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Terms of Use

Welcome to mzwallace.com (the “Site”). By using this Site, you agree to be bound by these Terms of Use (“Terms”) as they may be periodically amended and modified from time to time. MZ Wallace, Inc. (“MZ Wallace”, “we”, “us” and “our”) is the operator of this Site. This Site is made available to you on the precondition that you accept all of the terms and conditions contained herein. Please do not use this Site if you do not agree with and accept these terms. By continuing to use this Site you are accepting and consenting to be governed by these Terms.

Site Content & Use

The information on this Site is intended for general informational purposes and should not be relied on as the sole basis for making decisions. MZ Wallace does not guarantee that the information contained on this Site is current, accurate or complete. You rely on the material on this Site at your own risk. The information on this Site does not constitute a binding offer of MZ Wallace to sell products featured on this Site. We reserve the right to change the contents of this Site at any time and for any reason and shall not have any obligation to update any information contained on this Site. No employment, partnership, agency of joint venture relationship exists between MZ Wallace and you as a result of your use of this Site or these Terms.

Although MZ Wallace tries its best to display our products and their colors as accurately as possible, colors of the products which are actually displayed depend upon computer hardware of the user, and MZ Wallace cannot guarantee that such hardware will accurately display the colors of the products. There is also the possibility that products displayed on the Site may be out-of-stock or discontinued, and the prices which are displayed are also subject to change. We always try to provide complete, accurate, up-to-date information on the Site.  Unfortunately, despite those efforts, human or technological errors may occur.  This Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current.  We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.  MZ Wallace is not responsible for typographical or other errors regarding price or any other matter.

You are prohibited from purchasing any item from this Site with the intent to resell it. MZ Wallace reserves the right, in its sole discretion, to accept or decline your order, in part or in total, even after your credit card has been charged and you receive confirmation of your order. If your order is cancelled after your credit card has been charged, a credit will be issued to your credit card account.

Intellectual Property

MZ Wallace, its licensors or its content providers are the owners of and have exclusive rights to all of the content on this Site, including, but not limited to, all designs, text, images, logos, media clips and downloads, interfaces, computer code and software (“Content”). All trademarks, service marks, logos and other Content displayed or featured on the Site, including, but not limited to “MZ Wallace”, “MZ Wallace New York”, “MZ Wallace New York, NY”, and “The Metro Tote” are the property of MZ Wallace. In addition, this Site and its contents are protected by copyright laws. Nothing on this Site shall be construed as granting by implication, estoppel or otherwise, any right or license to use a trademark, service mark or logo featured on this Site without the prior written consent of MZ Wallace. You acknowledge that you shall not construe anything on this Site as granting any license or right to use any trademark, service mark or logo, either explicitly, implicitly, by estoppel or otherwise. MZ Wallace reserves all rights not expressly granted or relinquished herein in regards to the Site and its Content.

MZ Wallace is committed to protecting its intellectual property rights as well as the intellectual property rights of others. To report any infringement of your intellectual property rights on this Site, you can contact us at info@mzwallace.com. Your email should include: (1) a description of the infringement; (2) detail of the location of the infringing material on the Site; (3) your name, address, telephone number, email address and other reasonable contact information.

You represent that you own or otherwise have the legal right to the material you submit to the Site. You agree to grant MZ Wallace a non-exclusive, irrevocable and perpetual right to use, modify, reproduce, publish, distribute, display and create derivative works from any material which you submit to the Site for any purpose whatsoever, with no payment or other compensation to you. Such right shall include the right to use your name and any personal information you submit.

Prohibited Uses

MZ Wallace reserves the right, at its discretion, to refuse or terminate a person’s registration, or deny access to this Site. MZ Wallace grants you a license to use this Site and such license is revocable by us, and in our sole discretion, at any time and for any reason. You are prohibited from using, modifying, distributing, broadcasting, transferring, transmitting, uploading, licensing, selling, reverse engineering or creating derivative works from any trademarks or Content on this Site. You are also prohibited from using the Site for marketing purposes or to compete with MZ Wallace.

