Introduction
All services provided by Zyleme are governed under our Terms and Conditions, and are
subject to change at any time. These Terms and Conditions apply to a standard routed
export transaction, when Member purchase products in the United States from
merchants acting as the U.S. Principal Party in Interest, as defined by the United States
Foreign Trade Regulations.
This Privacy Policy describes the ways that Zyleme collects, uses, protects, transfers,
and discloses information that you provide to us, that we collect, or that we receive
through our website, located at www.Zyleme.com (the "Website").
Privacy Policy
Philosophy
Zyleme is dedicated to protecting the privacy of your personal information. "Personal
information" includes information about you by which you may be personally identified,
including, for example, your name, address, email address, telephone number, age,
gender, date of birth, account numbers, VAT/Tax ID, and financial and payment
information. This Privacy Policy does not apply to the practices of companies that
Zyleme does not own or control, or to people whom Zyleme does not employ or
manage, including any third party advertisers or other websites that may link to or be
accessible from the Website
Your Consent
By accessing or using the Website, you consent to this Privacy Policy. If you do not
agree to the terms and conditions of this Privacy Policy, you may not use the Website.
Policy Changes
Zyleme reserves the right to modify this Privacy Policy at any time and without prior
notice. All changes to this Privacy Policy will be effective immediately upon being
posted to the Website. We will notify you of any material changes to this Privacy Policy
by conspicuously posting the changes on the Website. By continuing to use the Website
after we change the terms of this Privacy Policy, you consent to those changes. It is
your responsibility to periodically check the Website and this Privacy Policy for changes.
Information Zyleme may collect on the Website
We collect several types of information from and about you when you access and use
the Website, including the following: Non-Personal Information. When you visit the
Website, we may collect non-personal information about you automatically as you
navigate through the Website via certain Internet technology tools, including cookies,
web beacons, and other tracking technologies.
"Non-personal information" we may collect includes, for example, your IP address,
details about how you use the Website, what Website features you access, information
regarding the type of browser and operating system that you use, what website you
linked from to the Website, other websites you have visited, and other similar analytic
data. Non-personal information also includes personal or non-personal information that
has been aggregated or pseudonymized in such a way that you cannot easily be
identified individually. We may use third party service providers to assist us in collecting
and analyzing non-personal information or to provide advertisements or other content
on the Website.
Personal Information. We may collect personal information:
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When you provide it to
us directly, including through forms on the Website (including, for example, when you
register for our service, purchase a membership, use our services, or otherwise);
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When you send us an email or contact us using the Help page or Live Chat; and
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From third-party service providers who assist us in collecting and analyzing personal
information. If you elect to post any information to publicly-accessible areas of the
Website, you hereby grant to Zyleme a perpetual, worldwide, irrevocable, fully-paid-up,
royalty-free, nonexclusive license to use, reproduce, copy, modify, publish, distribute,
perform, display, and create derivative works from such information (in whole or part) for
any reason whatsoever.
Activation of the Member's account or use of services provided by Zyleme (hereinafter
the "Website") will represent the Member's acceptance of this agreement (hereinafter
"Agreement"), as set forth in the following Terms and Conditions, and the Member's
authorization for Zyleme to charge the Member's payment method for all future charges.
Member also consents to Zyleme's Privacy Policy, as outlined above. Zyleme reserves
the right, at its sole discretion, to change, modify, or otherwise alter these terms and
conditions. It is the Member's responsibility to review the Terms and Conditions
periodically as continued use of Zyleme's services will constitute the Member's
acceptance of any revised terms and conditions. If you disagree with modifications
made to these Terms and Conditions, your only recourse is to cease using the services
of Zyleme.
