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Z’s Terms of Use
Last Updated on September 23, 2021
PLEASE READ THESE TERMS OF USE CAREFULLY AS YOUR ACCESS AND USE OF Z’S SITES CONSTITUTES AGREEMENT TO ALL OF Z’S TERMS, CONDITIONS AND NOTICES CONTAINED OR REFERENCED HEREIN.
Who We Are
ZsCottonConfections.com and its related websites and social media platforms (collectively, the “Sites”) are operated by Z’s Cotton Confections, LLC (“Z’s,” “we,” or “us”). We’re glad you’re here. These terms of use (as amended or modified, the “Terms,” “Terms of Use” or “Agreement”) apply to all of our Sites and merchandising channels (together, the “Services”). We hope you’ll take a few minutes to familiarize yourself with these Terms, because they reflect our understanding of how our Sites operate, what you can expect from us and what we expect from you. If there’s anything you don’t understand, please ask us, by sending us an email so you can connect with a real person at Z’s.
PLEASE BE AWARE THAT THESE TERMS OF USE CONTAIN A BINDING CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A JURY TRIAL.
These Terms of Use
This is a legally binding agreement between you and Z’s. These Terms of Use and our Privacy Policy make up our online and merchandising policies and apply to all of our Sites. Each time you access the Sites or Services, you are agreeing to these Terms. If you do not wish to be bound by these Terms of Use, you may not access or use the Sites or Services.
Note: You must be 18 years or older and the age of majority in your place of residence to use, subscribe or register as a member of our Sites and/or Services.
THESE TERMS OF USE ALSO APPLY TO ALL OF Z’S MERCHANDISING CHANNELS INCLUDING, BUT NOT LIMITED TO, THE INTERNET, TELEPHONE, CATALOG, RADIO, TELEVISION, MOBILE DEVICE, SOCIAL MEDIA, IN-PERSON SALES, AND PARTICIPATING RETAIL OUTLETS. BY ACCESSING ANY OF Z’S SITES, MERCHANDISING CHANNELS OR ANY AREAS OF THE SERVICES, YOU AGREE TO BE LEGALLY BOUND, AND TO ABIDE, BY THESE TERMS OF USE.
Modifications to Terms of Use
As we learn and grow, we update our Terms, so please check back often. These Terms of Use were last updated on or around the date provided above. We reserve the right to make changes to any Terms at any time; however, Z’s will provide notification to you in advance of substantive changes becoming effective, such as by posting a notification on the Sites or by email. If you continue to access and use the Sites, including any of our products and Services, after the effective date of such changes, then such access and use will be deemed an acceptance of and an agreement to follow and be bound by the Terms as changed or modified. The revised Terms supersede all previous notices or statements regarding the Sites. For this reason, we encourage you to review these Terms any time you access or use the Sites and recommend that you print a copy for your records. Upon our request, you agree to accept or sign a non-electronic version of these Terms of Use and any other policies or agreements set forth or available on or through the Sites.
Eligibility
You are one of Z’s many visitors, customers or members who enjoy the finest quality of hand-crafted cotton confections and exemplary customer service. Our Sites are not intended for people under the age of 18.
You affirm that you are 18 years of age or older, or an emancipated minor, or over the age of 13 and possess parental or legal guardian consent to use the Sites and/or register for Membership. You further affirm that you are fully able and competent to enter into the Terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement, and that if you are under the age of 13, your parent or legal guardian has read and accepted this Agreement and all of the Terms herein on your behalf and theirs.
Although we cannot absolutely control whether minors gain unauthorized access to our Sites, your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age.
Z’s may change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Sites is revoked in such jurisdictions.
Information We Provide
We endeavor to make our Sites a place you feel safe coming to, and while we cannot guarantee every statement on our Sites is error-free or accurately communicated, we do work hard to make sure the information we provide is thorough and accurate. Our goal is to keep you informed about our products and your shopping experience. Always keep in mind that health and nutritional information is general in nature and is not a substitute for actual medical or professional advice. Always consult a certified medical or health professional about information you find on our Sites that you believe affects you, or before you embark on any diet, exercise, purchase, or lifestyle change. We may also provide information about products available in our stores or online. Because our labels and packaging may change before we can update our Sites, we provide this information as a guideline only. Always look critically at any information presented to you and always read current labels, warnings and directions before using or consuming a product.
