Terms

SUBSCRIBE
Terms

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the "Terms of Use") apply to the Mezlan website located at https://www.mezlan.com, and all associated sites linked to https://www.mezlan.com by Mezlan, its subsidiaries and affiliates, including Mezlan sites around the world (collectively, the "Site"). The Site is the property of Pacific Shoe Corporation dba Mezlan ("Mezlan") and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. Mezlan reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Mezlan grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Mezlan, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Mezlan's express prior written consent. You may use information on Mezlan products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Mezlan for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your Use of the Site

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Mezlan reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Mezlan server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Mezlan, including any Mezlan account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Mezlan's systems or networks, or any systems or networks connected to the Site or to Mezlan. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Mezlan on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Mezlan or others.

Purchases, Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. Mezlan's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. Mezlan may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. Mezlan is not responsible for pricing or typographical errors and will correct any such errors in a reasonable, responsive timeframe. The materials on the Site with respect to products and services may be out of date, and Mezlan makes no commitment to update the materials on the Site with respect to such products and services.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up a Mezlan user name and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Mezlan immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Mezlan or any other user of or visitor to the Site due to someone else using your Mezlan user name, password or account. You may not use anyone else's Mezlan user name, password or account at any time without the express permission and consent of the holder of that Mezlan user name, password or account. Mezlan cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Mezlan's Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the Mezlan Site

This Site may contain links to other independent third-party websites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Mezlan's control, and Mezlan is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

Mezlan DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. Mezlan CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Mezlan DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Mezlan DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY Mezlan SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST Mezlan FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Mezlan reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will Mezlan be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Mezlan has been advised of the possibility of such damages. If, notwithstanding the other provisions of these Terms of Use, Mezlan is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Mezlan's liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Mezlan, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold Mezlan, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Mezlan by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

Mezlan may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Mezlan's rights or property, or the rights or property of visitors to or users of the Site, including Mezlan's customers. Mezlan reserves the right at all times to disclose any information that Mezlan deems necessary to comply with any applicable law, regulation, legal process or governmental request. Mezlan also may disclose your information when Mezlan determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that Mezlan may preserve any transmittal or communication by you with Mezlan through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Mezlan determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Mezlan, its employees, users of or visitors to the Site, and the public. You agree that Mezlan may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Mezlan, for which monetary damages would be inadequate, and you consent to Mezlan obtaining any injunctive or equitable relief that Mezlan deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Mezlan may have at law or in equity. You agree that Mezlan may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems. If Mezlan does take any legal action against you as a result of your violation of these Terms of Use, Mezlan will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Mezlan. You agree that Mezlan will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Santa Clara County, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between Mezlan and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

Mezlan administers and operates the www.Mezlan.com Site from its location in Orange, California USA; other Mezlan sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Mezlan reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

MOBILE/SMS COMMUNICATION

SMS Services: Mezlan LLC uses cookies and offers SMS services to customers for the purpose of updates on order status, delivery information, promotional offers, and browser and cart abandonment updates. We may use automated means to send SMS messages to you. By providing your mobile number, you consent to receive SMS messages from us. You may opt-out of receiving SMS messages at any time by following the opt-out instructions contained in the SMS message or by contacting us.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Mezlan with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Mezlan with respect to such use are hereby superseded and cancelled. Mezlan will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Mezlan's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Mezlan of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Mezlan and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. Mezlan provides access to Mezlan international data and, therefore, may contain references or cross references to Mezlan products, programs and services that are not announced in your country. Such reference does not imply that Mezlan in your country intends to announce such products, programs or services.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Mezlan shall be free to use such information on an unrestricted basis.

The information contained in this website is subject to change without notice.

PRIVACY

 

Our commitment to your privacy

Pacific Shoe Corporation, dba Mezlan, has a privacy policy that covers the collection and use of personal information that may be collected by Mezlan anytime you interact with us, such as when you visit our website, mezlan.com, when you purchase Mezlan products and services, or when you call our sales or support associates. Please take a moment to read the following to learn more about our information practices, including what type of information is gathered, how the information is used and for what purposes, to whom we disclose the information, and how we safeguard your personal information. Your privacy is a priority at Mezlan, and we go to great lengths to protect it. 

Why we collect personal information

Why do we collect your personal information? Because it helps us deliver a superior level of customer service. It enables us to give you convenient access to our products and services and focus on categories of greatest interest to you. In addition, your personal information helps us keep you posted on the latest product announcements, special offers, and events that you might like to hear about. If you do not want Mezlan to keep you up to date with Mezlan news and the latest information on products and services, click unsubscribe from any newsletter email from us, or, if you have a mezlan.com user account, change your subscription preferences there. 

