Acceptance of Terms of Use.

Welcome to the Zap Cloth family of websites. The following Terms of Use ("Terms") govern the use of the websites located at, or linked to, the URLs http://www.zapcloth.com/ or http://www.zapcloth.net/ and the Content (as defined below), products, information, and services that may be offered on or through such website (the "Website" or our "Website" or the "Zap Cloth Website") or through your use of such website. These Terms of Use also govern the ability to order products on the Website and any related links on or from the Website. The Zap Cloth Website may be accessed by other domain names, including, but not limited to, zapcloth.com, zapcloth.net, zapvac.com, and dashstick.net.
Unless the context indicates otherwise, the term "we" or "our" or "us" or "Kaywos, Inc." or "Bryan Pinkham" refers to the owner of the Zap Cloth Website; the term "you" or "your" or "customer" or "distributor" refers to the viewer or user of the Zap Cloth Website; the term "Content" refers to any or all text, documents, information, photographs, images, graphics, logos, icons, emblems, designs, artwork, product packaging, catalogs, trademarks, trade names, service marks, copyrighted materials, audio and video presentations/demonstrations, user interfaces, Software, and other material and content provided by us on or through the Zap Cloth Website or through your use of the Zap Cloth Website, including, but not limited to, the design, selection, arrangement, and coordination of such Content on the Zap Cloth Website.
The Zap Cloth Website is provided as a service to our customers and use of the Zap Cloth Website constitutes your unconditional agreement to be bound by these Terms of Use. If you do not agree to any of these Terms of Use, do not use the Website. Be sure to check this page periodically for updates, as your continued use of the Website signifies your acceptance of any changed items.
By accepting these Terms of Use through your use of the Zap Cloth Website, you certify that you are 18 years of age or older.
By using the Zap Cloth Website, you understand and expressly agree to be legally bound by these Terms of Use; our Privacy Policy, which is part of these Terms of Use; and our Terms and Conditions for distributors of the Zap Cloth, which becomes part of these Terms of Use when you fill out the distributor application, enter your initials in the text box as indicated, and select "I Agree;" and to follow these Terms of Use and all applicable laws and regulations governing the Website.

Intellectual Property.

The Zap Cloth Website is owned and operated by Kaywos, Inc. and the Content (and any intellectual property and other rights relating thereto) is the property of Bryan Pinkham, owner of Kaywos, Inc. The Content and the selection, compilation, collection, arrangement and assembly thereof is protected by United States and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. Except as expressly set forth in the “Permitted and Prohibited Uses” section below, you agree not to reproduce, imitate, copy, modify, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Website or any materials made available through the Website, whether registered or unregistered. The absence of a trademark, trade name, or service mark does not constitute a waiver of our intellectual property rights concerning that trademark, trade name, or service mark. The use of any of our trade name, trademarks, or service marks without our express written consent is strictly prohibited. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
The following is a non-exclusive list of registered trademarks of Kaywos, Inc.:
Zap Cloth®
Zezo-Fiber®
Big BAM Cloth®
Kaywos Cloth®

Permitted and Prohibited Uses.