Zyleme prohibits any illegal activity by its Members. Any charges incurred, for legaladvice or otherwise, by Zyleme in connection with the enforcement of the law against aMember or a potential Member will be the financial responsibility of the Member or thepotential Member. See Indemnification section below for further details. Membershipstarts the day the Member's application is received by Zyleme. Zyleme cannot arrangefor any shipments until all required documentation is received. The Member representsand warrants that he/she is responsible for complying with all known applicable exportand import control laws and regulations in the order and receipt of merchandise andmail under the terms of this Agreemen
User Guidelines
You agree to adhere to the following guidelines when using this Website
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You may not defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
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You may not publish, post, advertise, distribute, disseminate, or upload
any defamatory, infringing, obscene, indecent, abusive, offensive,
inflammatory, objectionable, or unlawful material or information.
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You may not publish, post, advertise, distribute, disseminate, or upload
any information that may infringe any patent, trademark, trade secret,
copyright, or other intellectual property rights, or any rights to privacy or
publicity, of any other person.
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You may not publish, post, advertise, distribute, disseminate, or upload
any information that violates the legal rights of any other person or that
could give rise to any civil or criminal liability under applicable laws or
regulations or that otherwise may be in conflict with these Terms and
Conditions or the Privacy Policy.
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You may not upload files that contain viruses, Trojan horses, worms,
corrupted files, or any other similar malicious or harmful software, code, or
programs that may damage the operation of another's computer or the
Website.
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You may not delete or modify any author attributions, legal notices or proprietary
designations or labels in any information that is published, posted, advertised,
distributed, disseminated, or uploaded.
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You may not falsify the origin or source of information or material published,
posted, advertised, distributed, disseminated, or uploaded.
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You may not conduct or forward surveys, contests, chain letters, or commercial
solicitations.
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You may not download any material or information published, posted, distributed,
disseminated, or uploaded by another user that you know, or reasonably should
know, cannot be legally distributed in such manner.
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You may not provide personal information, as that term is defined in the
Privacy Policy, of another person without his or her express permission.
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You may not provide personal information of individuals under the age of
13.
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You may not access or attempt to access Zyleme's information technology
systems, environments, networks, files, data or accounts to which express
authorization has not been obtained, or log into a server that you are not
authorized to access.
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You may not attempt to circumvent or subvert system or network security
mechanisms, or probe the security of any system, network, or account
associated or used in conjunction with the Website.
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You may not use the Website in any manner that could disable,
overburden, damage, or impair the Website or interfere with any other
person's use of the Website, including their ability to engage in real time
activities through the Website.
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You may not use any robot, spider, or other automatic device, process, or
means to access the Website for any purpose, including monitoring or
copying any of the material on the Website.
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You may not use any manual process to monitor or copy any of the
material on the Website or for any other unauthorized purpose without our
prior written consent.
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You may not use any device, software, or routine that interferes with the
proper working of the Website.
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You may not attack the Website via a denial-of-service attack or a
distributed denial-of-service attack.
Please do not post any personal information, as that term is defined in the Privacy
Policy, on publicly accessible areas of the Website. If you elect to post any information
to publicly-accessible areas of the Website, you hereby grant to Zyleme a perpetual,
worldwide, irrevocable, fully-paid-up, royalty-free, nonexclusive license to use,
reproduce, copy, modify, publish, distribute, perform, display, and create derivative
works from such information (in whole or part) for any reason whatsoever
Terms Of Service
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Zyleme will provide the Member with an address number at our warehouse
facility in the United States at which the Member can have merchandise
delivered prior to export.
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Zyleme's services consist of acting as an agent of the Member for
consolidation and export purposes by receiving the Member's
merchandise, which will be sorted, packed, and consolidated. At the
Member's direction, Zyleme arranges for export to the Member's specified
local address by an unaffiliated service provider, which acts as the freight
forwarder and/or carrier for the shipment. Zyleme does not act as an
indirect air carrier of property, but rather acts as an agent of the shipper (i.e., Members). All packages received by Zyleme will be opened by
representatives of the company.
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Members accept that freight forwarders and/or carriers reserve the right to
open and/or inspect every shipment tendered to forwarders and/or carriers
on behalf of an Zyleme Member.
