Restrictions Regarding Materials
(a) All information, documents, software, images, photographs,
text, services and other similar materials (collectively,
'Materials') contained in this Website are provided
by Direct Brand or its third party manufacturers, authors,
developers and vendors ('Third Party Providers') and
are the copyrighted work of Direct Brandand/or the Third
Party Providers. Except as stated herein, none of the
Materials may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any
form or by any means, including, but not limited to,
electronic, mechanical, photocopying, recording, or
otherwise, without the prior express written permission
of Direct Brand or the Third Party Provider. No part
of the Website, including logos, graphics or images,
may be reproduced or retransmitted in any way, or by
any means, without the prior express written permission
of Direct Brand. You also may not, without Direct Brand's
prior express written permission, 'mirror' any Materials
contained on this Website on any other server.
(b)
Nothing on this Website shall be construed as conferring
any license under any of Direct Brand's or any Third
Party Provider's intellectual property rights, whether
by estoppels, implication, or otherwise. You acknowledge
sole responsibility for obtaining any such licenses.
(c)
Permission is granted to display, copy, distribute and
download Direct Brand's Materials on this Website provided
that: (1) both the copyright notice identified below
and this permission notice appear in the Materials,
(2) the use of such Materials is solely for personal,
non-commercial and informational use and will not be
copied or posted on any networked computer or broadcast
in any media, and (3) no modifications of any of the
Materials are made. This permission terminates automatically
without notice if you breach any of these terms or conditions.
Upon termination, you will immediately destroy any downloaded
or printed Materials. Any unauthorized use of any Materials
contained on this Website may violate copyright laws,
trademark laws, the laws of privacy and publicity, and
communications regulations and statutes.
(d)
Materials provided by Third Party Providers have not
been independently authenticated in whole or in part
by Direct Brand. Direct Brand does not provide, sell,
license, or lease any of the Materials other than those
specifically identified as being provided by Direct
Brand. Direct Brand is committed to respecting others'
intellectual property rights, and we ask our users to
do the same. Direct Brand may, in its sole discretion,
terminate the access rights of users who infringe or
otherwise violate others' intellectual property rights.
Links
to Third Party Sites
This Website may be linked to other websites which are
not under the control of and are not maintained by Direct
Brand. Direct Brand is not responsible for the content
of those sites. Direct Brand is providing these links
to you only as a convenience, and the inclusion of any
link to such sites does not imply endorsement by Direct
Brand of those sites.
User
Submissions and Information
(a) This Website will allow you to provide commentary,
suggestions, and Materials regarding the Website and
its content, use, functionality, appearance and operation
(collectively, 'Submissions'). Submissions provided
by you in connection with this Website shall be deemed
to be provided on a non-proprietary and non-confidential
basis. Direct Brand shall have no obligation of
any kind with respect to your Submissions and you grant
Direct Brand permission to display, re-format, use,
modify, adapt, enhance, translate, publish, and disseminate
such Submissions on an unrestricted basis for any purpose
at Direct Brand's sole discretion. However, this
does not apply to personal information which is discussed
below. You acknowledge that you are responsible
for your Submissions, and you, not Direct Brand, have
full responsibility for your Submissions, including
their legality, reliability, appropriateness, originality
and copyright.
b)
This Website will also allow you to communicate with
other users of this Website. As such, you must remember
that this is designed for honest, informative, and decent
dialogue with all users. Therefore, you will not use
any obscene, profane, indecent, or otherwise offensive
language. You will not threaten any individual(s) or
entity(ies) in any way. You will not hold yourself out
to be someone else (you may however identify yourself
by use of a nickname), or provide any false or misleading
information. And you will not defame or libel any individual,
entity or their products, goods or services.
(c)
We at Direct Brand are committed to respecting your
privacy and recognize your need for appropriate protection
and management of personally identifiable information
you share with us (any information by which you can
be identified, such as name, address, and telephone
number). That is why Direct Brand has established this
privacy policy, so that you can understand the care
with which we intend to treat your information. In general,
you can visit Direct Brand without telling us who you
are or revealing any personal information about yourself.
We track the Internet address of the domains from which
people visit us and analyze this data for trends and
statistics, but the individual user remains anonymous.
Some of our Web pages utilize 'cookies' so that we can
better serve you with more tailored information when
you return to our site. Cookies are identifiers
which a Website can send to your browser to keep on
your computer to facilitate your next visit to our site.
You can set your browser to notify you when you are
sent a cookie, giving you the chance to decide whether
or not to accept it. The information we collect
and analyze is used to improve our service to you.
(d)
There are times when we may collect personal information
from you. It is our intent to inform you before we do
that and to tell you what we intend to do with the information.
You will have the option not to provide the information,
and in the future you will be able to 'opt out' of certain
uses of the information. If you choose not to provide
the information we request, you can still visit most
of the Direct Brand Website, but you may be unable to
access certain options, offers, and services. We will
take appropriate steps to protect the information you
share with us from unauthorized access or disclosure.