Unless otherwise specified, all Content on the Zap Cloth Website is a shopping resource and may only be used for your personal and non-commercial use. All Content on the Zap Cloth Website is the sole property of Bryan Pinkham, owner of Kaywos, Inc. © 2011, ALL RIGHTS RESERVED, and is protected by United States and international copyright laws and other intellectual property laws, including laws covering data access and data compilations. Additionally, the Website itself is protected by copyright as a collective work and/or compilation. No portion of the Website may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted, in writing, by Kaywos, Inc.
You must be 18 years or older and have a valid PayPal account, a valid credit card, or a valid debit card, with full authority to use it, to submit an order through the Website. Please refer to the "Methods of Payment and Taxes" section below.
All information provided by you must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Use.
You agree not to use the Zap Cloth Website in a manner that violates any laws. You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Website; your communications with or through the Website; and your purchase and/or use of products or services offered on or through the Website.
You agree not to violate or attempt to violate the security of the Zap Cloth Website. You agree not to use any device, software or routine to interfere with the proper working of the Zap Cloth Website or any activity being conducted on the Website. You agree not to cause damage on or through the Website.
You agree not to impersonate any person or entity, including without limitation any representative of Kaywos, Inc.; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website; or express or imply that any statements you make are endorsed by Kaywos, Inc., without our prior written consent.
You agree not to remove any copyright, trademark or other proprietary rights notices contained in or on the Website, Content, Software, audio and video presentations/demonstrations, or custom artwork on catalogs, product packages, product inserts, banners, and other material and content provided by us.
You agree not to reproduce, copy, upload, post, transmit, display, sell, resell or otherwise redistribute or exploit any materials or design elements of the Website, any other portion of the Website, or use of or access to the Website, for commercial purposes without our prior written consent.
You agree not to modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble the Software or any portion of the Website or otherwise attempt to determine the source code or trade secrets of the Website or the Software.
You agree that Kaywos, Inc. may, at its sole discretion and without prior notice to you, terminate your access to the Website for any reason. YOU AGREE THAT KAYWOS, INC. WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE WEBSITE.

Pricing Errors.

While we strive to provide accurate pricing information, errors may occur. In the event that an item is listed at an incorrect price, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item whether or not the order has been confirmed and your account charged. If your account has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to the charged account in the amount of the charge. In the event that an item is mispriced, we may, at our discretion, either contact you to correct the error or cancel your order and notify you of such cancellation.

Changes and Availability.

Product prices on the Zap Cloth Website may change at any time, without notice. The availability of products on the Website may change at any time, without notice. We may make improvements and/or changes to the Website and/or discontinue any part or the entire Zap Cloth Website at any time, without notice. We may change methods of payment at any time, without notice. We may change shipping methods and costs at any time, without notice. Kaywos, Inc. reserves the right to change anything and everything at any time, without notice. YOU AGREE THAT KAYWOS, INC. WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY AND ALL CHANGES ON THE WEBSITE.

Order Acceptance and Refusal.

By confirming your purchase at the end of the checkout process, you agree to pay for the item(s) requested.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order, at our sole discretion, to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. YOU AGREE THAT KAYWOS, INC. WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR CANCELING YOUR ORDER OR FOR SUPPLYING LESS THAN THE QUANTITY YOU ORDERED.

Methods of Payment.

All online payments must be made using PayPal. We use PayPal's shopping cart and checkout service. We do not accept any other form of online payment. PayPal is a third-party and, as such, has its own legal agreements and privacy policies. PayPal's agreements govern your use of their service and you must refer to those agreements to determine your rights and liabilities. Refer to the "Links to Third Party Websites" section below. YOU AGREE THAT KAYWOS, INC. WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR LINKING TO OR FOR USING PAYPAL.
If you do not want to use PayPal, you may call 855-927-7873 and deal with us directly for payment using your valid credit card or debit card. DO NOT USE THE "CONTACT US" FORM (OR ANY FORM) OR EMAIL TO SEND YOUR CREDIT CARD INFORMATION. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT KAYWOS, INC., ARE RESPONSIBLE FOR PAYING ANY AMOUNTS, AUTHORIZED OR UNAUTHORIZED, BILLED TO YOUR CREDIT CARD.
If we do not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by us.

Taxes and Fees.

You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred.
You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use, customs duties, import fees, and/or Value Added Taxes (VAT). We will automatically charge and withhold a 7.0% sales tax for orders to be delivered to addresses within Florida. Each customer shall be solely responsible for all sales taxes, or other taxes or fees, on orders shipped to any other state, to any other country, or to any other area. All such taxes and fees are the sole responsibilty of the Buyer, NOT the Seller.
Please read this important sales tax information for states other than Florida. State sales tax may be due on purchases. Kaywos, Inc. does not collect and is not required to collect state sales tax for orders to be delivered to addresses outside Florida. However, this purchase is not exempt merely because it was made via the Internet. You may be required to report all purchases that were not taxed and pay those taxes.

User Comments, Reviews, Feedback, Submissions.

