Terms and Conditions

Terms and Conditions

Please Read Carefully Before Using This Site

 

By using this site, you are agreeing to these Terms of Use. If you do not agree with these Terms of Use, please do not use this site. YOUR ACCESS OR USE OF THE WEBSITE OR ANY SERVICES PROVIDED SIGNIFIES THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. We reserve the right to change, modify, add or remove portions of these terms at any time, so please check back periodically for changes. Your continued use of this site after changes to these terms (including the Privacy Policy) will constitute your acceptance of such changes.

 

PLEASE BE ADVISED THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, INCLUDING AN ARBITRATION PROVISION, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER. PLEASE READ ALL THESE PROVISIONS BEFORE USING THE WEBSITE.

 

We reserve the right to refuse service or cancel an order for any reason.

 

Promotional offers and codes may not be combined.

 

  1. Privacy Policy

 

Your privacy is important to us and we want to make sure it is protected. Please take a moment to review our Privacy Policy.

 

  1. Use Of Materials; Restrictions

 

This website and all materials on the website, including, but not limited to, images, illustrations, articles, postings (the "Materials") are the property Z SUPPLY and its affiliates and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by Z SUPPLY and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from http://zsupplyclothing.com, our forums, social media pages, or any other site owned or operated by Z SUPPLY without the prior written permission of Z SUPPLY. However, you may download or make one copy of the Materials and other downloadable items displayed on the website, provided that the same are not used for any commercial purpose, distributed to third parties or offered for sale to third parties, and further provided that all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of Z SUPPLY’s copyrights and other proprietary rights. Use of these Materials on any other website or other networked computer environment is prohibited without prior written permission from Z SUPPLY. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this website or any information displayed on this website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Use; or (b) with the prior written permission of Z SUPPLY or such third party that may own the trademark or copyright of information displayed on this website.

 

  1. Trademarks

 

Z SUPPLY and its related names and logos are all trademarks and/or trade names owned or licensed by Z SUPPLY and are protected by law. Other trademarks and/or trade names not specifically listed here, but which are associated with Z SUPPLY, are protected by law as well. All trademarks, copyrights, logos, and symbols constitute the intellectual property of Z SUPPLY or its affiliated companies and are protected by federal and state law and may not be copied or imitated in whole or in part. Any unauthorized use of these trademarks and trade names is strictly prohibited. Z SUPPLY will take all necessary legal action available to it at law or in equity in order to enforce its intellectual property rights.

 

  1. Infringement

 

If you believe your copyrighted work is being used on the Website in a manner that constitutes copyright infringement, please contact our designated agent at privacy@zsupplyllc.com. Notices of copyright infringement must include your name, address, phone number, and email address, along with a statement identifying the material that you believe is being used without consent and the reason you believe it constitutes copyright infringement.

 

  1. Third Party Products And Services

 

Z SUPPLY is not responsible for the content of any sites that may be linked to or from this website, nor do we make any representations or warranties of any kind regarding any products or services offered by any third parties whose icons, products, services or hyperlinks appear on the website. These links are provided for your convenience only and you access them at your own risk. Any other site accessed from this website is independent from Z SUPPLY, and Z SUPPLY has no control over the content of that other site. In addition, a link to any other site should not be construed as approval or endorsement by Z SUPPLY of that third party or of any product or service provided by a third party. Your correspondence or business dealings with third parties found on or through this website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. We will not be involved in resolving any disputes relating to or arising out of any correspondence or business transaction between you and any such third parties.

 

  1. Disclaimer Of Warranties

 

THIS WEBSITE AND ALL ELEMENTS THEREOF ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Z SUPPLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. Z SUPPLY DOES NOT WARRANT THAT THE SITE WILL OPERATE OR PERFORM IN A MANNER THAT IS UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR HOST SERVER WILL BE MAINTAINED FREE OF VIRUSES OR OTHER HARMFUL CODE. Z SUPPLY MAKES NO WARRANTIES THAT THE INFORMATION, PRODUCTS AND SERVICES PRESENTED ON THE SITE IS CURRENT, UP-TO-DATE, OR ACCURATE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

  1. Limitation of Liability

 

UNDER NO CIRCUMSTANCES AND REGARDLESS OF LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, WILL Z SUPPLY, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND REGARDLESS OF CHARACTER, INCLUDING WITHOUT LIMITATION, ANY DAMAGES RELATING TO YOUR USE OF THIS WEBSITE, ANY PRODUCT OR SERVICE LINKED TO FROM OR ADVERTISED OR PROMOTED ON THIS WEBSITE, LOST DATA, COMPUTER FAILURE OR MALFUNCTIONING, OR OTHERWISE. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE TO THIS ALLOCATION OF RISK IN RELATION TO YOUR USE OF THE SITE.

 

YOU ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.

 

NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT THE MAXIMUM AGGREGATE LIABILITY OF Z SUPPLY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RELATING TO YOUR USE OF THE WEBSITE WILL BE $100.

