Copy of Terms of Sale
Effective Date: September 1, 2026
These Terms of Use (the “Terms” or the “Agreement”) constitute a written agreement between you and Zia Ventures LLC, d/b/a Zia Tile ("Zia Tile," "Company," "we," "us," or "our") governing your use of our website, your purchase and use of any products and services from us, and your participation, if any, in our Trade Program.
Overview
This summary is for convenience only and does not replace the full Terms below, which govern in the event of any conflict.
- These Terms of Sale apply to every order placed on ziatile.com or through our sales team (the "Site").
- Zia Tile products are handmade from natural materials, so color, texture, and size vary tile to tile.
- Once your payment is received, your order is final, subject to a short cancellation window and a narrow exception if we make an error or ship you something defective. You must inspect every delivery and report any shortage, damage, wrong item, or defect within 48 hours of delivery, regardless of who is at fault. Special-order and custom tile can never be canceled once production begins.
- We offer a Trade Program for designers, architects, contractors, and installers with its own perks and, potentially, additional terms.
- You'll need a customer account to place most orders, and you're responsible for keeping it secure.
- Like most sellers, we disclaim warranties beyond what the law requires and limit our liability for claims related to the products or Site (see Sections 15–16 below).
- We resolve disputes through individual arbitration rather than court or class actions. Consumers arbitrate under JAMS' consumer-protective rules; trade and business customers arbitrate under JAMS' streamlined commercial rules. You have the right to opt out of arbitration if you act quickly (see Section 23).
1. Definitions
- "Site" means ziatile.com and any other website, application, or online storefront operated by Company that links to these Terms.
- "Products" means all tile, stone, and related materials and accessories offered for sale on the Site.
- "Order" means any offer to purchase Products submitted through the Site or through Company's sales team.
- "Consumer" means an individual who purchases Products primarily for personal, family, or household use.
- "Trade Customer" means any purchaser who is not a Consumer, including anyone purchasing primarily for commercial, business, trade, resale, or professional use, and anyone enrolled in, or who purchases through, the Trade Program (defined in Section 11).
- "You" / "your" means the individual or entity placing an Order or otherwise using the Site.
- "Terms" means these Terms of Sale, together with any Trade Program Agreement, order confirmation, or other document these Terms expressly incorporate.
2. Acceptance of Terms; Eligibility; Privacy Policy
By creating an account, placing an Order, or otherwise using the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site or place an Order. You represent that you are at least 18 years old (or the age of majority in your jurisdiction) and have the legal capacity to enter into these Terms. If you are placing an Order on behalf of a company or other entity, you represent that you are authorized to bind that entity, and "you" refers to that entity as well as you individually.
These Terms address the sale of Products and use of the Site's commerce features only. Our separate Privacy Policy, available at ziatile.com/pages/privacy-policy, governs how we collect and use personal information and is incorporated into these Terms by reference for that purpose.
3. Customer Accounts
You will be required to create a customer account to place an Order, track shipments, or access Trade Program features. You agree to: (a) provide accurate, current, and complete information when creating your account and keep it up to date; (b) maintain the confidentiality of your login credentials; (c) be responsible for all activity that occurs under your account, whether or not authorized by you; and (d) notify us promptly at info@ziatile.com of any unauthorized use of your account. We may suspend or terminate your account at our discretion, including for suspected fraud, abuse, non-payment, or violation of these Terms.
4. Products; Natural Variation in Handmade Materials
All Zia Tile products are handmade, and inherent variation from tile to tile—in color, glaze, texture, size, and finish—is a natural characteristic of the product, not a defect. This variation is part of what makes handmade cement tile, Moroccan zellige, cotto, ceramic, and natural stone products beautiful, and it affects how each installation wears and ages over time. You are responsible for understanding, and for ensuring your installer understands, the applicable installation instructions and sealing requirements for your Products before installation. Zia Tile is happy to advise on installation and sealing, but makes no guarantee regarding the performance, appearance, or durability of any Product after installation, except as expressly stated in Section 15.
5. Orders, Pricing, and Payment
Full payment is due at the time an Order is placed. We process payments online only; we do not accept payment by phone. If you are unable to complete payment on the Site, contact us at info@ziatile.com or 310-844-1170 and we will provide a custom invoice. Prices, availability, and lead times are subject to change without notice until an Order is confirmed. Any change you request to an existing Order (including changes to products, shipping method, or shipping date) may result in additional charges, which will be communicated to you at the time of the change.