We also may provide you with links to other sites. While we do make efforts to ensure the links we provide you are accurate and informational, we don’t have control over the information contained on those sites, so we don’t (and can’t) guarantee the quality of information or any other statements made on those sites. When you click on a link that takes you away from our Sites, you are leaving the Z’s online environment and you are no longer subject to these Terms. Please read the terms of the Sites you visit – they impact you – you should know and understand what they say. And, if you have questions regarding any of our Terms, please email us. We’d be happy to answer any questions you may have to the best of our ability. Remember, here at Z’s, we genuinely care and want each and every one of our customers to take a bite out of our Cotton Confections and love everything we do about it – including answering questions. So, if you’re confused or have a question, reach out!
From time to time, we might offer special programs through our Sites. While all of Z’s programs and Services are subject to and operated pursuant to these Terms, some of Z’s special programs are operated by certain additional terms that are specific to the program. We also work with third parties from time to time (“Vendors”) to offer you additional savings and information or send you customer surveys. Because Vendors with whom we work are not part of the Z’s company, we do not control or warrant their services. In addition, we may discontinue our relationship with a specific Vendor at any time. Please check with the Vendor’s sites directly for their terms of use (they’re like a nose, everyone has one).
Navigating our Sites
Our Sites may be accessed without registering with us. A “Visitor” is someone who is browsing through our Sites. A “Member” is someone who has registered with our Sites. Among other benefits, Members may be able to share reviews on our Sites, access special content and receive email offers from us. You may also be required to register as a Member to participate in special promotions we offer, including rewards programs, contests and sweepstakes. To learn how we manage your personal information online, please see our Privacy Statement posted at Z’S PRIVACY POLICY. Valid and accurate completion of the registration process leads to “Membership.” Visitors and Members are referred to collectively as “Users.”
Give careful thought to the information you post about yourself in your profile on our Sites and that you choose to share with other Users. Certain information may never be included in your Member profile, specifically telephone numbers and street addresses.
We do not provide Internet, phone or text messaging access. You are solely responsible for any fees associated with your Internet connection, phone or text messaging.
We reserve the right to interrupt the Sites with or without prior notice for any reason or no reason. You agree that we will not be liable for any interruption of the Sites, delay or failure to perform, and you understand that except as may be otherwise specifically provided for in this Agreement you shall not be entitled to any refunds of fees for interruption of service or failure to perform. We have the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Sites as Z’s sees fit in its sole discretion.
Members and Registration Information
In order to access certain products or Services (such as receiving our online newsletter, posting product reviews, or streamlining your purchase experience), you may be prompted to provide personal information that allows us to know who you are, such as your name, residence city, state, country, and email address, among other things, (collectively, “Registration Information”). By using our Sites, you represent and warrant that: (a) all Registration Information you submit is truthful, accurate, current, and complete; (b) you will maintain the accuracy of such Registration Information by updating and revising it promptly; and (c) your use of our Sites does not violate any applicable law or regulation.
You authorize us to make any inquiries, either directly or through third parties, that we consider necessary to validate your Registration Information. We reserve all rights to take legal action against anyone who misrepresents personal information or is otherwise untruthful about their identity, and to suspend or cancel Memberships established using inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that we cannot guarantee the accuracy of any information submitted by any User of the Sites, nor any identity information about any User.
Members may be asked to enter a screen name (“User Name”). You may select any User Name so long as, in our discretion, your choice of User Name does not cause deception or confusion; nor violates any trademark right, copyright or other proprietary right; or a name which we (in our sole discretion) deem to be vulgar or offensive. We reserve the right to delete or change any User Name at our discretion. You are fully responsible for all activities conducted through your Membership or under your User Name.
You may also be asked to choose a password. You are entirely responsible for maintaining the security of your password. You agree not to use another User’s name, email address, address, account, or password at any time, or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use or access to your password. You should never respond to an online request for a password other than in connection with the log-on process on one of our Sites. Your disclosure of your password to any other person is at your own risk. Although we will not be liable for your losses caused by any unauthorized use of your information, you may be liable for our losses or the losses of others as a result of such unauthorized use.
