|
|
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.
|
|
|
|