DEED IN REDUCTION, LLC
TERMS AND CONDITIONS
Deed in Reduction, LLC (“DIR”) offers the Use (as defined below) of this
website, subject to the following terms and conditions (“Terms and Conditions”).
The viewer or user (collectively, the
“User”) should read these Terms and Conditions carefully before using this
website. By continuing to view and use
this website, the User agrees to these Terms and Conditions.
If the User does not agree to the Terms
and Conditions set forth herein or otherwise on the website, the User must not
use it. DIR retains the right to change
the content of the website or these Terms and Conditions at any time.
Any changes made to these Terms and
Conditions shall be effective immediately upon posting.
The User’s continued use of the website
constitutes acceptance of those changes.
The situating of this website on the World Wide Web and/or Internet constitutes
a continuing offer by DIR to the User to use, as such term is defined below, the
website according to the Terms and Conditions. By
utilizing the website in any manner, including, without limitation, by viewing
the same (collectively, a “Use”), the User accepts that offer and creates a
binding contract between the two parties to adhere to the same.
The parties stipulate that sufficient
consideration exists to create that contract, and that it is therefore binding
upon them. Further, by its Use of this
website, the User makes the material representation upon which he wishes DIR to
rely that he will adhere to the Terms and Conditions in connection with the
User’s Use of the website. If the User
is dissatisfied with any of the Terms and Conditions, the User’s sole and
exclusive remedy is to discontinue using this website.
Finally, by his Use of this website, the
User also stipulates that a violation of any of the Terms and Conditions will
result in irreparable harm to DIR not compensable in money damages, such that,
without limitation, injunctive relief shall be a necessary and appropriate
remedy.
This website contains images and contents, including but not limited to images,
photographs, website text, software, pictures, graphics, data, messages or any
and all other information controlled by the website (collectively, “Materials”).
General Disclaimer.
Nothing contained on this website shall constitute legal advice nor be
construed as a representation to be reasonably relied upon.
In no event shall anything on the
website be construed either to create a duty of care or to constitute a
representation by DIR of any sort to be relied upon by the User in any manner
whatsoever. An attorney-client
relationship is not created by a User accessing the website or purchasing the
materials on the website.
Access to Website - Limited License.
DIR grants the User a limited
non-exclusive license to make personal Use of the website and not to download
(other than page caching) or modify any portion of the website without the DIR’s
express prior written consent. The User
is also granted a limited license to print copies of any Materials posted at the
website, but only for the User’s personal use. Except
as expressly provided, all rights are reserved.
Commercial use of any of the Material is strictly prohibited.
DIR may terminate this license at any
time by amendment of these Terms and Conditions.
User Conduct.
By utilizing this website, the User
makes the material representation upon which the User wishes DIR to reasonably
rely, that he will comply with the code of conduct set forth below:
•(a) The User, when utilizing the
website, will not do so in an unauthorized manner, or in a manner which violates
any legal or regulatory proscription or duty, including, without limitation,
violating DIR’s Intellectual Property, as defined below, or that of another;
•(b) The User will not utilize this
website in a manner that is harmful to DIR or any other person or entity;
•(c) The User will not restrict any
other visitor from properly using the website, including without limitation, by
way of “computer hacking” or otherwise altering the software or functionality of
the website and its underlying programs;
•(d) The User will not revise, modify,
reverse engineer or in any way alter any portion of the website or its contents;
•(e) The User will not utilize any
device to enable him to circumvent the structure of the website and/or spam or
flood the site;
•(f) The User will not collect any
information about visitors to the website without DIR’s express permission to do
so; and
•(g) The User will not create a database
utilizing any information found within the website.
Copyrights; Restrictions On Use.
The Materials on the website are
copyrighted by DIR, its affiliates or its licensors under
Communications.
Any communications, including, without
limitation, e-mails, pictures, graphics and/or other material sent directly (or
by “cc” or otherwise) to DIR or any of its officers, employees or agents and any
postings to this website shall become DIR’s property upon the transmission of
the same. User grants the perpetual and
irrevocable right to both publicly or non-publicly utilize the same, including
the identifying information contained therein, in any manner whatsoever, at no
charge.
Notices.
All notices or other communications to
DIR, if any, that are to be given under these Terms and Conditions must be in
writing, which shall be given by delivery to the address set forth below by way
of either personal delivery, certified mail, return receipt requested, two-day
mail or overnight mail by a commercial carrier.
Notices to DIR shall be deemed given only upon receipt.
Notices to DIR may also be given by
electronic mail, provided that it is followed by an exact copy by either regular
mail, personal delivery, certified mail, return receipt requested or two-day
mail or overnight mail by a commercial carrier to the same addresses set forth
above. Notices to DIR shall be addressed as set forth below unless it changes
the address in writing by updating these Terms and Conditions.
The address for giving notice to DIR is
as follows:
Deed In Reduction, LLC
Suite 300-B
Notices to User shall be provided by DIR via email or any other address which
DIR reasonably believes to be associated with the User.