For all comments, reviews, feedback, and submissions from customers offered to Kaywos, Inc. on or through the Zap Cloth Website or through your use of the Zap Cloth Website, you grant Kaywos, Inc. a royalty-free, irrevocable, transferable right and license to use these submissions however Kaywos, Inc. desires without restriction and without compensating you in any way. For example, if you send an email to us, we may use your comments and feedback to tell others about our services, and may post your comment on the Zap Cloth Website.

Privacy.

You acknowledge that any personal information that you provide through the Zap Cloth Website or through your use of the Website will be used by Kaywos, Inc. in accordance with the Zap Cloth Website's Privacy Policy. Our Privacy Policy is incorporated herein by reference and made a part of these Terms of Use.

Links to Third Party Websites.

The Zap Cloth Website may link to other websites operated by third parties. For example, we use PayPal's shopping cart and checkout service. PayPal is a third-party and, as such, has its own legal agreements and privacy policies. PayPal's agreements govern your use of their service and you must refer to those agreements to determine your rights and liabilities. We have no control over other websites or their content and cannot guarantee, represent, or warrant that the content of these websites is accurate, legal, and/or inoffensive. We do not endorse the content of other websites and cannot warrant that these websites do not contain viruses or other features that may adversely affect your computer. By using the Zap Cloth Website to link to another third party website, you agree and understand that you do so entirely at your own risk. It is your sole responsibility to become familiar with the agreements and policies of the linked third party websites. By using the Website to link to another third party website, you agree and understand that you may not make any claim against us for any damages or losses resulting from your use of the Website to link to a third party website. Nonetheless, we seek to protect the integrity of the Zap Cloth Website and welcome any feedback about these third party websites. YOU AGREE THAT KAYWOS, INC. WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES OR LOSSES RESULTING FROM THE ZAP CLOTH WEBSITE LINKING TO THIRD PARTY WEBSITES.

Links from Third Party Websites.

If a third party links to the Zap Cloth Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not aware that a third party has linked to the Website. A website that links to the Zap Cloth Website should not imply that we are endorsing it or its products, should not misrepresent its relationship with us, should not present false information about our products or services, should not contain content that could be construed as distasteful or controversial, and should contain only content that is appropriate for all age groups.

Third Party Distributors of the Zap Cloth and Wholesale Sales.

