Terms & Conditions
Terms and Conditions
The zachsthedepartmentstore.com website is owned and operated by Virtue Enterprises Intl., LLC, 507 N. 15th Street, Immokalee, Florida 34142.
Website Content and Technology
Ownership and Rights In and To Website Contents and Technology
The content and technology you use, see and hear on this website are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights of Zach's The Department Store or its vendors, suppliers and other third parties who have authorized Zach's The Department Store to use the content and technology on this website. The software and other technology components of this website are © -2020, Lightspeed. All rights reserved.
Limitations on Use of This Website and Website Content
No right, title or interest in any downloaded materials is transferred to you as a result of your downloading the materials.
Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining our express written permission.
We have done our best to display as accurately as possible the products shown on this website. However, because merchandise images, including designs, colors, and other product details, you see will depend on your monitor, we cannot guarantee that your monitor's display of any product will be accurate.
Correction of Errors and Inaccuracies; Orders Subject To Limitations
The information on this website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Errors, inaccuracies or omissions may relate to product description, pricing and availability. We reserve the right to refuse to accept orders based on pricing and other errors or product availability and to limit quantities (including after you have submitted your order).
Website & Content Disclaimer
DISCLAIMERS AS TO THE zachsthedepartmentstore.com WEBSITE AND CONTENTS
THE zachsthedepartmentstore.com WEBSITE AND ALL INFORMATION AND CONTENT ON IT ARE PROVIDED ONLY ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
WITHOUT LIMITING THE GENERALITY OF THE ABOVE DISCLAIMERS, WE DO NOT REPRESENT OR WARRANT (1) THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR, OR (2) THAT ANY PRODUCT DESCRIPTION IS ACCURATE OR COMPLETE.
WE MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THIS WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
WE ASSUME NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THIS WEBSITE.
DISCLAIMERS AS TO OTHER WEBSITES
WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, AND WILL HAVE NO LIABILITY FOR, ANY OTHER PARTY'S WEBSITE THAT YOU MAY ACCESS THROUGH THIS WEBSITE. ANY SUCH OTHER WEBSITE IS INDEPENDENTLY OWNED AND OPERATED, AND WE HAVE NO CONTROL OVER THE WEBSITE OR THE INFORMATION, CONTENT, PRODUCTS AND SERVICES AVAILABLE THERE. A LINK FROM THIS SITE TO ANOTHER WEBSITE DOES NOT MEAN THAT WE ENDORSE THAT OTHER WEBSITE OR INFORMATION, CONTENT, PRODUCTS AND SERVICES AVAILABLE THERE. LINKS ARE PROVIDED ONLY FOR CONVENIENCE.
Limitation of Liability
UNDER NO CIRCUMSTANCES, SHALL ZACH'S THE DEPARTMENT STORES OR ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR YOUR INABILITY TO USE THIS WEBSITE.
THIS LIMITATION OF LIABILITY APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER BASED ON CONTRACT, TORT, (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE AND INTENTIONAL TORTS THEORIES) OR OTHER LEGAL OR EQUITABLE CAUSES OF ACTION OR PRINCIPLES. THIS LIMITATION APPLIES EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF Virtue Enterprises Intl., LLC, LLC. AND ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Your Use Of Posted Content
We have reserved some areas (User Posting Areas) of the zachsthedepartmentstore.com Website for user comments and feedback (Content). If you use the User Posting Areas to post Content, you agree to comply with the following terms:
1) The User Posting Areas shall be used for lawful purposes only.
2) You may only post content that you created or that you have permission to post.
3) No material shall be posted on or transmitted through the User Posting Areas
4) No advertising or other commercial solicitation may be posted on or transmitted at the User Posting Areas or other places on the Website.
5) You may not post personal identification information (including your or other individual's names, addresses, e-mail addresses and phone numbers) or impersonate any other person.
6) You may not attempt to transmit any "virus","trojan horse" or other destructive or disruptive software element or device in connection with your use of this Website.
Copyright Infringement Claims
We respect and will not knowingly tolerate the infringement of intellectual property rights. The following sets forth our policies and procedures for notifying us of any claims that your intellectual property rights have been infringed by content on this website.
Making Copyright Infringement Claims
Procedure For Making Copyright Infringement Claims
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the written information specified below. This procedure is exclusively for notifying us at the address shown below of a claim that your copyrighted material has been infringed.
You must send your notice of copyright claim to us at:
COPYRIGHT CLAIMS AGENT
ZACH'S THE DEPARTMENT STORE
507 N. 15 ST
IMMOKALEE, FL 34142
NOTE: This contact information is only for reporting copyright infringement.
Procedure For Other Infringement Claims
If you believe that any material on this Website infringes any intellectual property right of yours, other than a copyright right, send a letter to IP RIGHTS CLAIMS, Zach's The Department Stores, 507 N. 15th Street, Immokalee, FL, 34142. Please include in your letter or email the following information:
Your name, address, and physical or electronic signature of the complaining party. Identification of the allegedly infringing materials and their location on our Website. A description of your rights that you claim is infringed. A statement that you have a good faith belief that there is no legal basis for the use complained of.
Site Intended for U.S. and Canada Users Only
Zach's The Department Stores makes no representations that content and materials on the Site are legal or appropriate for use from outside the United States or Canada. If you choose to access the Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Site in violation of U.S. export laws and regulations.
Enforcement Of Terms & Conditions
BY ACCESSING AND USING THIS WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF NEW YORK, UNITED STATES OF AMERICA.
No Posting Of Personal Information
Monitoring Of User Posted Content
Copyright & Other Rights To Your Posted Content
We do not claim ownership of any Content that you may post. However, by submitting Content to our Website, you grant us, our affiliates and service providers the unlimited right and unconditional license to use, copy, display, perform, distribute, edit, change, modify, and adapt, and to permit third parties to download, use, copy, display, and distribute, the Content in any medium and in any way we choose. You agree that our use, copying, display, performance, distribution, editing, changing, modifying, adapting or promoting of the Content you submit will not infringe any of your copyright or other rights. See also Section titled MONITORING OF USER CONTENT.