By using this Site you agree to be held responsible for any material you submit through this Site and to indemnify MZ Wallace for all claims that result from your submissions. You agree that you shall be held personally liable for all orders placed or charges incurred, prior to your account being terminated. You acknowledge that you may not submit, upload, publish or distribute through this Site any material that could give rise to claims of libel, defamation, fraud, obscenity, or claims of any civil or criminal liability. Further, you agree that anything you submit to MZ Wallace shall not violate any right of any third party, including privacy, trademark, copyright, or any other intellectual or other personal right. You agree that you will not submit any material that contains a computer virus, spam or any software or computer code designed to damage, interfere with or mine data from the Site.

Disclaimers and Limitation of Liability

THIS SITE IS PRESENTED ON AN “AS IS” BASIS AND YOU ACKNOWLEDGE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK. MZ WALLACE RESERVES THE RIGHT TO LIMIT OR RESTRICT YOUR ACCESS TO THE SITE IN ANY WAY AND AT ANY TIME. MZ WALLACE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY TYPE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: 1) IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY; 2) WARRANTIES IMPLIED FROM A COURSE OF DEALING OR PERFORMANCE; 3) WARRANTIES THAT THE SITE OR THE SITE’S SERVER WILL BE FREE FROM VIRUSES; 4) THAT INFORMATION ON THE SITE WILL BE TIMELY, COMPLETE OR ACCURATE; OR 5) THAT THE SITE SHALL BE SECURE AND ERROR FREE.

BY USING THIS SITE YOU AGREE AND ACKNOWLEDGE THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL CONSEQUENCES RESULTING FROM YOUR USE OF THIS SITE. YOU AGREE, ACKNOWLEDGE AND ACCEPT: 1) THAT YOU DID NOT HAVE TO PAY TO USE THIS SITE; 2) THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, MZ WALLACE, ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR ANY DAMAGES OF ANY KIND ARISING FROM: A) LOSS OF DATA OR DAMAGE TO YOUR COMPUTER THAT RESULTS FROM ANY MATERIALS YOU DOWNLOAD FROM THIS SITE, YOU DOWNLOAD AT YOUR OWN RISK; B) ANY ACTIONS TAKEN BY US OR WHICH WE FAIL TO TAKE REGARDING COMMUNICATIONS YOU SEND TO US; C) YOUR INABILITY TO USE THIS SITE; D) ANY PRODUCTS, SERVICES OR OTHER INFORMATION OR MATERIALS FEATURED ON THIS SITE, OR THE REMOVAL THEREOF; E) OR ANYTHING ARISING OUT OF YOUR USE OF THIS SITE OR ANY WEBSITE YOU ACCESS THROUGH THIS SITE. MZ WALLACE WILL NOT PROVIDE, AND YOU SHOULD NOT CONSTRUE ANY COMMUNICATION, INFORMATION OR ADVICE OBTAINED THROUGH THIS SITE, WHETHER ORAL OR WRITTEN, AS CREATING ANY WARRANTY OF ANY KIND. THE DISCLAIMERS IN THESE TERMS ARE VALID ONLY WHERE THEY ARE NOT PROHIBITED BY LAW.

MZ Wallace makes no warranties of any kind regarding web sites which are not operated by MZ Wallace to which you may be directed or hyperlinked from this Site. These hyperlinks are included by MZ Wallace for your convenience, and MZ Wallace makes no representations or warranties with regard to the material on these sites or the suitability, safety or accuracy of any material on such web sites. MZ Wallace has no responsibility for products or services offered or provided by any third party.

Personal Information

You agree that any personal information that you enter on this Site will be accurate, current and complete. Certain features of the Site, such as the “My Account” feature, are password protected. If you register a password, you agree that you are responsible for the security of your password and for acts performed or statements made in connection with the use of your account and password. It is your responsibility to contact MZ Wallace if you know or have reason to believe that the security of your password has been compromised in any way. We will attribute to you any communication made via your account unless we receive written notice from you indicating otherwise. Your name and any personal information submitted shall be treated in accordance with the MZ Wallace Privacy Policy.

Indemnity

You agree to hold harmless, defend and indemnify MZ Wallace and any of our affiliates, officers, directors, employees, agents, licensors, contractors, subcontractors, service providers and suppliers against any and all damages, losses, costs, expenses, liabilities, including any all reasonable court costs and attorneys’ fees which result from any violation of these Terms, a technical problem you experience with the Site, or any issues resulting from your use of the Site. MZ Wallace reserves the exclusive right, at MZ Wallace’s own expense, to assume control of the defense of any matter for which you would be held responsible for indemnifying MZ Wallace for any losses incurred. You agree to cooperate with MZ Wallace in regards to the defense of any such matter. Any claim or cause of action you may have with respect to MZ Wallace or the Site must be commenced within one (1) year after the claim or cause of action arose.

