1. Grant of License.
2.1 Use of Website, Trademarks.
Except as expressly set forth in Section 1, DQ grants no rights to use the Website. You shall not use the Website or any Materials for resale to, or the benefit of, any other person or entity. You shall not use the Website or use, transfer, distribute or dispose of any Materials in any manner that could compete with the business of DQ as presently conducted or contemplated to be conducted. In addition, you shall not use, any trademark, trade name or service mark of DQ or associated with the Website without DQ’s express prior written consent.
2.2 Confidentiality of Materials.
The Materials have been prepared solely for visitors to the Website and they contain proprietary information of DQ. You acknowledge that disclosure of the Materials would cause substantial, irreparable harm to DQ. You shall keep strictly confidential and not disclose any Materials (whether or not such Materials have been designated as confidential) or the information contained therein except to the extent: (a) disclosure of such Materials is required by law or regulation; (b) the Materials were previously known to you (other than as a result of a disclosure by DQ); or (c) the Materials become publicly known, other than as a result of your act or omission. In the event you are required by law or regulation to disclose any Materials, you shall promptly notify DQ in writing, which notification shall include the nature of the legal or regulatory requirement and the extent of the required disclosure, and you shall cooperate with DQ to preserve the confidentiality of the Materials to the extent consistent with applicable law or regulation.
2.3 No Use for Spam.
You shall not use the Materials in any unsolicited mailings (e-mail or otherwise). You will not use the Website to send any unsolicited mailings (e-mail or otherwise).
2.4 No Use in Contravention of Law.
You shall not use Website or any Materials in contravention of any applicable law or regulation (including securities laws and regulations), or for any illegal purpose. DQ reserves the right to report to appropriate law enforcement officials, regulators or other third parties any activity that may violate any applicable law or regulation. DQ may access and disclose to law enforcement officials, regulators or other third parties any information DQ considers appropriate.
2.5 Export Control.
DQ does not determine whether or not the Website or any Materials may be accessed or used outside the United States, and makes no representation regarding the use of the Website or transmission of any Materials outside the United States. If you choose to use the Website from outside the United States, you must determine that your use of the Website complies with all applicable laws and regulations. You shall not use the Website, or transmit or transport any Materials to Cuba, Iraq, Libya, North Korea, Iran, Syria, the Sudan or any other country to which the United States has embargoed goods or to anyone on the U.S. Treasury Department’s Table of Deny Orders.
2.6 No Abusive Use.
2.7 Other Prohibited Conduct.
You shall not: (i) download any information that you know, or reasonably should know, has not been lawfully posted or distributed; (ii) falsify or delete any author attributions or proprietary or legal notices; or (iii) use the Materials to harvest or otherwise collect information about others, including e-mail addresses, without their consent.
3. Provision of the Website and the Website Materials.
3.1 Termination and Modification of Website.
DQ retains the right to stop making the Website available at any time, without notice to you, permanently or periodically, at its sole discretion. DQ retains the right to add, delete, change or modify the Materials and/or any other features or services of the Website at any time, without notice to you, at its sole discretion. DQ may establish rules and limits concerning the amount, manner and duration of use of the Website.
3.2 Account Termination.
3.3 No Responsibility for Third Party Websites.
The Website may contain links to third-party websites not under the operation or control of DQ. DQ provides such links as a convenience only and does not endorse and shall not be responsible for the contents of any linked websites. You should review the terms and conditions posted on any linked website before using any services offered by third parties on such sites.
4. User Requirements
4.1 Password Security.
4.2 Incident Reporting.
4.3 Intellectual Property Rights.
You shall not have the right to link to any page of the Website or to present the Website or the Materials within another website (“Framing”) without DQ’s express written permission. Requests for permission should be sent via email to: email@example.com.Term; Termination.
4.7 Effect of Termination.
5.1 Security of Transmissions.
DQ uses commercially reasonable efforts to protect information on and off-line, including restricting the provision of information on a need-to-know basis. Notwithstanding the foregoing, no on-line or off-line security system is 100% secure, and DQ disclaims all liability resulting from inadvertent disclosure of any information.
5.2 IP Logging; Cookies.
The Website logs IP addresses and browser types. The Website does not currently link IP addresses and browser types to any personally identifiable information. A cookie is a small data string used to deliver personalized web content, and may be used to control access to the Website. The cookies used through the website are not designed to compromise the data on your hard drive. You can change your browser settings to disable cookies if you do not want DQ to establish and maintain user information through cookies, but cookies may be necessary to use certain functionality of the Website.
5.3 Personal Information.
DQ may collect and store non-public personal information it receives from you through the Website or other forms received from you. DQ shall use the information solely for the purpose(s) for which it is submitted, or as necessary to provide you services through the Website, including your e-mail address to send you invitations and other related information regarding DQ and its Related Parties from time to time.