We have the right at any time for any reason or no reason to suspend or terminate your Membership, terminate these Terms, and/or refuse any and all current or future use of the Sites without notice or liability to you.
Non-Commercial Use
Our Sites are for your personal use and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Illegal and/or unauthorized use of the Sites, including collecting User Names, email address and/or any other information of Members by electronic or other means for the purpose of sending unsolicited messages or unauthorized framing of or linking to the Sites is prohibited. Commercial advertisements, affiliate links, spam, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of your access to the Sites or any portion thereof or termination of your Membership. Appropriate legal action may be taken for any illegal or unauthorized use of the Sites.
Content
Please play nice with your and other people’s information.
Access to Content
You acknowledge that: (i) by using the Sites you may have access to pictures, digital images, graphics, music, video, audio, text, and other creative output (collectively, “Content”), and (ii) this Content may be provided under license by independent content providers, including contributions from other Users (all such independent content providers are “Content Providers”). Z’s does not pre-screen Content, but we may respond to being alerted to objectionable Content by removing such content at our sole discretion, or pursuant to the Digital Millennium Copyright Act, as outlined in this Terms of Use.
You acknowledge that Z’s, Users and other Content Providers have rights in their respective Content under copyright and other applicable laws, and that except as described in this Agreement, such rights are not licensed or otherwise transferred by mere use of the Sites. You accept full responsibility and liability for your use of any Content in violation of any such rights. You also acknowledge that Z’s is not responsible for any misuse of Content you upload to our Sites by third parties.
Ownership of Content; License
You retain copyright and other intellectual property rights with respect to your own Content (such as product reviews), to the extent that you have such rights under applicable law. However, you must make certain representations and warranties, and provide certain license rights, forbearances and indemnification to Z’s and to other Users of our Sites.
Notwithstanding the foregoing, you understand and agree that by submitting your Content to any area of the Sites, you automatically grant (and you represent and warrant that you have the right to grant) to Z’s: (a) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to (i) use, reproduce and distribute your Content within the Sites as permitted by you through your interactions on and through the Sites and (ii) use and reproduce (and to authorize third parties to use and reproduce) any of your Content in any or all media for marketing, promotional and/or other purposes in connection with the Sites, provided that in the event that your Content appears publicly in material under the control of Z’s, and you provide written notice to Z’s of your desire to discontinue the distribution of such Content in such material (with sufficient specificity to allow Z’s, in its sole discretion, to identify the relevant Content and materials), Z’s will make commercially reasonable efforts to cease its distribution of such Content following the receipt of such notice, although Z’s cannot provide any assurances regarding materials produced or distributed prior to the receipt of such notice; (b) the perpetual and irrevocable right to edit or delete any or all of your Content from Z’s servers and from the Sites, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party; and (c) a royalty-free, fully paid-up, perpetual, irrevocable, non-exclusive right and license to copy, analyze and use any of your Content as Z’s may deem necessary or desirable for purposes of debugging, testing and/or providing support services in connection with the Sites. Further, you agree to grant to Z’s a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive, sublicensable right and license to exercise the copyright, publicity and database rights you have in your Membership information or Content, including any data or other information generated by your Membership activity, in any media now known or not currently known, in accordance with our Privacy Policy.
What you upload is yours, so take care of it. You further understand and agree that: (i) you are solely responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your Content hereunder; (ii) you are solely responsible for, and Z’s will have no liability in connection with, the legal consequences of any actions or failures to act on your part while using the Sites, including without limitation any legal consequences relating to your intellectual property rights; and (iii) Z’s acknowledgement hereunder of your intellectual property rights in your Content does not constitute a legal opinion or legal advice, but is intended solely as an expression of Z’s intention not to require users of the Sites to forego certain intellectual property rights with respect to Content they upload, subject to the terms of this Agreement.