You are solely responsible for providing accurate measurements and quantities. We strongly recommend ordering at least 15–20% more tile than your calculated need to account for cuts, waste, and future repairs; our site's automated overage calculation reflects this recommendation but does not replace your (or your installer's) own verification. If you underorder, we cannot guarantee additional stock will be available, and reorders may be subject to a new lead time. Because our Products are handmade from natural materials, any Products you reorder may vary in color, tone, and texture from your original Order, as described in Section 4, and we recommend ordering sufficient quantity from a single Order to avoid such variation.
6. Taxes
Sales tax is estimated at checkout and finalized at the time payment is processed. Unless otherwise stated, prices displayed on the Site are exclusive of all applicable taxes, and you are responsible for all sales, use, value-added (VAT), goods-and-services (GST), excise, and other similar transaction taxes, duties, and levies arising from your Order, other than taxes on Company's net income. Company will collect and remit only those taxes it is legally required to collect in the applicable jurisdiction; where Company does not collect a tax that is nonetheless due (including use tax on untaxed purchases and any VAT, GST, import, or other taxes assessed in the destination country as described in Section 19), you are solely responsible for self-assessing, reporting, and remitting that tax to the appropriate authority.
Trade Customers claiming a sales-tax exemption must provide a valid resale or exemption certificate before the exemption will be applied; Company may require re-certification periodically and reserves the right to charge applicable tax retroactively if a certificate is later found invalid.
7. Shipping, Delivery, and Risk of Loss
We ship throughout the U.S., Canada, and internationally upon request, primarily via LTL (less-than-truckload) freight carriers for curbside delivery on pallets. The carrier will contact you to schedule a delivery appointment; you are responsible for having adequate labor on-site to unload pallets (each box weighs 35–55 lbs) and for having someone present to sign for delivery.
At delivery, you must inspect your shipment against the packing slip and note any shortage or damage directly on the carrier's Bill of Lading. You must photograph any damage and contact us at info@ziatile.com within 48 hours of delivery to initiate a freight claim. Claims not reported within this window cannot be processed, because U.S. freight carriers will not honor claims made after their 48-hour reporting deadline; after that window, delivery is deemed accepted and no replacement, refund, or claim for transit damage will be available. The same 48-hour inspect-and-report deadline applies to claims that we shipped the wrong or a materially defective Product under Section 9, so you should inspect every delivery promptly and report any shortage, damage, wrong item, or defect within 48 hours, regardless of who may be at fault.
Missed deliveries and delivery refusals may result in carrier-assessed storage and redelivery fees, which are your responsibility and must be paid before redelivery. Title and risk of loss for Products pass to you upon delivery to the carrier for shipment (or, for warehouse pickup, upon pickup), except that we will assist you in pursuing a carrier damage claim as described above.
8. Order Storage
We will store your completed Order free of charge for up to four weeks after it becomes available for shipment. After that period, if delivery is delayed for reasons attributable to you, storage fees of up to 25% of your Order value may apply, dependent on storage space used. If your Order remains unclaimed after six months, we may cancel the Order, restock the Products, and issue you a credit toward a future purchase, less a storage and restocking fee of up to 25%. Contact us before this occurs if you need to make alternate arrangements.
9. Cancellations, Returns, and Refund Policy
General policy — ALL SALES ARE FINAL. Once payment is received, your Order is final. We do not offer refunds, exchanges, or cancellations more than six (6) hours after we receive your Order, because inventory is allocated to your Order at the time it is placed.
Special and custom orders. Special-order and custom-made tile can never be canceled, returned, or exchanged once your Order has been processed, as production may begin immediately and is made specifically for your project.
No returns of shipped tile. We do not accept returns of opened or unopened boxes of tile once they have left our warehouse. We cannot guarantee the condition of Products once outside our control, and we do not resell previously shipped tile — every Order you receive is guaranteed to be new stock.
Exception for our error or a materially defective delivery. Notwithstanding the other provisions in this Section, if we ship you the wrong Product, or a Product that is materially defective through no fault of yours or your installer (excluding the natural variation described in Section 4 and excluding damage covered by the transit-damage claims process in Section 7), we will, at our option, provide a replacement, a partial or full refund, or a credit for the affected quantity, provided you inspect your shipment upon delivery and notify us in writing within 48 hours of delivery, describing the issue and providing photographs on request. Because our Products are handmade and susceptible to damage, you must inspect your Products promptly upon delivery regardless of who may be at fault; issues not reported within this 48-hour window cannot be processed, and this is your exclusive remedy for such an issue.