Applicable Law

This Site is hosted and operated in the United States, and all information is processed within the United States. The Site is intended to be accessed and used where such access and use is permitted by law, but we do not represent that materials on the Site are appropriate or available for use outside the United States. This Site and these Terms are governed by the laws of the State of New York. MZ Wallace does not guaranty that accessing or using this Site complies with the laws of the jurisdiction in which you are located. It is your responsibility to educate yourself as to the laws of your jurisdiction and act accordingly. By using this Site you are irrevocably consenting to the non-exclusive jurisdiction of the state and federal courts located in the State of New York for purposes of adjudicating any action relating to these Terms and waive any objection to venue or jurisdiction in such actions.

General Information

You understand that these Terms and any other policies posted on this Site shall constitute the entire agreement and understanding between you and us regarding the subject matter thereof (the “Agreement”). You understand that the Agreement shall supersede all other, prior or contemporaneous communications between you and us, whether those communications are oral or written. A printed copy of these Terms shall be admissible, under the same conditions and to the same extent as other business documents and records, in a judicial or administrative proceeding that relates to the use of the Site. If any provision of the Agreement is found to be unenforceable, unlawful or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. You are responsible for periodically checking this Site for any changes to these Terms. MZ Wallace may amend, alter or change these Terms, in our sole discretion, at any time and for any reason, by posting on this Site a revised version of these Terms. If you continue to use this Site after changes to these Terms are posted then you consent to being governed by such changes. MZ Wallace’s failure to enforce or exercise any provision or right of these Terms shall not be deemed a waiver of such provision or right.

Copyright Infringement Policy (DMCA Notice)

MZ Wallace respects the intellectual property rights of others and requests that you do the same. We will respond to notices of claimed copyright infringement that are properly provided to us and that comply with applicable law. If you believe that your work has been copied in a manner that constitutes copyright infringement, you may notify our legal department at:

MZ Wallace, Inc.
10 Crosby St, 5th Floor
New York, NY  10013
Attn: Legal Department
Email: info@mzwallace.com

So that we may properly assist you, the following information is required:

  1. A description of the copyrighted work you claim has been infringed;
  2. Information reasonably sufficient to locate the material in question on the site;
  3. Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit MZ Wallace to contact you;
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
  6. A physical or electronic signature of the copyright owner or the person authorized to act on the owner's behalf;

We suggest that you consult your legal advisor before filing a notice with MZ Wallace’s copyright agent, because there may be penalties for false claims.