What information we collect

There are a number of situations in which your personal information may help us give you better service. For example, we may ask for your personal information when you're discussing a service issue on the phone with an associate, participating in an online survey, or purchasing a product. At such times, we may collect personal information relevant to the situation, such as your name, mailing address, phone number, email address, and contact preferences; your credit card information and information about the Mezlan products you own, such as their serial numbers and date of purchase; and information relating to a support or service issue. The Mezlan website allows you to create a Mezlan user account based on your personal information. This convenient service saves you time and allows for easier use of our web services.

Here's how it works: You create a personal profile—providing your name, phone number, email address, and in some cases your mailing address or a credit card number—and choose a password for security. The next time you order from the Mezlan website, all you need to do is enter your Mezlan user name and password and the system looks up the information it needs to assist you. In addition, if you update the information associated with your Mezlan user account it will be available for all your transactions with Mezlan globally.

Mezlan also enables you to send gift certificates and products to family members, friends or colleagues. To fulfill your request, Mezlan may require personal information about the person to whom you are sending the product or service such as their name, physical address, and email address. The personal information you provide about that person is used only for the purpose for which it is collected. Mezlan  will not use the information collected to market directly to that person.

If you use a bulletin board, chat room, make comments or review products on a Mezlan website you should be aware that any information you share is visible to other users. Personally identifiable information you submit to one of these forums can be read, collected, or used by other individuals to send you unsolicited messages. Mezlan is not responsible for the personally identifiable information you choose to submit in these forums. 

When we disclose your information

Mezlan takes your privacy very seriously. Be assured that Mezlan does not sell or rent your contact information to other marketers. To help us provide superior service, your personal information may be shared with legal entities within the Mezlan group globally who will safeguard it in accordance with Mezlan's privacy policy. There are also times when it may be advantageous for Mezlan to make certain personal information about you available to companies that Mezlan has a strategic relationship with or that perform work for Mezlan to provide products and services to you on our behalf. These companies may help us process information, extend credit, fulfill customer orders, deliver products to you, manage and enhance customer data, provide customer service, assess your interest in our products and services, or conduct customer research or satisfaction surveys. These companies are also obligated to protect your personal information in accordance with Mezlan policies. Without such information being made available, it would be difficult for you to purchase products, have products delivered to you, receive customer service, provide us feedback to improve our products and services, or access certain services, offers, and content on the Mezlan website. At times we may be required by law or litigation to disclose your personal information. We may also disclose information about you if we determine that for national security, law enforcement, or other issues of public importance, disclosure is necessary. 

How we protect your personal information

Mezlan takes precautions—including administrative, technical, and physical measures—to safeguard your personal information against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction. The Mezlan website uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is required. To make purchases from the Mezlan website you must use an SSL-enabled browser such as Safari, Netscape Navigator 3.0 or later, or Internet Explorer. Doing so protects the confidentiality of your personal and credit card information while it's transmitted over the Internet. You can help us by also taking precautions to protect your personal data when you are on the Internet. Change your passwords often using a combination of letters and numbers, and make sure you use a secure web browser. 

Integrity of your personal information

Mezlan has safeguards in place to keep your personal information accurate, complete, and up to date for the purposes for which it is used. Naturally, you always have the right to access and correct the personal information you have provided. You can help us ensure that your contact information and preferences are accurate, complete, and up to date by checking your user account. And you can request a copy of your personal information, your product purchase history, and your interactions with our sales and support agents by contacting us at . 

Cookies and other technologies

As is standard practice on many ecommerce websites, Mezlan's website uses "cookies" and other technologies to help us understand which parts of our websites are the most popular, where our visitors are going, and how much time they spend there. We also use cookies and other technologies to make sure that our online advertising is bringing customers to our products and services. We use cookies and other technologies to study traffic patterns on our website, to make it even more rewarding as well as to study the effectiveness of our customer communications. And we use cookies to customize your experience and provide greater convenience each time you interact with us.

As is true of most websites, we gather certain information automatically and it is stored in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users' movements around the site and to gather demographic information about our user base as a whole. Mezlan will not use the information collected to market directly to that person. In some of our email messages we use a "click-through URL" linked to content on the Mezlan website. When a customer clicks one of these URLs, they pass through our web server before arriving at the destination web page. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked simply avoid clicking text or graphic links in the email. 

Our companywide commitment to your privacy

To make sure your personal information is secure, we communicate these guidelines to Mezlan employees and strictly enforce privacy safeguards within the company. In addition, Mezlan supports industry initiatives to preserve privacy rights on the Internet and in all aspects of electronic commerce. And we do not knowingly solicit personal information from minors or send them requests for personal information. Mezlan's website has links to the sites of other companies. Mezlan is not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies. 

Privacy questions

If you have questions or concerns about Mezlan's Customer Privacy Policy or data processing, please email us at .

Mezlan may update its privacy policy from time to time. When we change the policy in a material way a notice will be posted on our website along with the updated privacy policy.