Third party distributors may distribute the Zap Cloth under the Zap Cloth name or they may distribute the Zap Cloth under a custom name selected by the distributor and approved by Kaywos, Inc. These Terms apply to all distributors of our cloth (the "Zap Cloth") by any name.
Independent individuals and/or businesses ("third parties") may apply to distribute the Zap Cloth and/or order at wholesale prices by filling out an application. These third parties are independent individuals or businesses, solely responsible for their own business and are not an employee, franchise, nor agent of Kaywos, Inc. We have no control over third parties and we do not assume any responsibility or liability for the actions, products, and website content of these third parties and any other third parties.
In order to distribute the Zap Cloth, you ("the third party") must completely and accurately fill out either the Wholesale application or the Private Label application (available on the Website) and accept the Terms and Conditions listed on the application page by entering your initials in the text box as indicated and selecting "I Agree." By entering your initials in the text box on the application page and selecting "I Agree," you understand and expressly agree to be legally bound by the Terms and Conditions listed on the application page. The Terms and Conditions listed on the application page is incorporated herein by reference and made a part of these Terms of Use. Once we have received your application, we shall have the right, at our sole discretion, to either accept or refuse your application for any reason. If we accept your application, we will email you the wholesale sales access codes so that you may order from either the Wholesale Products page or the Private Label Products page of the Website.
We shall have the right, at our sole discretion, to terminate your privileges to distribute the Zap Cloth. We shall have the right, at our sole discretion, to refuse or cancel your access to and/or ability to order from our Wholesale Products and/or Private Label Products pages (wholesale prices) at any time and for any reason. We shall have the right, at our sole discretion, to change prices on our Wholesale Products and/or Private Label Products pages at any time, without notice, and we shall have the right, at our sole discretion, to supply less than the quantity you ordered of any item. YOU AGREE THAT KAYWOS, INC. WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR PRIVILEGES TO DISTRIBUTE THE ZAP CLOTH, FOR REFUSING TO SELL TO YOU, FOR REFUSING TO SELL TO YOU AT WHOLESALE PRICES, FOR SUPPLYING LESS THAN THE QUANTITY YOU ORDERED, FOR CANCELING YOUR ORDER, AND/OR FOR CHANGING PRICES.
Kaywos, Inc. may provide custom Content for custom print products. For example, we may design a cloth insert or a banner with custom Content to be printed by our printer. The customer may place orders with us for these custom print products. The custom Content is the property of Bryan Pinkham, owner of Kaywos, Inc. The custom Content is protected by United States and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You agree not to reproduce, imitate, copy, modify, or create derivative works based (whether in whole or in part) on, all or any part of the custom Content. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED. Kaywos, Inc. may withdraw permission for the customer to use the custom Content at any time and for any reason. If we withdraw permission for you, the customer, to use the custom Content, you agree to immediately cease using the custom Content. You agree that Kaywos, Inc. may, at its sole discretion and without prior notice to you, terminate your ability to use this custom Content or any part of this custom Content. YOU AGREE THAT KAYWOS, INC. WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ABILITY TO USE OR ORDER THE CUSTOM CONTENT WHICH WAS SUPPLIED BY KAYWOS, INC.
Kaywos, Inc. may provide videos for a distributor to use on their website. If we provide you with a video presentation/demonstration to use on your website, you agree that you will only post the video on your website. You agree that you will not alter, modify, copy, reproduce, sell, resell, or redistribute the video without prior written permission from Kaywos, Inc. YOU AGREE THAT KAYWOS, INC. WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ABILITY TO USE VIDEO WHICH WAS SUPPLIED BY KAYWOS, INC.
A customer may elect to submit data, text, photographs, graphics, other materials (collectively, "Customer Content") to Kaywos, Inc. for inclusion in custom print products. You, the customer, understand and agree that you (and any other person from whom it may have originated) are solely responsible for all Customer Content. When you provide Customer Content to Kaywos, Inc. you warrant and confirm that you either own the copyright to or have permission to copy any documents, text, graphics, photographs, etc., that you submit for inclusion in the print process, and you agree to defend, indemnify and hold Kaywos, Inc. and its owners, officers, directors, employees, affiliates, representatives, agents, successors, licensors, business associates, distributors, suppliers, other partners, and any others involved in creating the print or electronic product, harmless from any suit, demand, or claim arising out of any breach of this warranty and agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim, and to pay any attorney's fees incurred by Kaywos, Inc. in defending against such suit, demand or claim. Please read the entire Terms of Use which govern the use of the Zap Cloth Website.

Electronic Signatures.

You agree to be bound by any affirmation, assent, communication or agreement you transmit through the Website. You agree that, when you click on "I Agree," "I Consent," "Submit," or other similarly worded "button" or entry field with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

Assignment.

You may not transfer or assign any rights or obligations you have under these Terms without Kaywos, Inc.'s prior written consent. Kaywos, Inc. reserves the right to transfer or assign these Terms or any right or obligation under these Terms at any time.

Indemnification.

You agree to defend, indemnify and hold Kaywos, Inc., its owners, officers, directors, employees, affiliates, representatives, agents, successors, licensors, business associates, distributors, suppliers, other partners, and any others involved in creating the Website, its Content and/or custom Content for print or electronic distribution, harmless from any claim or demand (including attorneys’ fees) made or incurred by any third party due to or arising out of your breach of these Terms and/or your purchase or use of the Zap Cloth Products or Services.

Shipping and Delivery.

Free shipping offers are valid only to addresses within the Continental United States. We cannot guarantee the time of delivery of a product. We are not responsible for products delivered to incorrect addresses supplied by the purchaser. We are not responsible for unsuccessful deliveries arising from inaccurate or incomplete shipping addresses supplied by the purchaser. We are not responsible for unsuccessful deliveries arising from the recipient not being present at the time of delivery. We are not responsible for product quality problems caused by improper handling by the recipient.

Returns.