Refund method. Approved refunds will be issued to your original payment method, less any shipping costs already incurred by Company and any applicable restocking or storage fees described in Section 8, within a commercially reasonable time after approval.
By placing an Order, you acknowledge and accept this Section 9.
10. Installation, Care, and Maintenance
We strongly recommend that every customer engage a qualified, experienced tile installer for planning, measuring, ordering, sealing, and ongoing maintenance. Detailed installation guides and product specification sheets are available in our Resources section. Zia Tile is not responsible for installation workmanship, ongoing care, or any problem arising after you or your installer take possession of the Products, including problems that could have been avoided by following our installation and sealing guidance.
Use only pH-neutral cleaning products; acidic cleaners can permanently stain or etch many of our materials.
11. Trade Program
Company offers a separate Trade Program for interior designers, architects, general contractors, tile installers, and other trade or business purchasers ("Trade Customers"). Program benefits may include a dedicated trade representative, exclusive trade pricing, complimentary samples, early access to new products, order-tracking tools, and quote visibility, as further described at ziatile.com/pages/contact?view=trade, and as may change from time to time.
Enrollment in the Trade Program is subject to Company's approval and may require an application, proof of trade or business status (such as a resale certificate, business license, or professional license), and your agreement to additional or supplemental terms specific to the Trade Program (a "Trade Program Agreement"). If you accept a Trade Program Agreement, it is incorporated into these Terms with respect to your Trade Program purchases, and controls over these Terms solely as to any subject it specifically and expressly addresses. Company may modify, suspend, or terminate the Trade Program, your enrollment, or your trade pricing at any time.
You are a Trade Customer for all purposes under these Terms—including Section 23 (Dispute Resolution and Arbitration Agreement)—if you are enrolled in the Trade Program, hold a trade or business account, purchase Products primarily for resale or in the course of a trade or business, or place an Order billed to a business entity. All other purchasers are Consumers.
12. Intellectual Property
The Site, and all text, graphics, product photography, logos, and other content on it, are owned by Company or its licensors and are protected by copyright, trademark, and other intellectual property laws. "Zia Tile" and our other names, logos, and marks are trademarks of Company. Except as needed to place and manage an Order for your own use, you may not copy, reproduce, distribute, modify, or create derivative works from Site content, or use our marks, without our prior written consent.
13. User Content and Reviews
If you submit reviews, photos, project images, or other content to us or through the Site ("User Content"), you grant Company a worldwide, royalty-free, sublicensable, perpetual license to use, reproduce, display, and distribute that User Content in connection with operating and promoting our business, including in marketing materials, and you represent that you own or have the necessary rights to grant this license. We may remove or decline to post any User Content at our discretion and have no obligation to do so.
14. Prohibited Conduct
You agree not to: (a) use the Site for any unlawful purpose or in violation of these Terms; (b) access or attempt to access non-public areas of the Site or its related systems; (c) use any automated means (bots, scrapers, etc.) to access the Site without our written permission; (d) interfere with or disrupt the Site's operation; (e) misrepresent your identity or affiliation, including to obtain Trade Program benefits you are not entitled to, or resell or share trade pricing with a non-qualifying third party; or (f) reverse-engineer, decompile, or attempt to derive the source code of any Site software.
15. Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE SIGNED WRITING FROM COMPANY, THE PRODUCTS AND SITE ARE PROVIDED "AS IS" AND "WITH ALL FAULTS." COMPANY MAKES NO EXPRESS WARRANTIES, WHETHER WRITTEN OR ORAL, REGARDING THE PRODUCTS OR THE SITE, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. As explained in Section 4, natural variation in handmade materials is not a defect and is not covered by any warranty. Company does not warrant that installation, sealing, or maintenance performed by you or a third-party installer will achieve any particular result.
This disclaimer is given because Company does not provide a written warranty on the Products. If Company separately provides a written warranty for a specific Product, any implied warranty that cannot be validly disclaimed will be limited, to the extent permitted by the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq., and, for California consumers, California Civil Code §§ 1791.1 and 1792.4, to the duration of that written warranty. Some jurisdictions do not permit the exclusion or limitation of implied warranties or certain damages, so some of the above limitations or exclusions may not apply to you; in that case, they apply to the fullest extent permitted by the law of your jurisdiction.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW:
(a) COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE PRODUCTS, THE SITE, OR THESE TERMS — WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE — WILL NOT EXCEED THE AMOUNT YOU PAID TO COMPANY FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.
