Terms of Use

User Generated Content

  • The Site may now or in the future permit the submission of content such as comments and product reviews ("User Content") by you and other users and the hosting, sharing and/or publishing of such User Content. You agree and acknowledge that without regard to whether such content is published, Zach Cole: The Collection does not guarantee any confidentiality with respect to any such submissions.
  • You shall be solely responsible for your own User Content and the consequences of posting or publishing them. You represent and warrant that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, or any right of privacy or publicity of any third party, or any applicable law, rule or regulation, or any of the Posting Rules; (ii) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Zach Cole: The Collection to post, publish, reproduce, display and otherwise exercise all rights in your User Content, including, but not limited to, the written consent, release, and/or permission of each and every identifiable individual person featured or referenced in the User Content to use their name, voice, likeness or any other applicable personal rights of any kind.
  • Zach Cole: The Collection takes no responsibility and assumes no liability for any User Content posted or otherwise submitted to us. Any material, information or idea you submit or post on the Site will be considered non-confidential and non-proprietary. Zach Cole: The Collection may publish or otherwise use your name and User Content for any purpose whatsoever without your consent.
  • As between you and Zach Cole: The Collection, you shall retain all of your ownership rights in and to your User Content. However, by submitting User Content to Zach Cole: The Collection, you hereby grant Zach Cole: The Collection a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User Content, in whole or in part, including future rights that Zach Cole: The Collection (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law. You also hereby grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, access, watch, reproduce, distribute, transmit, forward, display and perform such User Content in whole or in part, to the extent permitted by the Site under these Terms of Use. Zach Cole: The Collection will have the right to refuse, remove or delete any User Content that it reasonably considers to violate these Terms of Use or to otherwise be illegal or objectionable.

    Acceptable Use Policy

    • With respect to any submitted User Content, you agree not to: (i) submit any content that is copyrighted, protected by trade secret or otherwise subject to any third party intellectual property rights or proprietary rights, including any privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner of such rights to post such content and to grant Zach Cole: The Collection all of the license rights and other rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) use the Site to harm minors in any way; (iv) impersonate any person or entity, including but not limited to, a representative of Zach Cole: The Collection, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Site; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or NASDAQ, and any regulations having the force of law; and (ix) collect or store personal data about other users.
    • You will not use the Site or any of the information contained on the Site in any way that is unlawful or harms Zach Cole: The Collection or any user of Zach Cole: The Collection. You may not use the Site in any manner that could overburden, or impair any website owned or operated by Zach Cole: The Collection (or the networks or systems connected to any such websites). You may not use any device, software or instrumentality to interfere with the proper working of the Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site. You shall not violate or attempt to violate the security of the Site. Violations of system or network security may result in civil or criminal liability. Zach Cole: The Collection reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
    • Zach Cole: The Collection does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Zach Cole: The Collection expressly disclaims any and all liability in connection with User Content. Zach Cole: The Collection reserves the right, at its sole discretion, but is not obligated, to monitor any and all User Content, messages, postings, or other content sent to the Site, and reserves the right to remove, modify, delete or to refuse to post any User Content or anything else that Zach Cole: The Collection in its sole discretion views to be in violation of these Posting Rules, the law, or is otherwise inappropriate. Zach Cole: The Collection may also terminate a user's access or account for uploading material in violation of these posting rules or the terms at any time, without prior notice and at its sole discretion. In addition, you agree that you will not email any of your User Content or links to your User Content to individuals with whom you are not acquainted.

    Order Acceptance

    • The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Zach Cole: The Collection reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of any order. Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered, and Zach Cole: The Collection reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted.  Zach Cole: The Collection reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at Zach Cole: The Collection's sole discretion.
    • All phone orders are subject to our Returns and Cancellations Policy, Privacy Policy, and Shipping Policy. Placing an order over the phone is an agreement to the terms and conditions as presented on the site.

    Notice to California Residents

    • California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. These warnings relate to some but not all tools, lead crystal glassware, ceramic tableware, tiffany style lamps, and electrical cords. Please call us prior to ordering if you have any questions regarding the safety of these products.

    Communications

    • With respect to all communications made to Zach Cole: The Collection, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and Zach Cole: The Collection shall have no obligation to protect your communications from disclosure; (ii) Zach Cole: The Collection shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) Zach Cole: The Collection shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.

    Indemnity

    • You agree to indemnify and hold Zach Cole: The Collection and its agents and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, including any User Content you submit, post to or transmit through the Site, your violation of these Terms of Use, or your violation of any rights of another user.

