TERMS & CONDITIONS

ZHILLMATIC DESIGNS LLC

ZHILLMATIC DESIGNS LLC

Last updated: 15 February 2020

 

BY VISITING https://zhillmatic.com YOU ARE CONSENTING TO OUR TERMS OF SERVICE.

1. OVERVIEW

Please read these Terms and Conditions ("Terms of Use", "Terms") carefully before using the https://zhillmatic.com website ( the “Site”) operated by ZHILLMATIC DESIGNS LLC (“the Company”, "us", 'we", "our").

Every time you visit the Site, use its services or make a purchase, you accept the following Terms and Conditions. This is why we urge you to read them carefully.

By using https://zhillmatic.com, referred to collectively as the “Site”, all visitors, referred to as “user”, “you” and “your” are bound by these Terms of Service and Disclaimers. The terms “we,” “us,” “our,” and “Zhillmatic” refer to ZHILLMATIC DESIGNS LLC (the “Company”), owner of https://zhillmatic.com. Accessing this Site constitutes a use of the Site and an acceptance to the Terms and Conditions, and Disclaimers provided herein.

By using the Site, you agree to these Terms of Service and Disclaimers, without modification, and acknowledge reading them. We reserve the right to change these Terms of Service and Disclaimers or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service and Disclaimers on this Site. By continuing to use the Site after we post any such changes means you accept the new Terms with the modifications.

IF YOU DISAGREE WITH ANY PART OF THE TERMS THEN YOU MAY NOT ACCESS THE SITE AND MUST STOP USING THE SITE IMMEDIATELY.

2. PRIVACY POLICY

Before you continue using our Site we advise you to read our privacy policy regarding our user data collection. It will help you better understand our practices.

3. TERMINATION

We may terminate or suspend your access to our Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

 

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

4. LICENSE AND SITE ACCESS

We grant you a limited license to access and make personal use of this Site. You are not allowed to download or modify it, in parts or in its entirety. This may be done only and exclusively with written consent from us.

5. SITE USE

To access or use the Site, you must be at least 18 years of age or older and have the requisite power and authority to enter into these Terms of Service.

In order to use the Site, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to the Company will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site, violate any laws in your jurisdiction.

You may use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

6. ZHILLMATIC DESIGNS LLC INTELLECTUAL PROPERTY

The Site contains intellectual property owned by the Company, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property, as well as the Zhillmatic name, logo, all designs, text, graphics, photographs, other files, and the selection and arrangement thereof.

You may view, print and/or download one copy of the Materials from this website on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site content or intellectual property, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site, without refund, if you are caught violating this intellectual property policy. We reserve the right to take the necessary legal actions against you if you are caught violating this intellectual property policy.

7. COPYRIGHT

Content published on this Site (digital downloads, images, texts, graphics, logos) is the property of Zhikica Ivanovic and ZHILLMATIC DESIGNS LLC and/or its content creators and protected by domestic and international copyright laws. The entire compilation of the content found on this website is the exclusive property of Zhikica Ivanovic and ZHILLMATIC DESIGNS LLC, with copyright authorship for this compilation by Zhikica Ivanovic.

8. CONTENT

Our Site allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (hereinafter as "Content"). You are responsible for the Content from the Service that you share, and must not tarnish the brand image while sharing Content from the Site, and may not use it to misrepresent the Site and Company. You shall not represent Content taken from the Site as your own, and you shall not use Content from the Site for your own personal, professional and/or commercial gain.

9. DISCLAIMERS

The Company makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. The Company disclaims all liability for any inaccuracy, error or incompleteness in the Content.

By participating in and/or reading this Site and/or other Content, including but not limited to blog, email, videos, webinars, and/or teleseminars, you acknowledge that the Company cannot guarantee the outcome of services and/or recommendations within the Content and any comments about the outcome are expressions of opinion only. The Company cannot make any guarantees other than to deliver information, education, and services purchased as described.

By participating in/reading Company’s Content, you acknowledge the Company and its representatives are not licensed psychologists, attorneys, or financial advisers, and the services or information provided here do not replace the care of medical or other licensed professionals. Any information provided here is in no way to be construed or substituted as medical advice or psychological counseling or any other type of therapy or advice.

The Company may provide the User with information relating to third-party products and/or services that the Company believes might benefit the User, including business and marketing platforms or applications, travel resources, and other, but such information is a recommendation only.

 

THE COMPANY IS NOT LIABLE FOR ANY ADVERSE EFFECTS OR CONSEQUENCES THAT MAY RESULT, EITHER DIRECTLY OR INDIRECTLY, FROM ANY RECOMMENDATIONS PROVIDED.

 

User agrees that these are only recommendations and the Company will not be held liable for the products and/or services provided by any third-party to the User. Should the Company be an affiliate for any product and/or service and receive a commission, this information will be disclosed at the point of purchase.

You acknowledge that the Company has not and does not make any representations as to the future income, outcomes, sales volume or potential profitability or loss of any kind that may be derived as a result of use of the Company’s Site, Courses, products or services. Testimonials, earnings, or examples shown through the Site, programs, and/or services are only examples of what may be possible. There can be no assurance as to any particular financial outcome based on the use of the Company’s Courses and/or services.

10. COMMUNICATIONS

The entire communication with us is electronic. Every time you send us an email or visit our website, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our website, you agree to receive regular emails from us. We will continue to communicate with you by posting news and notices on our website and by sending you emails until you opt out of all communications with us. You agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.

11. APPLICABLE LAWS

By visiting this website, you agree that the laws of the Republic of North Macedonia, without regard to principles of conflict laws, will govern these Terms and Conditions, or any dispute of any sort that might come between Zhikica Ivanovic/ZHILLMATIC DESIGNS LLC, and you, or its business partners and associates.

12. DISPUTES

Any dispute related in any way to your visit to this Site or to products and/or services you purchase from us shall be arbitrated by appropriate court and legal institutions in Skopje, Republic of North Macedonia and you consent to exclusive jurisdiction and venue of such courts.

13. LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, ZHILLMATIC DESIGNS LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF ZHILLMATIC DESIGNS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ZHILLMATIC LLC CUMULATIVE LIABILITY TO YOU EXCEED $100.

14. LINKS TO OTHER WEBSITES

Our Site may contain links to third-party websites or services that are not owned or controlled by ZHILLMATIC DESIGNS LLC. ZHILLMATIC DESIGNS LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that ZHILLMATIC DESIGNS LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

  

15. INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Site. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

16. RELEASE OF CLAIMS

In no event will the Company be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on our Site or its Content. You hereby release the Company from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.

17. ONLINE COMMERCE

Certain sections of the Site or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Site or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company.

Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Site, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.

We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Site or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the Merchant directly.

You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Site or its Content.

18. GOVERNING LAW; VENUE; MEDIATION

This Agreement shall be governed by and construed in accordance with the laws of the Republic of North Macedonia, regardless of the conflict of laws principles thereof.

If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the appropriate legal institutions and/or courts in the Republic of North Macedonia. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Skopje, Republic of North Macedonia or via telephone.

 

The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

19. SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

20. ASSIGNMENT

These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable or otherwise transferable by you. Any transfer, assignment or delegation by you is invalid.

21. ENTIRE AGREEMENT; WAIVER; HEADINGS

This Agreement constitutes the entire agreement between you and ZHILLMATIC DESIGNS LLC pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by the Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Company. The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

22. CHANGES TO TERMS OF SERVICE

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

 

If you have any questions or concerns regarding these Terms of Service or Disclaimers, please contact us at hello@zhillmatic.com or via the contact form on our Site.

 

Updated: February 2020