Terms of use

01Acceptance of these terms

These Terms of Use (“Terms”) govern your use of zivbrands.com (the “Site”), operated by ZIV Brands LLC (“ZIV Brands,” “ZIV,” “we,” “us”). By using the Site, you agree to these Terms and to our Privacy Policy. If you use the Site on behalf of a company, you confirm you are authorized to accept these Terms for it. If you do not agree, please do not use the Site.

02Information on the Site is not an offer

The Site describes ZIV’s capabilities, portfolio brands and ways of working for general information. Nothing on the Site is an offer to sell, a quotation, or a commitment to supply any product or service. Product availability, specifications, pricing, minimums, compliance and testing, and timing—including any indication of time toward shipment—depend on the specific program and apply only as set out in a written quotation, purchase order or agreement signed by ZIV.

Imagery on the Site includes brand products, development concepts, manufacturing-partner references and licensed images that represent a process or category. Images labeled as concepts, references or “direction” are illustrative and are not representations of a specific product, facility or partner.

03Intellectual property

The Site and its content—including text, graphics, page designs, photography, video and the selection and arrangement of these—are owned by ZIV or its licensors and are protected by intellectual-property laws. ZIV Brands, ODELIA Milano Home, Mason & Main, Fragranced & Found and the related names, logos and designs are trademarks or trade names of ZIV Brands LLC or its affiliates. Licensed stock imagery remains the property of its owners. Except as allowed below, no license or right is granted to you by implication or otherwise.

04How you may use the Site

You may view and use the Site for your own information and to evaluate doing business with ZIV. You agree not to:

• copy, reproduce, republish or sell Site content, except as the law allows;
• use ZIV’s names, logos or imagery in a way that suggests a relationship or endorsement;
• scrape, harvest or collect content or information using automated means;
• submit inquiries by automated means, or send spam or misleading information;
• interfere with the Site’s security or operation, or attempt to access areas or systems not intended for you; or
• use the Site for any unlawful purpose.

05Inquiries and unsolicited ideas

The inquiry form is for retail, wholesale and product-program conversations. Sending an inquiry does not create a business relationship, a contract or a duty of confidentiality. Confidential information is protected only under a written confidentiality agreement signed by ZIV.

ZIV does not accept unsolicited inventions, product ideas or confidential intellectual-property submissions. If you send them anyway, you agree they are not confidential, that ZIV has no obligation to review, return or keep them confidential, and that ZIV owes you no compensation and may independently develop similar products. This protects both sides: ZIV develops many products of its own.

06Links to other websites

The Site may link to websites or services operated by others. We are not responsible for their content, policies or practices, and a link is not an endorsement.

07Disclaimer

The Site and its content are provided “as is” and “as available.” To the fullest extent permitted by law, ZIV disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty that the Site will be uninterrupted, error-free or free of harmful components, or that its content is complete or current.

08Limitation of liability

To the fullest extent permitted by law, ZIV and its members, officers, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of or related to your use of, or inability to use, the Site—even if advised of the possibility of such damages. ZIV’s total liability for any claim arising out of or related to the Site will not exceed one hundred U.S. dollars (US$100). Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

09Indemnification

You agree to indemnify and hold harmless ZIV and its members, officers, employees and agents from any claims, losses and expenses (including reasonable legal fees) arising out of your breach of these Terms or your misuse of the Site.

10Governing law and disputes

These Terms, and any dispute arising out of or related to them or the Site, are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. You and ZIV agree to the exclusive jurisdiction and venue of the state and federal courts located in the State of Delaware for any such dispute.

11Changes and access

We may update these Terms from time to time by posting a new version with a new “Last updated” date; the updated Terms apply from that date. We may change, suspend or discontinue any part of the Site, or restrict access to it, at any time.

12General

These Terms and the Privacy Policy are the entire agreement between you and ZIV about the Site. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition or sale of assets. Any written agreement between you and ZIV for products or services governs that relationship and prevails over these Terms.

13Contact

Questions about these Terms: buyers@zivbrands.com. ZIV Brands LLC, zivbrands.com.