Of course, we own some things too. In addition to all digital images, text, layout, look-and-feel, trademarks, and other intellectual property uploaded and/or used on the Sites that is not uploaded by Members, you agree that even though you may retain certain copyright or other intellectual property rights with respect to your own Content, you do not own the Membership you use to access the Sites, nor do you own any data Z’s stores on Z’s servers (including without limitation any data representing or embodying any or all of your Content). Your intellectual property rights do not confer any rights of access to the Sites or any rights to data stored by or on behalf of Z’s.
Your Use of Content
Content available through the Sites is provided to you “AS-IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Sites and Content.
You may access User Content solely:
Users have the opportunity to provide comments or product reviews on the Sites (“Comments”), and these Comments are made available to you for your information and personal use solely as intended through the normal functionality of our Sites. Comments are made available “as-is,” and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of our Sites or otherwise as prohibited under this Agreement.
The opinions expressed in the Comments reflect solely the opinion(s) of their authors and do not necessarily reflect the opinion(s) of Z’s. We are not responsible for any errors or omissions in Comments, articles or postings, for hyperlinks embedded in Comments or for any results obtained from the use of any such statements or information. Under no circumstances will Z’s or our affiliates, suppliers, Vendors, or agents be liable for any loss or damage caused by your reliance on the Comments or on any information or materials obtained through the Sites. We have no obligation to monitor the Sites, the Content, any Comments or other materials that you or other third persons transmit or post on the Sites.
You are solely responsible for your own Content and Comments and the consequences of posting or publishing them.
None of your Content or Comments will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Content or Comments. You must not transmit information to or through the Sites that you consider to be confidential or proprietary, and any Submissions shall be deemed non-confidential. You are responsible and liable for any Content or Comments you submit.
We may store Content and Comments indefinitely or for any shorter time period we wish in our sole discretion. We have no obligation to store Content or Comments or make them available to you in the future and Content and Comments may be destroyed without your permission with no liability to Z’s or its Vendors for doing so.
You may access Z’s Content, User Content and other Content only as permitted under this Agreement. We reserve all rights not expressly granted in and to the Content and the Sites.
You agree to not engage in the use, copying or distribution of any of the Content other than as expressly permitted herein, including any use, copying or distribution for any commercial purposes of third party User Content obtained through the Sites, and that you will hold harmless Z’s for any third party use, copying or distribution of and of the Content you upload.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Sites or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Sites or the Content therein.
You understand that when using the Sites, you will be exposed to User Content from a variety of sources, and that Z’s is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Z’s with respect thereto, and agree to indemnify and hold Z’s, its owners, managers, members, shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, Vendors, and distributors harmless to the fullest extent allowed by law regarding all matters related to your use of the Sites.
Rules of Conduct
You are free to use and enjoy the Sites for your non-commercial benefit, but you may not engage in behavior that could undermine the stability or security of the Sites, subject us to legal liability, do anything that would compromise the trust we have with our customers, or use our Sites for anything but their intended purposes, namely, getting to know and purchasing our products.
In cases where we allow community forums, we ask that you use your company manners when sharing information with others, and not harass, defame, use inflammatory or objectionable language, or engage in inappropriate activity while on the Sites. The same is true for any images you might upload to our Sites, where we allow them: please make certain those images are ones you own, are not offensive or inflammatory, and do not infringe the rights of others. While we do not generally review Content that our customers share with each other, we may in our sole discretion remove community discussions or other customer Content if we have been alerted that Content is offensive or not up to our standards. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates any of these Terms, including without limitation, removing the offending communication from the Sites and terminating the Membership of such violators.
In addition, you agree that you shall not:
You agree that Z’s may take whatever steps it deems necessary to abridge, or prevent behavior of any sort on the Sites in its sole discretion, without notice to you.
We reserve the right, at our discretion, to modify, suspend or discontinue the Sites, the Materials, or any part thereof with or without notice. You agree that Z’s will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, your access to the Site, Comments, Content, or the Materials.