 

  1. Indemnification/termination Of Use For Breach Of Terms Of Use

 

You agree to indemnify and hold harmless Z SUPPLY, its affiliates, officers, directors, employees, agents, licensors, clients, and subcontractors from and against any and all claims, liabilities, losses, expenses, damages, and costs including without limitation reasonable attorneys’ fees, relating to or arising from (i) your use of the Website, (ii) your violation of these Terms, (iii) your violation of any third party rights relating to or arising out of your use of the Website, or (iv) your violation of any law or regulation relating to, or arising out of, your use of or access to the Website.

 

  1. World-wide Applicability And Laws

 

This website is presented by Z SUPPLY from within the United States, and Z SUPPLY makes no representation that materials in the website are appropriate or available for use in locations outside the United States. In addition, you are responsible for complying with any and all local laws in your jurisdiction that may impact your right to use the website.

 

  1. Jurisdiction And Venue

 

You agree that any legal action brought against Z SUPPLY shall be governed by the laws of the State of California without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation against Z SUPPLY shall be subject to the exclusive jurisdiction of the federal and state courts located in Orange County, California.

 

  1. Dispute Resolution

 

  • In the interest of resolving disputes between you and Z SUPPLY in the most expedient and cost effective manner, you and Z SUPPLY agree that all disputes between you and Z SUPPLY, including but not limited to disputes arising out of these Terms (including the scope, enforceability or applicability of this Dispute Resolution provision), any transaction between you and Z SUPPLY, any interactions that occur between you and Z SUPPLY on this website, and any communications between you and Z SUPPLY (including via text messaging, phone calls, or e-mails) (hereinafter “Disputes”), shall be resolved by binding arbitration.
  • Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Z SUPPLY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE TERMS WILL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.

 

 

  • Any arbitration between you and Z SUPPLY will be governed by the Federal Arbitration Act and the Consumer Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

 

  • YOU AND Z SUPPLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Z SUPPLY agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this paragraph (d) of the Dispute Resolution section of the Terms is found to be unenforceable, then the entirety of this Dispute Resolution section of the Terms will be null and void.

 

 

PRIVACY: Any personal information supplied by you will be subject to the privacy policy of the Sponsor posted at https://www.zsupplyclothing.com/privacy-policy/. By entering the Sweepstakes, you grant Sponsor permission to share your email address and any other personally identifiable information with the other Sweepstakes Entities for the purpose of administration and prize fulfillment, including use in a publicly available Winners list.

 

LIMITATION OF LIABILITY: Sponsor assumes no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Sweepstakes; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilized in any aspect of the operation of the Sweepstakes; (d) inaccessibility or unavailability of any network or wireless service, the Internet or website or any combination thereof; (e) suspended or discontinued Internet, wireless or landline phone service; or (f) any injury or damage to participant's or to any other person’s computer or mobile device which may be related to or resulting from any attempt to participate in the Sweepstakes or download of any materials in the Sweepstakes.

 

If, for any reason, the Sweepstakes is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part. In such event, Sponsor shall immediately suspend all drawings and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total ARV as set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor. Sponsor and Released Parties shall not have any further liability to any participant in connection with the Sweepstakes.

 

SOCIAL NETWORK DISCLAIMER: This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook. You understand that you are providing your information to the Sponsor and not to Facebook. By participating via the Facebook platform, participants are also subject to Facebook’s data policy and terms of use, which can be found at https://www.facebook.com/about/privacy and https://www.facebook.com/legal/terms/update.

 

WINNER LIST/OFFICIAL RULES: To obtain a copy of the Winner List or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to Z SUPPLY, LLC. cc: MARCH $100 GIFT CARD GIVEAWAY at info@zsupplyllc.com. Requests for the names of the winners must be received no later than APRIL 9, 2018 after the Promotion Period has ended. For accessing a Winner List online, visit http://insider.zsupplyclothing.com/2018-march-100-dollar-sweepstakes. The winner list will be posted after winner confirmation is complete.

 

SPONSOR: Z SUPPLY, LLC, 3500 HYLAND AVE, SUITE 150, COSTA MESA, CA 92626, AND info@zsupplyllc.com

 

ADMINISTRATOR: Z SUPPLY, LLC, 3500 HYLAND, SUITE 150, COSTA MESA, CA 92626, AND info@zsupplyllc.com

 

  1. Electronic Communications With Z SUPPLY

 

Z SUPPLY may use third-party vendors from time to time to capture and/or record audio and written communications between Z SUPPLY and users of the Z SUPPLY website for purposes of facilitating customer service communications. By communicating with Z SUPPLY using, or through this site, you agree that communications between you and Z SUPPLY may be recorded, summarized, and analyzed by third parties for Z SUPPLY’s use, including for customer support, training, and quality control. 

 

 

  1. MOBILE TERMS OF SERVICE

Last updated: Nov. 13, 2023

 

The Z SUPPLY mobile message service (the "Service") is operated by Z SUPPLY (“Z SUPPLY”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

 

By consenting to Z SUPPLY’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Z SUPPLY through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

 

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Z SUPPLY. Your participation in this program is completely voluntary.

 

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

 

You may opt-out of the Service at any time. Text the single keyword command STOP to 41489 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Z SUPPLY mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

 

For Service support or assistance, text HELP to 41489 or email customerservice@zsupplyclothing.com.

 

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

 

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

 

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

 

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

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