UPDATED OCTOBER 25, 2016

MyMZWRewards Terms & Conditions

  1. Definitions:
    • "Eligible Items" consist of MZ Wallace-branded merchandise bought at www.mzwallace.com or MZ Wallace Retail stores. Excluded are items purchased at third-party vendors, gift cards, non-MZW products, and any taxes, fees, or services (such as, but not limited to: repairs, gift wrapping, shipping/handling, sales tax, select charitable program fees, or forfeited deposits).
    • "Net Purchases" are purchases of Eligible Items less returns, price adjustments, redeemed gift cards / certificates and other promotion discounts.
    • "Account Balance" is the total positive accumulated MyMZW Rewards Account value at any point in time.
    • "Eligible Customers" are U.S. residents eighteen (18) years of age or older. Corporations, associations and other groups may not participate.
  2. Accounts: MyMZW account holders are automatically enrolled in the MyMZW Rewards Program (“Program”). Eligible Customers may enroll in the Program by opening a MyMZW account. Once enrolled in the Program, an account accumulates Rewards Points based on Net Purchases of Eligible Items.
  3. Calculation of Rewards Points: Points will be applied to a MyMZW Rewards Account at the completion of the checkout process of a qualifying purchase based upon the total of Eligible Items on the transaction and the benefit level (i.e. silver, gold, platinum). Benefit level for a given transaction is determined by the total purchases for the calendar year as of the end of the proposed transaction. The Rewards Account Balance will be adjusted for returns, retroactive price adjustments, or any other changes to the Net Purchases.
  4. Rewards Points Redemption: Rewards Points earned during each six-month period will be redeemed to a MyMZW Rewards Card after the return period has ended. Points earned January 1-June 30 will be redeemed on or about July 31st, and points earned July 1-December 31 will be redeemed on or about January 31st of the following year. MyMZW Rewards Cards will expire ninety (90) days from the date issued and will be valid only through the expiration date specified on the card. Any unused value remaining on the MyMZW Rewards Card after the expiration date will be forfeited. MyMZW Rewards Cards may not be used to purchase gift cards or Non-MZ Wallace products, and may not be exchanged for cash. MyMZW Rewards Cards cannot be combined with any other promotion, such as but not limited to: discount coupons, special offers, etc. MyMZW Rewards Cards cannot be used towards previous purchases. MyMZW Rewards Cards must be used with the corresponding account email address and may not be combined with other Rewards Cards.
  5. Disqualification: MZ Wallace reserves the right to disqualify any person or account from participation if, in its sole judgment, that person/account appears to be (a) violating these Terms and Conditions; (b) making purchases for a business, for resale, or on behalf of others; or (c) manipulating the Program in any way. If an individual/account is disqualified, the MyMZW Rewards Account Balance as it exists on the date of disqualification will be forfeited.
  6. Termination of or Change in Program: Participation in the MyMZW Rewards program and the benefits of the Program are offered at the sole discretion of MZ Wallace. MZ Wallace may terminate the Program at any time, with or without notice, which may result in loss of accumulated Rewards Account Balance and the cancellation of all benefits and privileges associated with the Program. MZ Wallace reserves the right to add, delete or change any of the rules, terms, conditions, and benefits (including, but not limited to, the basis upon which points are awarded) of the Program at its sole discretion, with or without notice. Interpretation of these Terms and Conditions shall be at the sole discretion of MZ Wallace, whose decision will be final. MZ Wallace has the right to close your Rewards Account for any reason.
  7. Release of Information: By enrolling in the Program, you consent to the release of information to MZ Wallace to carry out the Program.
  8. Governing Law: The Program and these Terms and Conditions are governed by New York state law as such law is applied to agreements entered into and performed entirely within such jurisdiction.
  9. Disputes; Claims: All disputes, claims of any and all MyMZW account holders or potential account holders, arising under, out of, or in connection with the Program or any part thereof, including, without limitation, modification or termination of all or any part of any thereof, shall be brought to and decided by arbitration in the County, City and State of New York, before a single arbitrator and under auspices of the American Arbitration Association and its Commercial Arbitration Rules then pertaining. Except as otherwise specifically provided by New York State law, the arbitrator’s decision shall be final, binding and enforceable by any court of law with jurisdiction.

Updated January 12, 2016

#mzwtravel October 2017 Instagram Giveaway Terms & Conditions
  1. No purchase necessary to enter or win. Odds of winning depend on number of entries received.
  2. Giveaway entry periods will commence every Friday in October 2017, and all entries must be received by 11:59pm EDT on the following Sunday. MZ Wallace accepts no responsibility for any entries that are incomplete, or fail to reach MZ Wallace by the relevant closing date for any reason. Entry and voting relies on the Internet, networks, and equipment not owned and/or operated by MZ Wallace. MZ Wallace takes no responsibility for technical issues of any kind.
  3. To enter a giveaway, entrants must follow @mzwallacenyc on Instagram and tag a friend in the comments section of the Friday post at the beginning of the entry period on the @mzwallacenyc Instagram account. One entry per person. Non-conforming entries may be disqualified. One (1) winner will be selected at random from all entries by end of business the Monday after the giveaway entry period concludes. The prize package includes two (2) units of the prize advertised in the giveaway Instagram post.
  4. No cash or other alternative to the final prize will be offered.
  5. The winner will be notified via Instagram direct message on the Monday following the conclusion of the giveaway entry period. The winner must claim the prize within 14 days of notification by direct messaging @mzwallacenyc.
  6. The determination of a winner by MZ Wallace is final. No further correspondence will be entertained.
  7. At it’s sole discretion, MZ Wallace may modify, suspend, or terminate the promotion at any time. Any attempt to subvert or tamper with the drawing or gain an unfair playing advantage in any way, including through cheating, fraud, deception, unfair playing practices, unauthorized access, automated submissions/voting, denial of service, or threatening or harassing other users, are strictly prohibited and void entry.
  8. By entering the drawing each entrant agrees to be bound by these terms and conditions. Void where prohibited.

Updated October 5, 2017