    Warranties and Disclaimers

    • Zach Cole: The Collection intends for the information and data contained in the Site or provided via other channels, including but not limited to phone and email, to be accurate and reliable; however, since the information and data have been compiled from a variety of sources, it is provided 'AS IS.' You expressly agree that your use of the Site and any information contained therein is at your sole risk. Zach Cole: The Collection EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

    Limitation of Liability

    • IN NO EVENT SHALL Zach Cole: The Collection OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF Zach Cole: The Collection HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
    • You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site or other channels. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
    • Products are not rated for commercial use unless otherwise stated on the product description or confirmed in a written email.

    Limited Time to Bring Your Claim

    • You and Zach Cole: The Collection agree that any cause of action arising out of or related to the Site or any information contained therein must be commenced within 48 hours after the cause of action arose or be permanently barred.

    Termination

    • You agree that Zach Cole: The Collection, in its sole discretion, may terminate your use of the Site and remove and discard your User Content if Zach Cole: The Collection believes that you have violated or acted inconsistently with the letter and spirit of these Terms of Use or for any other reason. Zach Cole: The Collection may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that Zach Cole: The Collection may bar any further access to the Site. Further, you agree that Zach Cole: The Collection shall not be liable to you or any third-party for any termination of access to the Site.

    General Information

    • This Site is operated by Zach Cole: The Collection from its offices in Chicago, Illinois, USA. The laws of the Commonwealth of Illinois shall govern these Terms of Use, without reference to its choice of laws rules. You and Zach Cole: The Collection hereby consent to the exclusive jurisdiction and venue of the State and Federal courts for Cook County, Illinois, in all disputes arising out of or relating to these Terms of Use and the Site. No waiver of any provision or any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect.
    • This Site is intended for persons that reside within the United States of America. Zach Cole: The Collection makes no representations or warranties that the Site or any Content or offers provided herein are valid, appropriate or available for use outside of the United States. Those who access or use the Site from other jurisdictions do so on their own initiative and are responsible for compliance with applicable local laws.
    • These Terms of Use set forth the entire Agreement between you and Zach Cole: The Collection with respect to use of the Site, and supersede any prior agreements between you and Zach Cole: The Collection relating to such subject matter.
    • Use of this Site constitutes acceptance of our Terms of Use, including applicable limitations on liability and warranty disclaimers. Copyright 2015 by Zach Cole: The Collection. All rights reserved.

    Product Disclaimer

    • Zach Cole: The Collection does not represent and is not affiliated with or sponsored by any designers or their representative mentioned on this website. Zach Cole: The Collection does not represent any designer mentioned on this site or their copyrighted or trademarked products. Zach Cole: The Collection are not manufacturers and Zach Cole: The Collection does not represent the items Zach Cole: The Collection sells to be original or exact replicas. Our products do not come stamped with a designer logo. Any mention of these designers within any product description are for comparison purposes and are not specifically endorsed by the designer or their representative.
    • Zach Cole: The Collection strives to deliver the most accurate representation of the product through our pictures and descriptions. Descriptions are written to the best of our ability and are not endorsed by a designer or their representative. Our products are provided to you on an "AS-IS" basis. Zach Cole: The Collection does not claim responsibility or liability for manufacturer changes in color, material, dimensions, weights, and style.
    • Zach Cole: The Collection does not have any responsibility in the quality control of the products or the specifications of the products on the site.  Information and descriptions are subject to change without notice.  Zach Cole: The Collection is not responsible for any harm caused to your home or place of work as a result of purchasing products from Zach Cole: The Collection's web store. Zach Cole: The Collection offers no warranty on any product. Zach Cole: The Collection does not guarantee that products will continue to function as that is provided by the manufacturer warranty (if available).
    • Products are not rated for commercial use unless otherwise stated on the product description or confirmed in a written email.
    • Manufacturer warranties may be void if an item is used for commecial purposes but not rated for commercial use.  Items that are rated for commercial use will explicity say so in the product description.

    Chargeback and Debt Collection

    • Initiation of a chargeback or failure to pay for goods or services (delinquent payments of any kind) fully revoke any buyer protections that are provided by Zach Cole: The Collection. Delinquent payments and unsubstantiated chargebacks will be treated as a debt and forwarded to a collections agency for full payment or recoupment of goods.

    Authorized Users

    • When a user successfully places an order with a credit card and passes our security checks by confirming the Credit Verification Value (CVV) number and billing address, the user has agreed to our terms and verifies they are the authorized user of the card.
    • When a user successfully places an order using a PayPal account by logging into PayPal, the user has agreed to our terms and verifies they are the authorized user of the PayPal account.
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