other party (“Notice of Dispute” or “Notice”). For You to Notify Zoharas: Send your Notice to legal@zoharas.com (“Notice Address”). For Zoharas to Notify You: Notice will be sent to the email or mailing address you provide.
Each Notice must include: The claimant's full legal name, complete mailing address, and email address. A detailed description of the claim or Dispute. Relevant facts, including your interactions with Zoharas’ Website or purchases, if applicable. A personally signed verification of the Notice’s accuracy by the claimant (not their counsel).
Resolution Timeline: The parties must engage in good-faith efforts to resolve the Dispute within 60 days of the Notice’s receipt, with optional extensions by mutual agreement. Either party may request an individualized telephone or video settlement conference to facilitate resolution, and both parties (with counsel, if represented) must attend cooperatively.
Failure to comply with these procedures may result in preclusion of arbitration initiation. Statutes of limitations and fee deadlines are tolled during the informal resolution process. Courts or arbitrators may impose sanctions or stay arbitration proceedings if this process is bypassed.
4.2 Binding Arbitration Agreement: If informal resolution fails, all Disputes will be resolved exclusively by final and binding individual arbitration, conducted remotely by telephone or video conference, unless agreed otherwise. Arbitration Administration: Arbitrations will be conducted before one arbitrator under the rules of Zoharas' selected arbitration service, with modifications outlined in this agreement. Initiation: To begin arbitration, a written Demand for Arbitration must be submitted, including a certification of compliance with the pre-arbitration notice process. Batching Procedure: Similar claims exceeding 20 in number may be processed in batches for efficiency, but class arbitrations are not permitted.
If the arbitration service is unavailable, claims will be resolved by the National Arbitration Association or another qualified arbitrator chosen by Zoharas. Arbitration-related fees may be adjusted to ensure cost-effectiveness.
4.3 Governing Law: This Arbitration Agreement is governed by the Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq., preempting state laws to the fullest extent permitted. If the FAA does not apply, disputes will be resolved under the laws of the State of Georgia.
4.4 Confidentiality and Relief: Confidentiality: All information disclosed during arbitration is confidential and cannot be used outside the proceedings, except under seal where required. Individualized Relief: Arbitration awards are limited to relief for the individual party initiating the claim. Prohibitions on class or representative claims remain enforceable.
4.5 Jurisdiction and Venue for Non-Arbitrable Disputes: Disputes not subject to arbitration will be adjudicated in state or federal courts in Atlanta, Georgia, which will have exclusive jurisdiction.
4.6 Arbitrator's Authority and Fees: Authority: The arbitrator may award any remedy available in court, subject to the limitations outlined here. Fees: Arbitration costs may be adjusted by agreement to maintain accessibility and fairness.