(b) COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF USE, LOSS OF DATA, OR THE COST OF LABOR, REMOVAL, OR REINSTALLATION OF ANY PRODUCT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
(c) Nothing in these Terms limits liability that cannot lawfully be limited or excluded, including, where applicable, liability for Company's fraud, gross negligence, or willful misconduct, or for death or personal injury caused by Company's negligence.
17. Indemnification
You agree to defend, indemnify, and hold harmless Company, its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or connected with: (a) your access to or use of the Site; (b) your breach of these Terms; (c) your violation of any law or third-party right; or (d) your (or your contractor's) selection, handling, storage, cutting, sealing, or installation of the Products. This obligation survives termination of your account and these Terms.
18. Force Majeure
Company will not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including natural disasters, port congestion or customs delays, carrier disruptions, labor disputes, acts of government, pandemic, or other events of force majeure. Affected obligations will be suspended for the duration of the event.
19. Compliance with Laws; International Orders; Export Control
You are responsible for compliance with all laws applicable to your Order, including any import duties, customs fees, or taxes due in your destination country, which are not included in the price you pay Company. Products may not be exported, re-exported, or shipped, directly or indirectly, in violation of U.S. export control or sanctions laws, including regulations administered by the U.S. Department of Commerce and the U.S. Treasury's Office of Foreign Assets Control, and you represent that you are not located in, or a national or resident of, any country subject to U.S. embargo, and are not on any U.S. government restricted-party list.
20. Electronic Communications; Notices
You consent to receive communications from Company electronically, including by email and through notices posted on the Site, and agree that such communications satisfy any legal requirement that they be in writing. Notices to you will be sent to the email or physical address associated with your account or Order. Notices to Company should be sent as described in Section 25, or, for purposes of Section 23 (Arbitration), as described in Section 23.3.
21. Accessibility
Company is committed to making the Site accessible to all users, including individuals with disabilities, and works toward conformance with the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA. If you experience difficulty accessing any part of the Site or need assistance completing an Order, please contact us at info@ziatile.com and we will work with you to provide the information or service you need.
22. Governing Law
These Terms, and any dispute not subject to arbitration under Section 23, are governed by the laws of the State of California, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act, 9 U.S.C. §§ 1–16 ("FAA"), governs the interpretation, enforceability, and validity of Section 23 (Dispute Resolution and Arbitration Agreement). Subject to Section 23, the state and federal courts located in Los Angeles County, California, have exclusive jurisdiction over any dispute not subject to arbitration, and you consent to personal jurisdiction and venue there.
23. Dispute Resolution and Arbitration Agreement — Please Read Carefully
This Section 23 affects your legal rights, including your right to sue in court, to have a jury trial, and to participate in a class action. Please read it carefully. It contains an opt-out right described in Section 23.11.
23.1 Agreement to Arbitrate
You and Company agree that any dispute, claim, or controversy arising out of or relating to these Terms, your Order, the Products, or the Site (each, a "Dispute") will be resolved by binding, individual arbitration administered by JAMS, rather than in court, except as provided in Section 23.2. This includes Disputes based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and Disputes arising before the date you agreed to these Terms.
23.2 Exceptions to Arbitration
Notwithstanding Section 23.1: (a) either party may bring an individual claim in small claims court if the claim qualifies for that court's jurisdiction, so long as the matter remains in that court and is not removed or appealed to a court of general jurisdiction; (b) either party may seek temporary, preliminary, or permanent injunctive relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property, confidential information, or Section 14 (Prohibited Conduct) rights, pending the outcome of arbitration; and (c) Section 23.10 (public injunctive relief) applies as stated there.
23.3 Informal Resolution First
Before either party files an arbitration demand or a lawsuit for a claim excepted under Section 23.2, that party must first send the other a written Notice of Dispute describing the dispute, the facts giving rise to it, and the specific relief sought, and the parties must attempt in good faith to resolve the Dispute directly for at least 60 days after the Notice of Dispute is received. Your Notice of Dispute must be sent to: Zia Ventures LLC, Attn: Legal Department, 8457 Eastern Avenue, Bell Gardens, CA 90201, with a copy to info@ziatile.com. Company will send its Notice of Dispute to the most recent address or email on file with your account. Compliance with this Section 23.3 is a condition precedent to filing an arbitration demand or lawsuit.
