ZAGG.COM SALES TERMS AND CONDITIONS
All sales of products and/or services (“Goods”) at or through www.zagg.com or affiliated websites (“ZAGG.com”) are governed by and subject to these sales terms and conditions (the “Terms”). By placing an order or making a purchase through ZAGG.com, the buyer (hereinafter “Buyer”) accepts the Terms and agrees to be governed by and subject to the Terms.
All orders by Buyer constitute offers subject to final acceptance by ZAGG Inc and/or its wholly-owned subsidiaries (“ZAGG”). ZAGG may require additional information before processing an order. An order confirmation confirms receipt of an order and does not signify ZAGG’s acceptance of the order. ZAGG reserves the right to accept or decline an order at any time for any reason. ZAGG may, in its sole discretion, limit order quantity. If ZAGG cancels an order after billing, ZAGG will refund the billed amount.
Prices shown on ZAGG.com do not constitute offers. ZAGG reserves the right to change prices at any time without notice and to correct pricing errors. ZAGG does not match prices that appear to be from unauthorized resellers or to be inconsistent with ZAGG’s resale policies. Shipping and handling, expedited service, and taxes are not included in prices and will be added to the total price if applicable.
ZAGG may recover all expenses, including attorney’s fees, expert fees, and court costs, incurred to enforce the Terms or to pursue any lawsuit, arbitration, or other proceeding related to the Terms.
Delivery dates are estimates. All deliveries are subject to modification or cancellation due to events beyond ZAGG’s reasonable control, including without limitation acts of God, compliance with any law, order, rule or regulation of any governmental or other authority, delay in transportation, labor disputes, strikes, failure of equipment or systems, or shortages of any labor or materials or services.
Items purchased from franchise locations cannot be returned through ZAGG.com. For additional terms and conditions applicable to returns and complete details on how to return a product, please visit www.zagg.com/warranty-policies
Any applicable limited warranty is available to the original retail purchaser only. For applicable limited warranty terms and conditions, please review the original packaging and visit www.zagg.com/warranty-policies
Limitations on Liability
THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE FULL EXTENT DISCLAIMER IS PERMITTED BY LAW. IN ANY EVENT, ANY IMPLIED WARRANTY THAT MAY ARISE BY LAW IS LIMITED IN DURATION TO THE TERM HEREIN. THE REPAIR, REPLACEMENT, OR REFUND PROVIDED BY THE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER REMEDIES. ZAGG WILL NOT BE LIABLE TO ANYONE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION PROPERTY DAMAGE, LOST PROFITS, OR ANY OTHER PECUNIARY DAMAGE, WHETHER DUE TO ANY DEFECT IN THE PRODUCT, BREACH OF THIS AGREEMENT, DELAY, NON-DELIVERY, NON-PERFORMANCE, RECALL, OR ANY OTHER REASON. ALL CLAIMS FOR NEGLIGENCE AND FOR FAILURE OF ESSENTIAL PURPOSE ARE EXPRESSLY WAIVED AND RELEASED. UNDER NO CIRCUMSTANCES WILL ZAGG’S liability for any defect in Goods, whether based on contract, warranty, or any other theory, exceed the ORIGINAL purchase price of the PRODUCT. BY PURCHASING AND USING GOODS, BUYER ACKNOWLEDGES THESE LIMITATIONS AND WAIVERS, DECLARES THAT THEY HAVE BEEN READ AND UNDERSTOOD, AND AGREES TO BE SO BOUND.
Some States do not allow limitations on how long an implied warranty lasts, so such a limitation may not apply to BUYER. Some States do not allow the exclusion of incidental or consequential damages, so that exclusion may not apply to BUYER. This warranty gives BUYER specific legal rights, and BUYER may also have other rights that vary from State to State.
BUYER ACKNOWLEDGES AND DECLARES THAT THESE LIMITATIONS AND WAIVERS HAVE BEEN BROUGHT TO BUYER’S ATTENTION AND EXPLAINED, THAT BUYER HAS READ AND UNDERSTANDS ALL TERMS AND AGREES TO BE SO BOUND, AND THAT BUYER'S RECEIPT OF THE AGREEMENT, LIMITED WARRANTY, AND GOODS, AND ANY PAYMENT FOR THESE, SIGNIFIES THAT BUYER HAS VOLUNTARILY AND KNOWINGLY CONSENTED TO ALL TERMS, INCLUDING THE WAIVERS AND LIMITATIONS CONTAINED HEREIN.
Any changes to the Terms are binding and enforceable only if made in writing and signed by an authorized ZAGG officer. ZAGG does not agree to and rejects any proposed terms or conditions contained in an order or other documents that are in addition to, in conflict with, or inconsistent with the Terms. ZAGG RESELLERS, AGENTS OR EMPLOYEES ARE NOT AUTHORIZED TO MAKE ANY MODIFICATIONS, ADDITIONS OR EXTENSIONS TO TERMS OR WARRANTIES.
Buyer acknowledges ZAGG’s ownership of all trademarks, service marks, copyrights, imprints, rights of publicity, patents, design patents, registered designs, industrial designs, trade dress, product design, trade secrets and other intangible rights relating to the Goods (collectively “ZAGG Intellectual Property”) and acknowledges that Buyer will have no right, title or interest whatsoever in any ZAGG Intellectual Property.
Period of Limitations
No claim, suit, or other proceeding arising out of or related to the Goods or the Terms, including without limitation the Limited Warranty, may be brought by Buyer after one (1) year from the date it accrues. No discovery, estoppel, or other rule will apply to extend this limitations period.
Buyer agrees to indemnify and hold ZAGG, as well as its officers, agents, employees, and representatives, harmless from and against all claims, causes of action, liabilities, losses, damages, judgments, and proceedings, whether based in contract, quasi-contract, subrogation, tort, strict liability, or any other legal or equitable theory, including without limitation all expenses, costs, damages or injury to person or property, and attorney fees incident thereto, arising from or relating to the use, handling, storage, transportation, possession, processing, fabrication, resale, or any other activity involving the Goods after purchase. At ZAGG’s request, and subject to ZAGG’s sole discretion to choose its own counsel, Buyer will also defend ZAGG from any such claims, causes of action, or proceedings.
The Terms will be considered to have been made in the State of Utah and will be governed by and interpreted under Utah state law, without giving effect to conflict of law principles. Except as provided below, any action, question, dispute, or claim arising out of or relating to the Terms may be brought only in a federal or state court in Salt Lake County, Utah, having jurisdiction over the subject matter, and Buyer irrevocably consents that such court will have personal jurisdiction over Buyer and waives any objection that the court is an inconvenient forum. THE BUYER WAIVES RIGHTS TO A JURY TRIAL AND/OR CLASS ACTION RELATING TO THE GOODS, AND MAY NOT JOIN OR CONSOLIDATE CLAIMS AS A REPRESENTATIVE OF A CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
ZAGG has all rights and remedies given to ZAGG by applicable law, and ZAGG’s rights and remedies are cumulative and may be exercised from time to time by ZAGG. No waiver by ZAGG of any Terms shall operate as a novation or waiver of any other breach. ZAGG will not lose any right because it has not exercised that right in the past.
If any Term is invalid or unenforceable, that Term will be ineffective only to that extent, but the remaining provisions and Terms will be unaffected. Buyer’s rights may not be assigned or transferred. The Terms will be binding upon and enforceable by and against Buyer and ZAGG, and their respective legal representatives, successors, heirs and assigns.