Intellectual Property
All right, title and interest in and to the information and materials provided on or through the Sites, including without limitation, any text, graphics, logos, buttons, icons, images, product information, photographs, audio and video material, or stills from audiovisual material, Side Code, upgrades for use on the Sites, and other content, features and services (collectively, the “Materials”) are the property of Z’s, or the property of a third party that has licensed its content to Z’s. “Site Code” means any and all underlying elements of the Sites, including without limitation source code, scripts, object code, software, computer programs, and other sets of statements or instructions contained in or underlying the Sites.
You may enjoy the materials on the Sites and use them for your personal enjoyment and in the non-commercial manner for which they were intended. Except as expressly set forth in the Terms, you may not modify, reproduce, reverse engineer, frame, distribute, scrape, transmit, license or sublicense, publicly display, copy, or sell in any form or by any means, in whole or in part, any Materials without the express written consent of Z’s. You also agree not to circumvent, disable or otherwise interfere with security-related features of the Sites or features that prevent or restrict use or copying of any Content or Materials or enforce limitations on use of the Sites or the Content therein. All rights not expressly granted are reserved.
Our Z’s family of trademarks, copyrights, intellectual property, and trade dress whether officially or formally registered or not, including but not limited to those marks listed below, may not be used in connection with any product or service that is not part of, or authorized by, Z’s:
You agree you will not distribute, publish, transmit, modify, display, or create derivative works from or exploit the contents of our Sites in any way. You agree to indemnify, defend and hold harmless Z’s for any and all unauthorized uses you may make of any material on our Sites or Z’s trademarks, copyrights, intellectual property, and trade dress, including but not limited to those marks listed above.
ALL TEXTUAL GRAPHICAL AND OTHER CONTENT APPEARING ON THE SITES ARE THE PROPERTY OF Z’S OR IN SOME CASES THE PROPERTY OF OTHERS FROM WHOM Z’S HAS SECURED PERMISSION.
Rewards & Loyalty Programs
From time to time, Z’s offers rewards and loyalty programs (“Loyalty Programs”) under various names to our customers, Members, visitors and users. In addition to the terms and conditions set forth in the Terms of Use, these Loyalty Programs may be subject to their own specific and additional terms and conditions displayed on the applicable marketing materials or when you sign-up for such Loyalty Programs. Please be sure you have read and understand all of the terms and conditions of the Loyalty Programs before you purchase any of the products or services offered in association with these Loyalty Programs.
Coupons, Sales, Promotions, and Special Offers
We provide various promotional offers from time to time on our Sites, handed out in person, with a purchase, or via email. Some offers may be informational and found only on our Sites. Coupons or promo codes may be printed or may be downloaded. We ask that you review the guidelines associated with each special offer, promotional offer, promo code, or coupon, as they will differ. In the event we have inadvertently made a typographical error on any coupon, promo code, promotional offer, or special offer, we reserve the right to suspend redemption or terminate altogether the coupon, promo code or offer. Please be advised that all special offers, promotional offers, coupons, and promo codes are subject to change and termination at our sole discretion. Please be further advised that unless otherwise noted in the coupon or offer, all coupons, promo codes and offers are for adults who are 18 and the age of majority in their state.
We may also offer our Visitors and/or Members the opportunity to participate in contests and sweepstakes. In each case, please check the rules associated with the particular promotion to determine your eligibility and to review any privacy concerns you may have.
Disclaimers and Limitation of Liability
EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH TO THE CONTRARY HEREIN, AND TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND SITES IS AT YOUR SOLE RISK. NEITHER Z’S, NOR ITS AFFILIATES, NOR ANY OF ITS MEMBERS, OWNERS, OFFICERS, DIRECTORS, OR EMPLOYEES, AGENTS, THIRD-PARTY SERVICE OR CONTENT PROVIDERS (“PROVIDERS”), VENDORS, MERCHANTS ("MERCHANTS"), SPONSORS (“SPONSORS”), LICENSORS (“LICENSORS”), OR THE LIKE (COLLECTIVELY, “ASSOCIATES”), WARRANT THAT THE SERVICES AND USAGE OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR SITES, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICES AND/OR SITES; EXCEPT THAT Z’S DOES GUARANTEE (THROUGH ITS “100% SATISFACTION GUARANTEE”) THAT OUR COTTON CONFECTIONS PRODUCTS WILL BE WHOLESOME AND FREE OF SUBSTANTIAL DEFECTS, AND IF THEY ARE NOT, Z’S SOLE MAXIMUM LIABILITY WILL BE, WITHIN ITS SOLE DISCRETION, NOT MORE THAN TO EITHER REFUND THE ACTUAL PURCHASE PRICE PAID BY THE CUSTOMER, OR TO REPLACE AND DELIVER AN EQUIVALENT COTTON CONFECTIONS PRODUCT AS SOON AS REASONABLY PRACTICABLE.
EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH TO THE CONTRARY HEREIN, THE SERVICES ARE PROVIDED ON AN “AS-IS,” “AS AVAILABLE” BASIS AND Z’S SPECIFICALLY DISCLAIMS WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN OR ELECTRONICALLY DELIVERED INFORMATION GIVEN BY Z’S OR ITS AFFILIATES, OR ANY OF ITS OWNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, VENDORS, SPONSORS, LICENSORS, OR THE LIKE, SHALL CREATE ANY WARRANTY WHATSOEVER.
EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL Z’S, ITS AFFILIATES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, MANUFACTURING, DISTRIBUTING, MARKETING, OR SELLING THE SERVICES, PRODUCTS, COTTON CONFECTIONS OR THE SITES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SERVICES OR THE SITES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE COMPANY'S RECORDS, PROGRAMS, OR SERVICES.
UNLESS OTHERWISE SPECIFICALLY SET FORTH TO THE CONTRARY HEREIN, AND TO THE FULLEST EXTENT PERMITTED BY LAW, ALL PRICES AND DISCOUNTS FOR ANY AND ALL PRODUCTS OR SERVICES OFFERED FOR SALE (“OFFERS”) ARE EXCLUSIVE OF APPLICABLE SERVICE AND SHIPPING CHARGES AND FEDERAL, STATE AND LOCAL TAXES. PRODUCTS AND OFFERS MAY VARY AND ARE SUBJECT TO AVAILABILITY, DELIVERY RULES AND TIMES. OFFERS CANNOT BE COMBINED, ARE NOT AVAILABLE ON ALL PRODUCTS AND SERVICES AND ARE SUBJECT TO RESTRICTIONS, LIMITATIONS AND BLACKOUT PERIODS. PROMOTIONAL OFFERS ARE LIMITED TO ONE PER CUSTOMER ORDER, ARE NON-TRANSFERABLE, ARE NOT FOR RESALE AND MAY NOT BE REDEEMED FOR CASH. PRICES AND CHARGES ARE SUBJECT TO CHANGE WITHOUT NOTICE.
Z’S RESERVES THE RIGHT, WITHIN ITS SOLE DISCRETION, TO REFUSE TO ACCEPT AND PROCESS ANY AND ALL CUSTOMER ORDERS AND TO SUSPEND, DISCONTINUE AND REFUSE THE USE OR ACCEPTANCE OF ANY AND ALL OFFERS, PROMOTIONS, DISCOUNTS, INCLUDING BUT NOT LIMITED TO, ANY AND ALL SAVINGS PASSES, LOYALTY PROGRAMS, REWARDS, APPRECIATION AWARDS, GIFT CARDS, GIFT CERTIFICATES, AND ANY AND ALL OTHER SIMILAR DEVICES AND PROMOTIONAL OFFERS OR CAMPAIGNS (COLLECTIVELY, “PROMOS”) IN THE EVENT OF ADVERTISING ERRORS AND/OR THE ACTUAL OR SUSPECTED MISUSE, FRAUD OR ABUSE ASSOCIATED WITH SAID PROMOS OR CUSTOMER ORDERS.
