COPYRIGHT, TRADEMARK, AND OTHER INTELLECTUAL PROPERTY PROTECTION
This Site as a whole, and all material on this Site, is protected by copyright, trademark, and other intellectual property rights. See separate copyright and trademark notice for further information.
You agree that any and all comments, messages, postings, data, suggestions, creative ideas, designs, concepts, product suggestions and other items or materials disclosed, submitted or offered to ZACHARY PRELL through or in connection with this Site ("Submissions"), including, but not limited to, survey responses, shall be treated as non-confidential and not proprietary and shall become, and remain, ZACHARY PRELL's property. Such disclosure, submission or offer of any Submission shall constitute an assignment to ZACHARY PRELL of all rights, title and interests in all copyrights and other rights in the Submission. ZACHARY PRELL is, and shall be, under no obligation (i) to maintain any Submission in confidence; (ii) to pay to anyone any compensation for or in connection with the use of any Submission; or (iii) to respond to any Submission. You represent and warrant that no Submission by you will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making any Submission through, in connection with or related to this Site, you agree that ZACHARY PRELL has the right (but not the obligation) to copy, publish, distribute or use such Submission, or any part or parts thereof, for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. ZACHARY PRELL does not, cannot and does not agree to consider or review every Submission, and is not liable or responsible for the content of any material posted on this Site by users. You agree not to upload, post, distribute or otherwise publish on this Site any material that (i) is libelous, defamatory, obscene, abusive, pornographic, threatening or an invasion of privacy; (ii) infringes the intellectual property rights, including, but not limited to, any copyright, patent, trade secret or trademarks, of any person or entity; (iii) is illegal in any way or advocates illegal activity; or (iv) advertises or solicits funds, goods or services. You are and shall remain solely responsible for the content of any Submission you make.
This Site may contain links to other sites. ZACHARY PRELL is not responsible for the availability of, or any content or material contained in, or obtained through, any such sites. Any link to another site, and reference to third-party information, products or services linked to this Site, is not, and should not be construed as, an express or implied endorsement by ZACHARY PRELL. Any questions or comments relating to such other sites should be addressed to the operator or operators of those sites.
The ZACHARY PRELL products depicted in this Site are representative of the ZACHARY PRELL collection. Not all ZACHARY PRELL products are shown on this Site and other colors and styles may be available in stores and not all ZACHARY PRELL products depicted on this Site are available in ZACHARY PRELL stores. The style, designs and colors of the ZACHARY PRELL and other products shown in this Site may be changed without notice and prices are subject to change. We have made every effort to display accurately the color of the products depicted on this Site. However, we cannot guarantee that the actual colors displayed on your monitor are accurate.
Material in this Site may contain inaccuracies or typographical errors. ZACHARY PRELL shall not be liable or responsible for any loss or damage caused by or arising from any user's reliance on information obtained from or through this Site. It is your responsibility to evaluate the information and other content available through this Site. This Site and the information and materials contained in this Site are subject to change at any time, and from time to time, without prior or subsequent notice.
THIS SITE AND THE CONTENTS OF THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ZACHARY PRELL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR FREEDOM FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, WORMS OR TROJAN HORSES) OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE OR ITS CONTENTS AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES. ZACHARY PRELL DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION CONTAINED IN THIS SITE IS ACCURATE, COMPLETE OR UP-TO-DATE, THAT THIS SITE IS FREE OF DEFECTS OR THAT ANY DEFECTS WILL BE REMEDIED. YOU AGREE, BY USING THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL LOSS OF USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT AND/OR SOFTWARE THAT YOU USE IN CONNECTION WITH THIS SITE, AND THAT ZACHARY PRELL SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF, CAUSED BY OR RELATED TO YOUR USE OF THIS SITE. WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SOME OR ALL OF THE FOREGOING DISCLAIMERS OF WARRANTY MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ZACHARY PRELL BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, EVEN IF ZACHARY PRELL HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT OR UNDER ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, PRODUCTS AND MATERIALS ON THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU
You agree to defend, indemnify and hold harmless ZACHARY PRELL, its affiliates and their officers, directors, employees and shareholders from and against any and all claims, damages, losses, costs and expenses, including, but not limited to, reasonable attorneys' fees and court costs, arising from or related to your use of this Site.
These Terms and your use of this Site shall be governed under the laws of the State of New York, without regard to its conflict of law principles. Any dispute arising under these Terms or out of your use of this Site shall be resolved exclusively by the state and federal courts of the State of New York, County of New York and/or the Southern District of New York. By using this Site, you hereby agree to the personal jurisdiction of, and venue in, such courts.
This Agreement is effective unless and until terminated by either you or ZACHARY PRELL. Termination may occur at any time. If ZACHARY PRELL determines, in its sole discretion, that you fail to comply with any of the terms or provisions of this Agreement, ZACHARY PRELL may terminate this Agreement immediately and without notice. Upon any termination of this Agreement by either you or ZACHARY PRELL, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.