Dreamers Rods & Customs Website Agreement:
The Dreamers Rods & Customs (hereafter referred to as “DRC”) website (hereafter referred to as the “SITE”) is an online information service provided by DRC, subject to the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. DRC MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
Use of this SITE
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. DRC PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND DRC SHALL NOT BE LIABLE FOR ANY PRICING ERRORS, OR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. DRC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
LIMITATION OF LIABILITY IN NO EVENT WILL DRC BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF DRC OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, DRC’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
DRC makes no representations whatsoever about any other website which you may access through this one or which may link to this SITE. When you access a non-DRC website, please understand that it is independent from DRC, and that DRC has no control over the content on that website. In addition, a link to a DRC website does not mean that DRC endorses or accepts any responsibility for the content, or the use, of such website.
Terms of Use
By placing your order, you understand and agree to the following: Use of products sold by DRC is at the consumer’s own risk. Proper installation and proper use of all products must be followed for optimal safety and performance. DRC does not accept responsibility for improper use, alterations, and installation of any products manufactured and purchased from us.
Pricing
All prices are in US Dollars. Pricing does not include shipping unless otherwise noted. Pricing is subject to change without notice. DRC, Inc. is not responsible or obligated to honor any price or quantity misprint in the DRC Store. Errors can and do occur despite best efforts to avoid them. Prices, quantities and terms listed in the DRC Store are advertisements only. They are not offers to contract. Any purported purchases made by you on the SITE remain subject to review and acceptance by DRC.
Misprints
DRC is not responsible or obligated to honor any price or quantity misprint on the SITE. Errors can and do occur despite best efforts to avoid them. Prices, quantities and terms listed on the SITE are advertisements only. They are not offers to contract. Any purported purchases made by you on the SITE remain subject to review and acceptance by DRC.
State of Washington Sales Tax
State of Washington Sales Tax will be applied to all purchases made by customers who’s billing address or shipping address is within Washington. Washington Sales Tax will be applied to all purchases shipped within Washington. This applies to all customers from other states or countries who purchase products and have these products shipped to an address within Washington.
Copyright, Licenses and Idea Submissions
You may print and download portions of material from the different areas of the SITE solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to DRC a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the SITE (forums or newsgroups) or by e-mail to DRC by all means and in any media now known or hereafter developed. You also grant to DRC the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against DRC for any alleged or actual infringement or misappropriation of any proprietary right in your communications to DRC.
Miscellaneous
This Agreement shall all be governed and construed in accordance with the laws of the State of Washington applicable to agreements made and to be performed in Washington. You agree that any legal action or proceeding between DRC and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Washington. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. DRC’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. DRC may assign its rights and duties under this Agreement to any party at any time without notice to you.
Third Party Rights
The provisions of Section 2 (Use of the SITE), Section 3 (Terms of Use), Section 4 (Pricing), Section 5 (Misprints), Section 6 (State of Washington Sales Tax), Section 7 (Copyright, Licenses and Idea Submissions), and Section 8 (Miscellaneous) are for the benefit of DRC and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Termination of Agreement
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of Section 2 (Use of the SITE), Section 3 (Terms of Use), Section 4 (Pricing), Section 5 (Misprints), Section 6 (State of Washington Sales Tax), Section 7 (Copyright, Licenses and Idea Submissions), Section 8 (Miscellaneous), and Section 9 (Third Party Rights) shall survive any termination of this Agreement.
Reservation of Rights
Any rights not expressly granted herein are reserved.
COPYRIGHT NOTICE
Copyright 2018. Dreamers Rods & Customs, 5701 Evergreen Way, Everett WA 98203. All Rights Reserved.