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The Member authorizes Zyleme to charge his/her payment method for all
services and/or account activity with Zyleme. Such charges may include but are
not limited to membership dues, shipping and handling charges, return/reroute
fees, storage charges, late charges, and any optional services. Failure to provide
payment for services rendered at the time of service may result in late charges,
stop shipment charges, suspension of service, cancellation of membership, and
involuntary return or the discarding of any remaining merchandise.
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If a Member's payment method is by credit card, and if such Member has an
outstanding invoice or invoices, the Member authorizes Zyleme to charge his/her
credit card for the aggregate amount of such outstanding invoice or invoices in
one or more credit card transactions. By way of example, if a Member has an
outstanding invoice or invoices of GHS 3,000 in the aggregate, the Company
may either charge the Member's credit card
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one time for GHS 3,000,
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three times for GHS 1,000 each or
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any other combination that in the aggregate
equals GHS 3,000.
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Shipping costs are based on the weight and dimensions of your shipments.
Shipping costs will be charged according to the actual weight or dimensional
weight, whichever is greater.
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Zyleme will allow active Members to store their merchandise for up to 30 days at
no charge. After 30 days, the Member agrees to pay storage charges per box per
day, consistent with Zyleme's current schedule of fees.
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Prohibited or restricted merchandise is not storable and will be rejected, forfeited
(and sold with the proceeds donated to charity), destroyed, or provided to
government officials.
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Insurance costs for shipments of merchandise are based on the insured value.
Each $100 of insured value costs $5. The insured value is subject to the terms
and conditions of the particular carrier's airway bill(s). All claims are reviewed
individually and any claim payment will be based on the declared value
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Claims for lost or damaged merchandise must be filed within the published time
limits of the particular carrier. Claims are considered filed when a fully completed
claim form, photograph(s), and supporting documentation, including receipts, are
received by Zyleme. Claims are reviewed individually and the review process will
take a minimum of eight (8) weeks. Specific commodities, including televisions,
computers, electronics, jewelry, figurines, furniture and lighting have limits of
liability in case of loss or damage regardless of the declared value or insurance
costs paid. Any liability for damage or loss caused after delivery to Zyleme is
limited to the lesser of either the declared value, proof of purchase price, or the
specific commodity liability limit. No liability will be assumed by Zyleme for
damage or loss caused to any items before delivery to Zyleme or caused to merchandise prepackaged by manufacturer. Failure to file a completed claim
within the carrier time limit will invalidate the claim.
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If a Member's account charges become delinquent for more than thirty (30) days,
Zyleme may exercise, in addition to all other rights and remedies granted to it in
these Terms and Conditions and in any other instrument or agreement securing,
evidencing or relating to any Secured Obligation, all rights and remedies of a
secured party under the Uniform Commercial Code or any other applicable law.
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Title to any items that cannot be exported after arrival at the Zyleme facility will
be forfeited by the Member. Zyleme will have the option of returning all such
forfeited packages/mail to the sender(s) and/or of discarding the items, including
by (1) selling any items not returned to the seller and then providing the proceeds
of such sales to charity, (2) destroying such items, or (3) providing such items to
a government official.
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The Member agrees and acknowledges that he/she shall purchase any and all
merchandise from Sellers in a manner that (1) transfers title to the Member prior
to the time that the merchandise is received at the Zyleme warehouse and (2) in
accordance with risk of loss terms that provide either that the buyer or the
Member bears the full costs and risks of moving the goods from the buyer's
location to the Zyleme warehouse.
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If a Member's account charges become delinquent for more than 30 days,
Zyleme may, at its sole discretion, cancel the Member's membership, process all
packages and mail by returning the same to the sender, or discarding all
packages and mail. The Member forfeits all claims to items abandoned in his/her
mailbox once the membership is cancelled.
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Each package received by Zyleme with an incomplete, incorrect, or old address
that can be associated with a Member will be assessed a charge consistent with
Zyleme's current schedule of fees. Members should ensure that all merchants
and sellers mark all packages with the complete and accurate address, including
the Member's unique address that has been assigned for consolidation purposes.