Indemnification.
The User agrees to indemnify, hold
harmless and defend DIR, its affiliates, and any members, directors, officers,
employees or agents (collectively, “DIR Parties”) of any of the foregoing with
respect to any claim, demand, cause of action, debt, liability, damages, costs
or expenses, including reasonable attorneys’ fees and expenses, arising from any
third-party claim relating to (a) infringement of any intellectual property of
any person or entity, including without limitation, patents, trade secrets,
copyrights, trademarks, service marks, trade names or similar proprietary
rights; (b) any failure by the User to comply with these Terms and Conditions,
specifically including the “User Conduct” as set forth above; (c) the User’s use
of this website and engagement in transactions on the website; and/or (d) any
negligent act or omission or willful misconduct on the part of the User that
results in a claim for breach of any representations, warranties or covenants
made herein against any of DIR Parties.
Attorney’s Fees.
In the event of a breach of these Terms
and Conditions, or any other agreement or other terms and conditions set forth
by DIR to which the User is bound, DIR may institute a lawsuit or arbitration
for damages in its sole discretion. DIR
shall be entitled to recover all costs including both actual pre-judgment and
post-judgment attorney’s fees and costs, involved directly or indirectly in its
enforcement efforts, whether or not it does so through institution of formal
legal proceedings.
Privacy.
Please refer to DIR’s privacy policy.
The User is bound to the terms contained
therein.
DISCLAIMER.
User explicitly agrees that Use
of this website or any of the Materials contained herein is at his own and sole
risk. This website and all Materials
contained herein are provided “as is” without warranty of any kind, either
express or implied, including but not limited to, any implied warranties of
merchantability, fitness for a particular purpose, title or non-infringement.
Neither this website nor DIR makes any
representations or warranties that this website or any Materials contained
herein will be uninterrupted, timely, secure or error free; nor does this
website make any representations or warranties as to the quality, fitness,
truth, accuracy or wholeness of this website or any of the Materials contained
herein. The User also understands and
agrees that any material and/or data downloaded or otherwise obtained through
the Use of this website or any of the Materials contained herein is done at his
own discretion and risk and that the User will be solely responsible for any
damage to its computer system or loss of data that results from the download of
such material and/or data. The User
understands that DIR cannot and does not guarantee or warrant that files
available for downloading from the Internet will be free of viruses, worms,
Trojan horses or other code that may manifest contaminating or destructive
properties. DIR makes no warranty
regarding any use of confidential or private information that User may provide.
DIR may change any of the Terms and Conditions and/or information found at this
website at any time without notice. DIR makes no commitment to update the
information found on this website. DIR makes no commitment to update the
Materials. The warranties and
representations set forth in these Terms and Conditions are the only warranties
and representations with respect to these Terms and Conditions, and are in lieu
of any and all other warranties, written or oral, express or implied, that may
arise either by agreement between the parties or by operation of law, including
warranties of merchantability and fitness for a particular purpose.
None of these warranties and
representations will extend to any third person.
Some jurisdictions do not allow the elimination of certain warranties,
so some of the above exclusions may not apply to the User.
Dispute Resolution.
A party to these Terms and Conditions
may not institute a suit at law or equity regarding any dispute, whether
directly or indirectly related or collateral to these Terms and Conditions.
All such claims or disputes, whether
between or among the parties, shall be submitted to arbitration administered by
a mutually acceptable arbitrator affiliated with the American Arbitration
Association and its rules and guidelines shall apply, or its International
Centre for Dispute Resolution, if applicable. Should
the parties be unable to agree upon an arbitrator, the arbitrator shall be
chosen by a determination of a court of competent jurisdiction. The arbitration
proceedings shall be in English. The
arbitrator shall have the authority to award any remedy or relief that a court
of the State of
Jurisdiction.
The User utilizing this website agrees
that the laws of the State of
Further Assurances.
The User covenants and agrees to perform
all acts and execute all supplementary instruments or documents which may be
requested by DIR to carry out the provisions and effectuate the intent of these
Terms and Conditions.
Severability.
If any portion of these Terms and
Conditions is ruled invalid or otherwise unenforceable, it shall be deemed
amended in order to achieve as closely as possible the same effect as originally
drafted. Any invalid or unenforceable portion shall be construed as narrowly as
possible in order to give effect to as much of the Terms and Conditions as
possible.
Links to Other Sites.
The User acknowledges and agrees that
DIR has no responsibility for the accuracy or availability of information
provided by websites to which you may link from the Site (“Linked Sites”).
By its Use of this website, the User represents that he has had the opportunity to review this provision with counsel of the User’s choosing, if the User wished to do so. The User further acknowledges that the User has thoroughly read these Terms and Conditions; understands that the User is giving up certain legal rights that may otherwise exist; has asked any questions the User desires to clarify its meaning; and believes it is in the User’s interest to nevertheless proceed with this transaction.
Returns. Any product in which shrink wrap seal has been broken will not be eligible for return.