23.4 Consumers—JAMS Consumer Arbitration
If you are a Consumer, the arbitration will be administered by JAMS under the JAMS Comprehensive Arbitration Rules and Procedures then in effect (or, for any Dispute in which no claim or counterclaim exceeds $250,000, the JAMS Streamlined Arbitration Rules and Procedures), in each case as modified by the JAMS Consumer Arbitration Minimum Standards of Procedural Fairness then in effect (collectively, the "Consumer Rules"). Among other protections, under the Consumer Rules then currently in effect: the only fee you must pay to initiate arbitration is $250 (approximately the cost of a court filing fee), with Company responsible for all other JAMS fees, case-management fees, and arbitrator compensation; the arbitration must be reciprocally binding; you retain a reasonable opportunity to participate in selecting a neutral arbitrator; the arbitration's location will not preclude your access to the process; discovery of relevant, non-privileged information is available; and, if you do not prevail, you cannot be required to pay Company's fees and costs to the extent California law applies. A copy of the current JAMS Consumer Arbitration Minimum Standards is available at jamsadr.com/consumer-minimum-standards. The arbitration hearing, if any, will be held in the county where you reside, unless the parties agree to a different location or to a video- or telephone-conference hearing.
23.5 Trade Customers—Streamlined Commercial Arbitration
If you are a Trade Customer, the arbitration will be administered by JAMS under the JAMS Streamlined Arbitration Rules and Procedures then in effect (or, for any Dispute in which any claim or counterclaim exceeds $250,000, the JAMS Comprehensive Arbitration Rules and Procedures), in each case without application of the JAMS Consumer Arbitration Minimum Standards (collectively, the "Commercial Rules"). Under the Commercial Rules, each party pays its pro rata share of JAMS fees and expenses as set forth in JAMS' fee schedule in effect at the time the arbitration commences, unless the arbitrator allocates fees differently in the award. The arbitration will be seated in Los Angeles County, California, before a single arbitrator, unless the parties agree otherwise or the amount in controversy warrants a panel of three arbitrators under the Commercial Rules.
If there is a genuine, good-faith dispute over whether you should be classified as a Consumer or a Trade Customer for purposes of this Section 23, that threshold question will be resolved by the arbitrator under Section 23.6, applying the Consumer Rules to that threshold determination unless and until the arbitrator determines otherwise.
23.6 Arbitrator's Authority; Delegation
The arbitrator, and not any court, has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, revocability, or formation of this Arbitration Agreement, including any claim that all or part of this Arbitration Agreement is void or voidable, and any dispute over the scope of arbitrable issues—except that any dispute about the validity or scope of the Class Action Waiver in Section 23.7 (including whether a Dispute may proceed as a class, collective, or representative action, or as a Mass Filing under Section 23.8) will be resolved by a court of competent jurisdiction, not the arbitrator, and this specific carve-out itself may only be changed by a writing signed by both parties.
23.7 Class Action, Collective Action, and Representative Action Waiver
You and Company each agree that any arbitration, and any court proceeding permitted under this Section 23, will be conducted only on an individual basis and not as a class, collective, consolidated, or representative action of any kind. The arbitrator has no authority to combine or aggregate more than one person's or entity's claims, to preside over any form of a class, collective, or representative proceeding, or to award relief to, or that would affect, anyone who is not an individual party to that arbitration. If a court or arbitrator determines that this Section 23.7 is unenforceable as to a particular claim or request for relief, then only that specific claim or request for relief may be severed and litigated in a court of competent jurisdiction (with the case stayed as to all other claims pending arbitration of those claims), and the remainder of this Arbitration Agreement, including individual arbitration of all other Disputes, will still be enforced.
23.8 Mass Filings
If 10 or more demands for arbitration of a substantially similar nature are asserted against Company (or a related party) with JAMS by or on behalf of individual claimants represented by the same law firm(s), or by law firms acting in coordination, within a similar time period (a "Mass Filing"), the parties agree that the JAMS Mass Arbitration Procedures and Guidelines, as in effect at the time of filing (or any successor JAMS rules governing the administration of coordinated, multiple, similar arbitration demands), will govern the administration, sequencing, and fee allocation of that Mass Filing in place of the Consumer Rules or Commercial Rules described in Sections 23.4–23.5 to the extent of any conflict, including any process for administrative or threshold review, and any batching or grouping of claims, undertaken by a neutral Process Administrator appointed under those Procedures. Nothing in this Section 23.8 alters, limits, or is severable from the Class Action Waiver in Section 23.7.