All packages received with incomplete, incorrect, or old addresses that cannot be
associated with a Member will be returned to the Sender or discarded.
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All invoices past due for more than thirty (30) days will be assessed a flat fee
plus a percentage per month late charge consistent with Zyleme's current
schedule of fees. Package orders past due for more than fifteen (15) days will be
assessed a flat fee plus a percentage per month late charge, consistent with
Zyleme's current schedule of fees, for each 15 day period that an order remains
past due.
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The Member's Zyleme suite number is to be used only for package consolidation
purposes. The Member will not represent that its Zyleme suite number is its
address for any purpose other than as the address to which packages may be
delivered prior to export, including, but not limited to, representing that its Zyleme
address is the address of the Member's place of business or residence. Failure to
comply with this requirement may result in the cancellation of the Member's
Zyleme account.
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The Member is solely responsible for complying with any terms and conditions of
sale that may be imposed by the seller of the merchandise. The Member
acknowledges that Zyleme is not responsible for any action taken by the seller
with respect to the Member's order as a result of the seller's terms and conditions
of sale.
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The Member also is responsible for informing the seller that any merchandise
purchased and sent to Zyleme's facility ultimately will be exported out of the
United States. It ultimately is the responsibility of the Member to ensure that the
seller provides the export classification of the merchandise and determines if any
export licenses are required for the merchandise. The Member must ensure that
merchandise requiring an export license, or that is otherwise controlled for
export, is not shipped to Zyleme by the seller.
Prohibited and Restricted Items
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The following list is a non-exclusive sampling of items that are restricted, cannot
be shipped or, may either require an import license, additional documentation
and/or cause problems and delays during the customs review of your shipment:
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Combustible/flammable items (paints, oils, lighters, perfume, nail polish)
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Any type of pressurized can (hair spray, shaving cream, spray cans of any
type)
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Hazardous materials (matches, chemicals, explosives)
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Firearms, weaponry and their parts: military, police and tactical equipment
of any kind, including guns, gun replicas, gun accessories, gun
components (magazines, clips and rail systems), ammunition, knives,
swords, compound bows, crossbows, discharge weapons such as shock
batons or stun guns, tooling for guns or gun parts, optical scopes, laser
sights, night sights, night visions goggles, handcuffs and other restraints,
surveillance equipment.
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Agricultural products such as tobacco, plants and seeds (restricted to
some destinations)
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Coffee (restricted to some destinations)
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Perishable foods (refrigerated, frozen, fresh/raw fruits and vegetables,
etc.) Note that any food (including dietary supplements) received through
Zyleme may not be returned to or resold in the United States.
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Animals and products made with animal skin (furs).
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Alcohol (Zyleme may be able to assist you with shipping table wine
through unaffiliated freight forwarders and carriers in limited quantities).
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.Cash, currency, money orders, cashiers' checks, bank drafts, bearer
bonds and collectible stamps and coins. Jewelry and precious stones are
(a) may be restricted and (b) can only be insured up to $500 maximum
and any shipments of jewelry in excess of $500 carriage limit is uninsured
and Member assumes all risk of loss above such limit.
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Lottery tickets and gambling devices.
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Prescription and/or veterinary medication.
- Pornography
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Lock picking devices
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Government IDs and licenses, or items that claim to be, or that look similar
to, government identification documents. This includes uniforms and
badges or patches designed to look like official government-issue.
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The Member understands and agrees that any software and/or data
residing on used computer equipment or other electronic storage device is
the sole responsibility of the Member. The Member is responsible for and
warrants his/her compliance with all applicable import and export laws,
rules and regulations, including, but not limited to, the import and export
laws and government regulations of the Office of Foreign Assets Control,
U.S. Department of State, and U.S. Department of Commerce and any
requirements pertaining to the shipping of any such software and/or data
to any country to, from, through or over which the Member's shipment may
be carried. Members also understand that Zyleme is not responsible for
the loss of any software and/or data.
