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Terms and Conditions


Terms & Conditions

The use of the DWHL.org website (this "Website") and the sale of products and services offered on this Website are governed by the terms and conditions set forth below and all other disclaimers, guidelines, policies and terms and conditions of sale appearing on this Website. Your use of this Website in any manner, whether browsing, activating an account with us or making a purchase, constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them. DWHL reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Therefore, we recommend that you please read them carefully each time you use this Website.

Usage Restrictions

You may access and view the Content (as defined below) appearing on this Website for personal, non-commercial use only. You may not download and/or copy any portion of the Content for personal, non-commercial use or commercial use even if you have (a) retained all copyright, trademark or other proprietary notices contained on the Content, (b) have not modified or altered the Content in any way or (c) have not made the Content available to any third party. DWHL reserves complete title and full intellectual property rights in any Content that you download from this Website. You agree to use this Website only for lawful purposes. The following activities are strictly prohibited: (i) misrepresenting the identity of a user; (ii) tampering with this Website; and (iii) conducting fraudulent activities.

Privacy Policy

DWHL use of personal information that you may submit to DWHL through this Website is governed by the DWHL Customer Information Privacy Policy. Please see Privacy Policy.

Proprietary Rights

The DWHL logos and trademarks, as well as other marks, trade names, trademarks and logos on this Website, are the property of the DWHL. You may not use, reproduce, copy or manipulate such logos in any manner without the prior written consent of the owner.

The entire contents of this Website, including text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information and software (collectively, "Content") are subject to copyright, trademark, or other proprietary rights or licenses held by DWHL or a DWHL affiliate or by third parties who have licensed their rights to DWHL. All Content is copyrighted as a collective work under the U.S. and international copyright laws and DWHL owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement and selection of such Content or this Website. Except as provided above, you may not make copy, modify or create derivative works of the Content. In addition, you may not distribute, publish, transmit, reuse, repost, "and frame" the Content in any manner or sell or attempt to sell the Content.

Submissions to www.DWHL.org and Affiliated Servers

Any remarks, suggestions, ideas, messages and data submitted by you to DWHL through this Website or other DWHL-affiliated websites (collectively, the "Messages"") shall be and remain the exclusive property of DWHL.

Therefore, DWHL discourages you from submitting messages that you do not wish to assign to DWHL, including confidential information or any original creative materials such as product ideas or original works. You represent and warrant to the DWHL, and accept responsibility for, the accuracy, appropriateness and legality of the Messages. Your submission of such Messages shall constitute an assignment to DWHL of all worldwide right, title and interest in and to all copyrights and other intellectual property rights in the Messages. DWHL is entitled to use, copy modify, disclose, distribute and make derivative use of any of the Messages for any purpose without restriction or compensation in any way to you.

Modification of Content

DWHL attempts to ensure that the Content on this Website is complete and current. As indicated in the DISCLAIMERS set forth below, DWHL does not guarantee that the information contained on this Website will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to service description or availability. DWHL reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you. Further, DWHL reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is canceled, DWHL shall promptly issue a credit to your credit card.

DISCLAIMERS

ALL CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ADVICE THAT MAY BE GIVEN TO YOU OVER THIS WEBSITE, ARE PROVIDED "AS IS" AND ALL USE OF THIS WEBSITE IS AT YOUR OWN RISK. DWHL DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF DWHL, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS WEBSITE AND ANY CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY OF NON-INFRINGEMENT; (C) CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT DWHL DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

DWHL DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THIS WEBSITE, INCLUDING ANY ADVICE OR OTHER SIMILAR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS WEBSITE. DWHL DOES NOT MAKE ANY REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.

DWHL reserves the right to refuse or cancel any orders placed for products and/or services for which the sale or use of such products and/or services in your state is restricted or prohibited.

DWHL may display advertising prints for products sold through this Website.

DWHL attempts to display the colors of the products shown on this Website as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of color depends, in part, upon the type of computer monitor and/or browser used by you.

Limitation of Liability

IN NO EVENT SHALL DWHL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE, EVEN IF DWHL OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN DWHL TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Enforcement

By accessing and using this Website, you agree that your access and use of this Website is subject to the Terms and Conditions, and all applicable laws, as governed by the laws of the State of Colorado, without giving effect to any principles or conflicts of laws.

Links to Third Party Websites

This Website may contain links to other sites that are neither owned nor operated by DWHL (although some such sites may have an affiliation with DWHL) (collectively, "Third Party Sites"). Such links are provided for your convenience only. DWHL makes no representations whatsoever about any Third Party Sites which you may access through this Website, as DWHL has no control over the content appearing on such Third Party Sites. Moreover, a link to a Third Party Site does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content on, or the use of, such Third Party Site. No rights to use or copy the information on this Website or the Third Party Site is granted or implied. Please Note: The privacy policies applicable to Third party Sites may differ significantly from DWHL Customer Information Privacy Policy. You are encouraged to review the applicable privacy policies of such Third Party Sites.

Miscellaneous

The terms and Conditions constitute the entire agreement between you and DWHL with respect to this Website. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and DWHL with respect to this Website. No modification of the Terms and Conditions shall be effective unless it is authorized by DWHL. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.


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