Kaywos, Inc. guarantees that you will be completely satisfied with any products you order on the Zap Cloth Website. If you are unsatisfied with a product, you may return the product within 30 days after delivery for a refund of the product purchase price; we will even pay return shipping in the Continental United States. Buyer is responsible for return shipping charges outside the Continental United States and all shipping charges are non-refundable.
Please call to get a Return Merchandise Authorization (RMA) before sending back a return. Products returned without an RMA will be refused or are subject to a restocking fee. If you find a product is not as described, your sole remedy is to return it in the original packaging in unused and resalable condition following the procedure above.
If the above conditions are not met, Kaywos, Inc. reserves the right to refuse the return or to charge a restocking fee of not less than 25%.
This guarantee does not apply to wholesale sales; all wholesale sales are non-returnable and non-refundable.

Colors.

The color of the Zap Vac may be different from the colors pictured depending on the colors our supplier sends us. In addition, we cannot guarantee that your monitor's display of any color will be accurate.

Guarantees, Disclaimers, and Limitations of Liability.

KAYWOS, INC. GUARANTEES THAT YOU WILL BE COMPLETELY SATISFIED WITH ANY PRODUCTS YOU ORDER ON THE ZAP CLOTH WEBSITE. WITH RESPECT TO OUR GUARANTEE, OUR SOLE AND EXCLUSIVE MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WILL NOT BE MORE THAN TO REFUND THE PURCHASE PRICE OR TO REPLACE AND DELIVER EQUIVALENT PRODUCT ITEMS, AS APPROPRIATE, AS SOON AS REASONABLY POSSIBLE. THE APPLICABLE GUARANTEE MUST BE BROUGHT WITHIN THIRTY (30) DAYS AFTER DELIVERY OR WE SHALL NOT BE LIABLE AND YOU WILL HAVE WAIVED ANY AND ALL RELATED CLAIMS REGARDING SUCH PRODUCT ITEMS. IN NO EVENT SHALL KAYWOS, INC.'S OBLIGATION UNDER THIS WARRANTY EXCEED THE PRICE OF THE PRODUCT. THIS GUARANTEE DOES NOT APPLY TO WHOLESALE SALES. ALL WHOLESALE SALES ARE NON-RETURNABLE AND NON-REFUNDABLE.
WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AVAILABLE, THE INFORMATION ON THE ZAP CLOTH WEBSITE MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. OUR WEBSITE AND THE MATERIALS THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DO NOT PROMISE THAT OUR WEBSITE OR ANY SERVICES OFFERED ON OR THROUGH OUR WEBSITE WILL BE ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR BE UNINTERRUPTED, OR THAT THE USE OF OUR WEBSITE OR ANY CONTENT ON IT WILL PROVIDE ANY SPECIFIC RESULTS.
EXCEPT FOR THE GUARANTEE PROVIDED ABOVE IN THIS SECTION, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, GUARANTEES, WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON OUR WEBSITE, OUR WEBSITE’S USE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, OR QUIET ENJOYMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF OUR OBLIGATIONS UNDER THESE TERMS OF USE.
UNDER NO CIRCUMSTANCES WILL KAYWOS, INC. OR ANY OTHERS INVOLVED IN CREATING OUR WEBSITE AND ITS CONTENT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING OUR WEBSITE OR ITS CONTENT (INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, UNAUTHORIZED USE OF THIS SITE, LOST DATA, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY, LINE FAILURE, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE, OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT), EVEN IF YOU HAVE ADVISED KAYWOS, INC. IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
KAYWOS, INC. DOES NOT GUARANTEE THE ACCURACY OF INFORMATION FOUND ON OUR WEBSITE. YOUR RELIANCE ON INFORMATION FOUND ON OUR WEBSITE IS AT YOUR OWN RISK. YOU ACKNOWLEDGE, BY YOUR USE OF OUR WEBSITE, THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK AND LIABILITY. THE ENTIRE RISKS AS TO THE QUALITY, ACCURACY, RELIABLIITY, PERFORMANCE, AND SAFETY OF THE ZAP CLOTH WEBSITE AND THE PRODUCTS ADVERTISED AND SOLD ON OUR WEBSITE IS WITH YOU. KAYWOS, INC. DOES NOT GUARANTEE THE ACCURACY OF INFORMATION ON CUSTOM CONTENT CREATED FOR PRINT OR ELECTRONIC DISTRIBUTION. YOU ACKNOWLEDGE, BY ORDERING AND USING THE CUSTOM CONTENT, THAT YOUR USE OF THIS CUSTOM CONTENT IS AT YOUR SOLE RISK AND LIABILITY. THE ENTIRE RISKS AS TO THE QUALITY, ACCURACY, AND RELIABILITY OF THE CUSTOM CONTENT IS WITH YOU.
YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, KAYWOS, INC., ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, AGENTS, SUCCESSORS, LICENSORS, BUSINESS ASSOCIATES, DISTRIBUTORS, SUPPLIERS, OTHER PARTNERS, AND ANY OTHERS INVOLVED IN CREATING OUR WEBSITE, ITS CONTENT, AND/OR CUSTOM CONTENT FOR PRINT OR ELECTRONIC DISTRIBUTION, SHALL NOT BE LIABLE FOR DAMAGES RELATED TO PRODUCTS SOLD OR DELIVERED FREE OF CHARGE OR THE OPERATION, CONTENT, OR USE OF OUR WEBSITE (HOWEVER ARISING, INCLUDING NEGLIGENCE). YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, REVENUES, DATA AND USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, OUR WEBSITE OR ANY OTHER LINKED TO THIRD PARTY WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES.
THE ENTIRE RISK ARISING OUT OF THE USE OF THE ZAP CLOTH WEBSITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE ZAP CLOTH WEBSITE, AND/OR THE USE OF ANY CONTENT AND/OR DIGITAL DOWNLOADS REMAINS WITH YOU. THE MAXIMUM LIABILITY THAT KAYWOS, INC. SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO KAYWOS, INC. BY THE END USER. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF KAYWOS, INC. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