YOU HEREBY ACKNOWLEDGE THAT THIS SECTION SHALL APPLY TO ALL SERVICES, INCLUDING, WITHOUT LIMITATION, PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH ALL PROMOTIONAL CHANNELS OF THE COMPANY'S SERVICES AND THAT OF ITS AFFILIATES INCLUDING, BUT NOT LIMITED TO, THE SITES, THE INTERNET, TELEPHONE, CATALOG, RADIO, TELEVISION, MOBILE DEVICE, SOCIAL MEDIA PLATFORM AND PARTICIPATING RETAIL STORES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Indemnity
Except as otherwise specifically set forth to the contrary herein, and to the fullest extent permitted by law, you agree to indemnify, defend and hold harmless Z’s and any of its respective owners, members, officers, directors, employees or agents, from and against any and all liability, claims, costs and expenses (including, without limitation, reasonable legal fees and expenses), brought by any third party alleging, arising, related or resulting from (i) your use (or use by any third party using your account) of the Services and/or the Sites, including in violation or breach of the Terms of Use, (ii) your Content, (iii) your violation of any rights of a third party, or (iv) your violation of any applicable law, rule or regulation. This indemnification obligation will continue after you stop using the Services and/or the Sites. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim or matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any claim or matter without our prior written consent.
Privacy Policy
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so (see Z’S PRIVACY POLICY).
Severability
If any term or other provision of these Terms of Use are deemed by a final court of competent jurisdiction to be invalid, illegal or incapable of being enforced by any rule of law, or public policy, all other terms, conditions and provisions of these Terms of Use shall nevertheless remain in full force and effect to the maximum extent permitted by law. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the court shall modify only the affected term, condition or provision to effect Z’s original intent as closely as possible so that the contemplated transactions are fulfilled and Z’s is protected to the greatest extent possible.
Digital Millennium Copyright Act.
Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe in good faith that a Member has infringed your copyright(s), you can request that we take down the infringing material(s) by following the steps in this DMCA compliance process. Please note that we do not make any legal decisions about the validity of your claim.
When a clear and valid Notice is received pursuant to the guidelines set forth below, we will respond by either taking down the allegedly infringing content (“Allegedly Infringing Content”) or blocking access to it. We may contact the Notice provider to request additional information. Under the DMCA, we are required to take reasonable steps to notify the entity who posted the Allegedly Infringing Content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send us a counter-notification as instructed below (“Counter-Notice”). On receiving a Counter-Notice, we may restore the Allegedly Infringing Content unless we receive notice from the original Notice provider that a legal action has been filed seeking a court order to restrain the Alleged Infringer from engaging in the allegedly infringing activity.
Notices and Counter-Notices are legal notices distinct from regular Sites activities or communications. As such, they are not subject to our Privacy Policy. This means we may publish or share them with third parties at our discretion, and we may produce them pursuant to a legal discovery request or court order.
Anyone making a false or fraudulent Notice or Counter-Notice may be liable for damages under the DMCA, including costs and attorney’s fees. If you are unsure of whether certain material infringes your copyright, contact an attorney.
Filing a DMCA Notice
Please don’t abuse this system, but if you truly believe your work has been infringed, you should file a DMCA notice. To file a DMCA Notice with Z’s, you must send us a written letter by regular mail only (not by email, except by prior agreement). We reserve the right to ignore a Notice that is not in compliance with the DMCA.
Your Notice must:
DMCA Designated Agent
Z’s Cotton Confections, LLC
125 Rickey Blvd.
P.O. Box 1264
Bear, Delaware 19701
Filing a Counter-Notice
If your material has been removed or blocked by us as a result of a DMCA Notice, you may send us a Counter-Notice pursuant to Sections 512(g)(2) and (3) of the DMCA asking for the Allegedly Infringing Material to be restored. To file a DMCA Counter-Notice with us, you must send us a written letter by regular mail only (not by email, except by prior agreement).
When we receive the Counter-Notice, we will send a copy of the Counter-Notice to the party who originally requested the removal of the Allegedly Infringing Material and we will reinstate the Allegedly Infringing Material, unless that party obtains a court order supporting removal of the Allegedly Infringing Material. We reserve the right to ignore a Counter-Notice that is not in compliance with the DMCA
Your Counter-Notice must:
DMCA Designated Agent
Z’s Cotton Confections, LLC
125 Rickey Blvd.
P.O. Box 1264
Bear, Delaware 19701
Governing Law, Waiver of Jury Trial and CLASS ACTION WAIVER
The Services and Sites are controlled by Z’s from its offices within the United States of America. Z’s makes no representation that the Services, Sites or the Content is appropriate or available for use in other locations, and access to them from territories where Content is illegal is prohibited. Those persons and entities that choose to access the Services and/or Sites from other locations do so on their own initiative and are responsible for compliance with all applicable local laws and regulations.