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The Member acknowledges that Zyleme will not directly or indirectly,
participate in any way in any transaction involving any commodity,
software or technology (hereinafter collectively referred to as "item")
exported or to be exported from the United States that is subject to the
ITAR or that would require an export license under the EAR, except in
instances where the item subject to the EAR is eligible for an export
license exception that has been approved for use by Zyleme. The Member
also acknowledges that Zyleme does not allow for the use of exemptions
under the ITAR.
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The Member is responsible for confirming that prohibited items listed are
not sent to Zyleme. Zyleme reserves the right to return packages to the
sender(s) for any reason, to provide packages (and information
concerning the same) to government authorities, or to otherwise discard
packages (including by selling forfeited items with the sales proceeds
going to charity).
Fraud Prevention
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Zyleme uses commercially reasonable efforts to prevent fraudulent use of the
Website. NOTWITHSTANDING THE FOREGOING, Zyleme WILL NOT BE
LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY FRAUDULENT USE OF
THE WEBSITE BY YOU OR BY THIRD PARTIES. If you think there has been
fraudulent activity with respect to your account, you must contact Zyleme
immediately, and Zyleme will cancel such an account
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You may not use the Website for multi-level marketing, pyramid schemes,
receiving checks and/money orders, or other business practices easily subject to abuse. You represent, warrant, and covenant that all information you provide to
Zyleme is accurate and complies with all applicable local, state, and federal laws
and regulations, including any information regarding the value or export
classification of merchandise. You are solely liable for such information and for
maintaining all records as required under law. You may be subject to civil or
criminal penalties by the appropriate authority for making false or fraudulent
statements with respect to such information.
Indemnification
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The Member agrees that he/she will remain liable for and indemnify, defend, andhold harmless Zyleme and its shareholders, officers, directors, agents, partners,employees and independent contractors, at all times from the date hereof, fromand against any and all claims, actions, damages, awards, liabilities, losses(including consequential losses), judgments, penalties, interest, fines, expenses,and/or other costs (including attorneys' charges and court costs) arising byreason of the execution hereof or the consummation of the transactionscontemplated hereby, including without limitation those arising from or relating to:
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any negligent action or omission of Member or any of the Member's
employees, contractors, agents or any other person acting under
Member's supervision or control prior to, as of, or following the date
hereof;
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any inaccuracy or breach of any representation or warranty made by
Member in this Agreement or any other document or instrument executed
or delivered by Member in connection with this Agreement;
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any breach or non-performance of any covenant or agreement made by
Company in this Agreement or any other document or instrument made by
Member in connection with this Agreement;
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Zyleme's preparation, determination or execution of the documents or any
other document necessary for transportation, including but not limited to
preparing address information, routing, classification, licensing
requirements, and listing the value of goods or the value for carriage,
except for claims arising solely from the gross negligence or willful
misconduct of Zyleme;
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the Member providing to Zyleme any incomplete or false information; and
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the Member's failure to comply with the terms hereof or of any
jurisdiction's law applicable to the exportation or importation of such
shipments.
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The Member acknowledges that the foregoing provisions are a material
inducement for Zyleme to enter into this Agreement and the transactions
contemplated hereby, and shall survive termination of this Agreement.
Severability
Any use in contravention of this provision or any provision of this Agreement is at yourown risk and, if any part of this Agreement is invalid or unenforceable under applicablelaw, the invalid or unenforceable provision will be deemed superseded by a valid,enforceable provision that most closely matches the intent of the original provision andthe remainder of the agreement shall govern such use.
No Legal Relationship
You agree that no joint venture, partnership, employment, or agency relationship (other
than as expressly set forth in these Terms and Conditions) exists between you and
Zyleme as a result of this Agreement or your use of this Website.
Entire Agreement
This Agreement constitutes the entire agreement between you and Zyleme with respect
to this Website. This Agreement supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral, or written, between you and
Zyleme with respect to this Website. Any alleged waiver of any breach of this
Agreement shall not be deemed to be a waiver of any future breach.