Applicable Law.

Your use of the Zap Cloth Website and any dispute arising out of such use of the Website is subject to the laws of The United States of America.
The Zap Cloth Website is controlled by us from within the United States of America. We make no representations that content or materials or products in or on the Website are appropriate or available for access or use in other jurisdictions. Access to the Website content or materials from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. We are not responsible for any law violations. You may not use or export the materials in or the products sold on the Website in violation of United States export laws and regulations.
You agree that any legal action brought against us shall be governed by the laws of the State of Florida, without regard to conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the Website or products purchased on the Website shall be an appropriate federal or state court located in Manatee County, Florida. You agree to bring any and all actions within one year from the date of the accrual of the cause of action, and that actions brought after this date will be barred
This Terms of Use (including all documents expressly incorporated herein by reference) constitutes the complete and exclusive agreement between Kaywos, Inc. and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.

Severability.

If any of the terms, or portions thereof, of these Terms of Use are invalid or unenforceable under any applicable statute or rule of law, the court shall reform the Terms of Use to include an enforceable term as close to the intent of the original term as possible; all other terms shall remain unchanged.

Waiver.

The waiver or failure of Kaywos, Inc. to exercise in any respect any right provided for in the Terms of Use shall not be deemed a waiver of any further or future right under the Terms of Use.

Headings.

Section titles in the Terms of Use are for reference purposes only and do not define, limit, or extend any provision of the Terms of Use.

Changes to our Terms of Use.

We reserve the right to update or modify these Terms of Use at any time without notice to you. It is your sole responsibility to check for changes to these Terms of Use. For this reason, we recommend that you review the Terms of Use whenever you use the Zap Cloth Website. The most current version of the Terms of Use can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Zap Cloth Website pages.
The Terms of Use was last updated on October 22, 2017. Please check our Terms of Use periodically for changes.

Contacting Us.

If there are any questions regarding these Terms of Use, you may contact us using the information below:
Bryan Pinkham
Owner Kaywos, Inc.
1111 26th Ave. E.
Unit B
Bradenton, FL. 34208
Phone: 855-927-7873 (855-zap-streaks)
Websites: www.zapcloth.com, www.zapcloth.net
Email: Contact Us