You agree that (i) any and all claims, disputes, controversies, actions, or proceedings relating to, or arising out of, the creation, production, manufacture, distribution, promotion, marketing, advertising (including oral and written statements), use of, exploitation, or sale of any and all products and services of Z’s, through all merchandising channels, including, but not limited to, the internet, the Sites, telephone, catalog, radio, television, mobile device, social media platform, and participating retail stores or the Content (collectively referred to as “Claims”), shall be governed by the internal substantive laws of the State of Delaware without regard to its conflict of laws principals, (ii) THERE SHALL BE NO RIGHT TO A JURY TRIAL and (iii) YOUR ALLEGED CLAIM SHALL BE BROUGHT AND/OR PROSECUTED ON AN INDIVIDUAL BASIS ONLY, and you shall not have the right to participate in a representative capacity, or as a member of any class of claimants pertaining to any Claim, and the court shall have no authority to consolidate or join the Claims of other persons or parties who may be similarly situated and may only resolve Claims, and render awards between you and the Company alone. Any Claim you may have must be commenced within one (1) year after such Claim arises. If any part of this provision is deemed invalid, unenforceable or illegal, then same shall be stricken and the balance of this provision shall remain in effect and construed accordingly.
Notice for New Jersey Residents
Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice ACT (“TCCWNA”), N.J.S.A. 56:12-14 et seq., consumers may not be offered any written contract that includes any provision that violates any clearly established legal right of a consumer, or responsibility of a seller, as established by state or federal law. Consequently, and for the avoidance of doubt, no provision in these Terms of Use shall apply to any consumer in New Jersey if the provision violates any such clearly established legal right or responsibility, including, but not limited to, grounds for redress under or in the event of: (i) seller’s tortious actions (e.g., negligence, failure to exercise a basic standard of care, failure to avoid creating an unreasonable risk of harm); (ii) the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1, et seq. (i.e., the statutorily imposed duty to refrain from manufacturing and selling dangerous products, with the possibility of punitive damages for violations thereof); (iii) the New Jersey Punitive Damages Act, N.J.S.A. 2A:15-5.9, et seq. (i.e., the statutory right to pursue punitive damages in the event of harm caused by actual malice, wanton and willful disregard, reckless indifference); (iv) the New Jersey Uniform Commercial Code (i.e., a comprehensive statutory regime governing the rights and duties of buyers and sellers with respect to contracts for the sale of goods, with the possibility of damages for economic and property harm); and (v) seller’s failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft, as regulated by the Federal Trade Commission and the Federal Communications Commission, and as governed by the New Jersey Identity Theft Protection Act, N.J.S.A.56:8-161, et seq., and the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-3, et seq.). In addition, under the TCCWNA, no consumer contract may state that any of its provisions is or may be void, unenforceable or inapplicable in some jurisdictions without specifying which provisions are or are not void, unenforceable or inapplicable in New Jersey. With respect to these Terms of Use, in the section on Limitations of Liability, the provision concerning the exclusion or limitation of certain damages is not applicable in New Jersey with respect to punitive damages, loss of data, and loss of or damage to property.
Notice for California Users
Under California Civil Code Section 1789.3, California users of the Services and/or Sites are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N. 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Acknowledgment and Changes
These Terms of Use, together with our Privacy Policy, and all other documents incorporated herein by reference, represent the entire understanding between you and Z’s regarding your relationship with Z’s and supersedes any prior statements or representations. You will not assign any of your rights or delegate any of your obligations under these Terms of Use without our prior written consent. YOU AGREE TO BE BOUND BY THESE TERMS OF USE by accessing any areas of the Service, or using the telephone, catalog, radio, television, mobile device and Company-owned retail stores. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. We may send you responses or notices by e-mail, posting via the Sites, or written communication sent by the U.S. Postal Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically or otherwise satisfy any legal requirement that such communications be in writing.