Conditions of Use
Welcome to
DWD2.com. DWD2.com and its affiliates provide their services to you subject to
the following conditions. If you visit or shop at DWD2.com, you accept these
conditions. Please read them carefully. In addition, when you use any current or
future DWD2.com service , or visit or purchase from any business affiliated with
DWD2.com, whether or not included in the DWD2.com Web site, you also will be
subject to the guidelines and conditions applicable to such service or business.
Privacy
Please review our Privacy Notice, which also governs your visit to DWD2.com, to
understand our practices.
Electronic Communications
When you visit DWD2.com or send e-mails to us, you are communicating with us
electronically. You consent to receive communications from us electronically. We
will communicate with you by e-mail or by posting notices on this site. You
agree that all agreements, notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirement that such
communications be in writing.
Copyright
All content included on this site, such as text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations, and software, is the
property of DWD2.com or its content suppliers and protected by United States and
international copyright laws. The compilation of all content on this site is the
exclusive property of DWD2.com and protected by U.S. and international copyright
laws. All software used on this site is the property of DWD2.com or its software
suppliers and protected by United States and international copyright laws.
Trademarks
DWD2, DWD2.COM, DWD2, Inc. and other marks indicated on our site are
registered trademarks of DWD2.com, Inc. or its subsidiaries, in the United
States and other countries. DWD2.com graphics, logos, page headers, button
icons, scripts, and service names are trademarks or trade dress of DWD2.com,
Inc. or its subsidiaries. DWD2.com's trademarks and trade dress may not be used
in connection with any product or service that is not DWD2.com's, in any manner
that is likely to cause confusion among customers, or in any manner that
disparages or discredits DWD2.com. All other trademarks not owned by DWD2.com or
its subsidiaries that appear on this site are the property of their respective
owners, who may or may not be affiliated with, connected to, or sponsored by
DWD2.com or its subsidiaries.
License and Site Access
DWD2.com grants you a limited license to access and make personal use of this
site and not to download (other than page caching) or modify it, or any portion
of it, except with express written consent of DWD2.com. This license does not
include any resale or commercial use of this site or its contents; any
collection and use of any product listings, descriptions, or prices; any
derivative use of this site or its contents; any downloading or copying of
account information for the benefit of another merchant; or any use of data
mining, robots, or similar data gathering and extraction tools. This site or any
portion of this site may not be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial purpose without express
written consent of DWD2.com. You may not frame or utilize framing techniques to
enclose any trademark, logo, or other proprietary information (including images,
text, page layout, or form) of DWD2.com and our affiliates without express
written consent. You may not use any meta tags or any other "hidden text"
utilizing DWD2.com's name or trademarks without the express written consent of
DWD2.com. Any unauthorized use terminates the permission or license granted by
DWD2.com. You are granted a limited, revocable, and nonexclusive right to create
a hyperlink to the home page of DWD2.com so long as the link does not portray
DWD2.com, its affiliates, or their products or services in a false, misleading,
derogatory, or otherwise offensive matter. You may not use any DWD2.com logo or
other proprietary graphic or trademark as part of the link without express
written permission.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of
your account and password and for restricting access to your computer, and you
agree to accept responsibility for all activities that occur under your account
or password. DWD2.com does not sell products for children. If you are under 18,
you may use DWD2.com only with involvement of a parent or guardian. DWD2.com and
its affiliates reserve the right to refuse service, terminate accounts, remove
or edit content, or cancel orders in their sole discretion.
Reviews, Comments, Communications and Other Content
Visitors may post reviews, comments, and other content; submit suggestions,
ideas, comments, questions, or other information, so long as the content is not
illegal, obscene, threatening, defamatory, invasive of privacy, infringing of
intellectual property rights, or otherwise injurious to third parties or
objectionable and does not consist of or contain software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings, or any form
of "spam." You may not use a false e-mail address, impersonate any person or
entity, or otherwise mislead as to the origin of a card or other content.
DWD2.com reserves the right (but not the obligation) to remove or edit such
content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you
grant DWD2.com and its affiliates a nonexclusive, royalty-free, perpetual,
irrevocable, and fully sub licensable right to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, and display such
content throughout the world in any media. You grant DWD2.com and its affiliates
and sublicenses the right to use the name that you submit in connection with
such content, if they choose. You represent and warrant that you own or
otherwise control all of the rights to the content that you post; that the
content is accurate; that use of the content you supply does not violate this
policy and will not cause injury to any person or entity; and that you will
indemnify DWD2.com or its affiliates for all claims resulting from content you
supply. DWD2.com has the right but not the obligation to monitor and edit or
remove any activity or content. DWD2.com takes no responsibility and assumes no
liability for any content posted by you or any third party.
Risk of Loss
All items purchased from DWD2.com are made pursuant to a shipment contract. This
means that the risk of loss and title for such items pass to you upon our
delivery to the carrier.
Product Descriptions
DWD2.com and its affiliates attempt to be as accurate as possible. However,
DWD2.com does not warrant that product descriptions or other content of this
site is accurate, complete, reliable, current, or error-free. If a product
offered by DWD2.com itself is not as described, your sole remedy is to return it
in unused condition.
Disclaimer of Warranties and Limitation of Liability
This site is provided by dwd2.com on an "as is" and "as available" basis.
Dwd2.com makes no representations or warranties of any kind, express or implied,
as to the operation of this site or the information, content, materials, or
products included on this site. You expressly agree that your use of this site
is at your sole risk.
To the full extent permissible by applicable law, dwd2.com disclaims all
warranties, express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose. Dwd2.com
does not warrant that this site, its servers, or e-mail sent from dwd2.com are
free of viruses or other harmful components. Dwd2.com will not be liable for any
damages of any kind arising from the use of this site, including, but not
limited to direct, indirect, incidental, punitive, and consequential damages.
Certain state laws do not allow limitations on implied warranties or the
exclusion or limitation of certain damages. If these laws apply to you, some or
all of the above disclaimers, exclusions, or limitations may not apply to you,
and you might have additional rights.
Applicable Law
By visiting DWD2.com, you agree that the laws of the state of California,
without regard to principles of conflict of laws, will govern these Conditions
of Use and any dispute of any sort that might arise between you and DWD2.com or
its affiliates.
Disputes
Any dispute relating in any way to your visit to DWD2.com or to products you
purchase through DWD2.com shall be submitted to confidential arbitration in
Orange County, California, except that, to the extent you have in any manner
violated or threatened to violate DWD2.com's intellectual property rights,
DWD2.com may seek injunctive or other appropriate relief in any state or federal
court in the state of California, and you consent to exclusive jurisdiction and
venue in such courts. Arbitration under this agreement shall be conducted under
the rules then prevailing of the American Arbitration Association. The
arbitrator's award shall be binding and may be entered as a judgment in any
court of competent jurisdiction. To the fullest extent permitted by applicable
law, no arbitration under this Agreement shall be joined to an arbitration
involving any other party subject to this Agreement, whether through class
arbitration proceedings or otherwise.
Site Policies, Modification, and Severability
Please review our other policies posted on this site. These policies also govern
your visit to DWD2.com. We reserve the right to make changes to our site,
policies, and these Conditions of Use at any time. If any of these conditions
shall be deemed invalid, void, or for any reason unenforceable, that condition
shall be deemed sever able and shall not affect the validity and enforceability
of any remaining condition. |