DQ may also disclose non-public personal information about you to third parties as permitted by law. If you prefer that we not disclose non-public personal information about you to non-affiliated third parties or DQ affiliates, you may opt out of those disclosures (other than those disclosures either permitted by law) by sending an e-mail indicating that you wish to do so to firstname.lastname@example.org.
In addition, DQ shall have the right to transfer non-public personal information in connection with a sale of the business to which it relates.
5.4 European Users.
If you are a resident of a Member State of the European Union, you acknowledge that any personal information provided by you to or through the Website shall be transmitted to and processed in countries outside the European Union that do not provide an adequate level of protection for the privacy of personal information as determined by the European Commission, and you hereby consent to such transmission and processing and waive any rights you may have under any such member state implementing legislation with respect to all such data, to the extent possible.
6. Disclaimers; limitations of liability.
6.1 MATERIALS PROVIDED AS-IS.
THE WEBSITE AND THE MATERIALS ARE PROVIDED “AS-IS” AND “AS-AVAILABLE.” DQ, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, MANAGERS, AFFILIATES, AGENTS, SUBCONTRACTORS, AND SUPPLIERS (COLLECTIVELY, “RELATED PARTIES”) MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THE WEBSITE OR THE MATERIALS, INCLUDING THOSE OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. DQ AND ITS RELATED PARTIES MAKE NO WARRANTY THAT ACCESS TO THE WEBSITE OR THE MATERIALS WILL BE UNINTERRUPTED, OR THAT THE WEBSITE OR THE MATERIALS WILL BE COMPATIBLE WITH YOUR EQUIPMENT, COMPLETE, ACCURATE, TIMELY OR ERROR FREE OR FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL, INVASIVE OR CORRUPTED FILES OR DATA.
6.2 NO LIABILITY.
YOU AGREE THAT DQ AND ITS RELATED PARTIES SHALL HAVE NO LIABILITY TO YOU, AND YOU WAIVE AND RELEASE DQ AND ITS RELATED PARTIES FROM ANY AND ALL CLAIMS YOU MAY HAVE AT ANY TIME RELATING TO OR ARISING OUT OF ANY INJURY OR DAMAGES SUFFERED IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE OR THE MATERIALS, WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF DQ OR ANY RELATED PARTY. IN THE EVENT APPLICABLE LAW DOES NOT ALLOW OR WILL NOT GIVE EFFECT TO THE FOREGOING LIMITATION OF LIABILITY WITH RESPECT TO ANY TYPE OF LOSS OR DAMAGE, DQ’S AND ITS RELATED PARTIES’ TOTAL AGGREGATE LIABILITY WITH RESPECT TO ALL SUCH TYPES OF DAMAGES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU (IF ANY) FOR USE OF THE WEBSITE OR THE MATERIALS.
6.3 NO CONSEQUENTIAL DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DQ OR ITS RELATED PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE WEBSITE OR THE MATERIALS, INCLUDING DAMAGES FOR LOSS OF GOODWILL, LOST DATA, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
6.4 THIRD PARTY CONTENT AND SOFTWARE.
DQ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF OR RELATED TO CONTENT PROVIDED BY ANY THIRD PARTY THAT IS ACCESSED THROUGH THE WEBSITE AND/OR ANY MATERIAL LINKED THROUGH THE WEBSITE. DQ MAKES NO WARRANTY AS TO ANY THIRD PARTY SOFTWARE INCLUDED IN OR ACCESSED THROUGH THE WEBSITE.
6.5 BASIS OF THE BARGAIN.
YOU ACKNOWLEDGE THAT DQ HAS ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE DISCLAIMERS AND LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION 9 AND THAT THESE PROVISIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
Any notices to be provided to DQ hereunder shall be effective upon receipt and sent to:
7.2 Waiver; Amendment.
These Terms and Conditions constitute the entire agreement between the parties relating to the Website and the Materials and supersedes any prior understandings, agreements, or representations by or between the parties, written or oral, to the extent they relate in any way to the subject matter hereof.
7.6 Choice of Law; Consent to Jurisdiction.
7.7 Dispute Resolution.
7.8 Injunctive Relief.
7.10 Scope of Relationship.
The relationship between the parties is that of independent contractors and neither party shall have any authority to bind the other in any way.
7.11 No Third Party Beneficiaries.
8. Return Policy
8.1 Merchandise returned within 15 days of purchase with a valid receipt may be exchanged for merchandise of equal price or a store credit valid for 3-months provided that such returned merchandise is returned in its original packaging, unused, unaltered and without blemish or mark (as determined by duncan quinn in its absolute discretion).
8.2 Notwithstanding the foregoing, any sale merchandise or merchandise which has been customized or altered in accordance with a customer’s instructions may not be returned and the sale thereof shall be final. Alteration charges will be made for all alterations requested by a customer in accordance with store policy.
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