23.9 Arbitration Fees; Timely Payment
Fees will be allocated as described in Sections 23.4, 23.5, and 23.8, as applicable. Company will pay all filing, administrative, and arbitrator fees and costs it is required to pay under the applicable Rules and this Arbitration Agreement within the time required by those Rules and by any statute governing the timing of such payments, including California Code of Civil Procedure §§ 1281.97–1281.99, to the extent applicable to a given Dispute. If Company fails to timely pay such fees and is found in material breach of this Arbitration Agreement as a result, you may exercise any remedy available to you under applicable law, including withdrawing the affected claim from arbitration and proceeding in court, and Company will not oppose that remedy to the extent required by law.
23.10 Public Injunctive Relief
Nothing in this Section 23 waives, limits, or otherwise restricts any right you may have under applicable law to seek public injunctive relief (that is, injunctive relief with the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public) in any forum. If a court determines that any part of this Arbitration Agreement improperly restricts your ability to seek such relief, then: (a) that specific claim for public injunctive relief, and only that claim, may proceed in the state or federal courts located in Los Angeles County, California, or, where applicable law requires, in a court of competent jurisdiction closer to your residence; (b) that claim will be stayed pending the outcome of any arbitrable claims between the parties; and (c) all other Disputes remain subject to arbitration and the Class Action Waiver under this Section 23.
23.11 Your Right to Opt Out
You may opt out of this Arbitration Agreement (including the Class Action Waiver) by sending written notice to Company at info@ziatile.com or Zia Ventures LLC, Attn: Legal Department, 8457 Eastern Avenue, Bell Gardens, CA 90201, within 30 days of the date you first became subject to this version of the Terms (for example, the date of your first Order or account creation after this Effective Date). Your notice must include your name, the email address and/or account associated with your Order(s), and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor Company will be required to arbitrate Disputes under this version of the Terms, but all other provisions of these Terms, including Section 22 (Governing Law), will remain in effect. Opting out of this version of the Terms does not opt you out of any arbitration agreement in a prior or future version of the Terms unless you separately opt out of that version in the same manner.
23.12 Severability of this Arbitration Agreement
If any provision of this Section 23, other than the Class Action Waiver in Section 23.7 (which is addressed by its own severance terms), is found unenforceable, that provision will be severed, and the remainder of this Arbitration Agreement will be enforced.
23.13 Survival
This Section 23 survives termination of your account, these Terms, and your relationship with Company.
23.14 Waiver of Jury Trial
To the extent any Dispute is permitted to or does proceed in court rather than arbitration for any reason, you and Company each irrevocably waive any right to a jury trial in connection with that Dispute, to the fullest extent permitted by law.
24. General Provisions
Entire Agreement. These Terms, together with any Order confirmation and any Trade Program Agreement, constitute the entire agreement between you and Company regarding your use of the Site and purchase of Products, and supersede all prior or contemporaneous agreements on that subject.
Modifications. We may update these Terms from time to time by posting a revised version with a new Effective Date. Changes apply prospectively to Orders placed after the new Effective Date. If we materially change Section 23 (Dispute Resolution and Arbitration Agreement), we will provide at least 30 days' advance notice by email or a prominent Site notice, and you will have a new opportunity to opt out of the revised arbitration terms as described in Section 23.11; continued use of the Site after that notice period constitutes acceptance of the revised Section 23 unless you timely opt out.
Assignment. You may not assign or transfer these Terms without our prior written consent. Company may assign these Terms, including in connection with a merger, acquisition, or sale of assets, without your consent.
Severability. If any provision of these Terms (other than as specified in Section 23) is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be so modified, and the remaining provisions will remain in full force.
No Waiver. Company's failure to enforce any provision of these Terms is not a waiver of its right to do so later.
Relationship of the Parties. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Company.
Headings; Language. Headings are for convenience only. These Terms are drafted in English; any translation is for convenience only, and the English version controls in the event of any conflict.
25. Contact Us
Zia Ventures LLC d/b/a Zia Tile
8457 Eastern Avenue, Bell Gardens, CA 90201
Email: info@ziatile.com | Phone: 310-844-1170