Disclaimer
of Warranty
THE MATERIALS ON THE WEBSITE ARE PROVIDED 'AS IS' AND
ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND
WARRANTIES ARE DISCLAIMED BY DIRECT BRAND AND ITS THIRD
PARTY PROVIDERS. NEITHER DIRECT BRAND NOR ITS THIRD
PARTY PROVIDERS MAKE ANY REPRESENTATIONS, WARRANTIES,
OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH,
ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED
ON THE WEBSITE.
Limitations
of Liability
DIRECT BRAND SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED
AS A RESULT OF YOUR USE OF THIS WEBSITE OR YOUR USE,
MODIFICATION, SUBMISSION, COPYING, DISTRIBUTION, OR
DOWNLOADING OF THE MATERIALS. IN ADDITION, IN NO EVENT
SHALL DIRECT BRAND BE LIABLE TO YOU IN ASSOCIATION WITH
THE WEBSITE OR MATERIALS FOR ANY INDIRECT, PUNITIVE,
SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGE
(INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE,
DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER IT ARISES,
WHETHER FOR BREACH OF CONTRACT OR IN TORT, EVEN IF DIRECT BRAND HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE.
Local
Laws
Direct Brand controls and operates this Website from
its headquarters in Great Britain and makes no representation
that these Materials are appropriate or available for
use in other locations. If you use this Website from
other locations, you are responsible for compliance
with applicable local laws including but not limited
to the export and import regulations of other countries.
Unless otherwise explicitly stated, all marketing or
promotional materials found on this Website are solely
directed to individuals, companies or other entities
located in the United States.
General
(a) This Website could include inaccuracies or typographical
errors. Direct Brand and the Third Party Providers may
make improvements and/or changes in the products, services,
programs, and prices described in this Website at any
time without notice. Changes are periodically made to
the Website.
(b)
Direct Brand will have people from all over the United
States using this Website. So in order to ensure
consistency in the interpretation and enforcement of
these Terms, these Terms, the Website, and your use
of the Website will be governed in all respects by the
laws of England, (exclusive of its choice of law rules),
and the laws of Great Britain. In addition, any suit
brought by you in relation to these Terms, this Website,
or your use of the Website must be maintained in England,
and you submit to the personal jurisdiction of such
courts.
(c)
These Terms represent the entire understanding relating
to the use of the Website and prevail over any prior
or contemporaneous, conflicting, additional, or other
communications. Direct Brand can revise these Terms
at any time without notice or consent by updating this
posting.
(d)
In the event any or a portion of the provisions of these
Terms are held invalid, illegal or otherwise unenforceable
by a Court, such provision shall be deemed amended to
be valid, legal and enforceable to the fullest extent
permitted under applicable law, and the remaining provisions
of these Terms shall remain in full force and effect.
These Terms are binding upon you and your heirs, representatives,
successors and assigns. The headings of the several
articles and subdivisions of these Terms are inserted
solely for the convenience of reference and shall have
no further meaning, force or effect. No third party
shall be a beneficiary of any provision of these Terms,
except with the express written consent of Direct Brand.
Repair
Materials and Documents Disclaimer
All of the repair information, data, advice, instructions,
and other Troubleshooting materials are provided to
you free of charge ('Repair Materials'). As such, Direct
Brand does not make any representations or warranties
with respect to any Repair Materials or the results
you will achieve through their use. DIRECT BRAND DISCLAIMS
ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY
OR IN ANY COMMUNICATION WITH YOU OR OTHERWISE WITH RESPECT
TO THE REPAIR MATERIALS. Direct Brand is not, nor will
it be, liable for any personal or property injury, damage
and/or liability, whether in the form of direct, indirect,
consequential, special, exemplary or other damages,
arising out of your use of or reliance upon the Repair
Materials, or the acts or omissions of Direct Brand
in relation to the Repair Materials.
Purchasing
and Ordering Disclaimer
READ THESE TERMS. IN PURCHASING A PRODUCT YOU UNDERSTAND
AND AGREE TO THE TERMS BELOW. IF YOU DO NOT UNDERSTAND
AND AGREE WITH THESE TERMS THEN DO NOT PLACE AN ORDER
FOR A PRODUCT.
Pricing
ALL PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. EVERY
EFFORT HAS BEEN MADE TO ENSURE ACCURATE PRICING OF THE
PRODUCTS FEATURED ON OUR WEBSITE. IN THE EVENT A PART
OR ACCESSORY IS ORDERED AND THE LISTED PRICE HAS CHANGED,
YOU WILL BE NOTIFIED PRIOR TO OUR PROCESSING YOUR ORDER.
Purchase
'as is'
YOU AGREE THAT ALL PRODUCTS PURCHASED BY YOU THROUGH
THIS WEBSITE ARE PROVIDED UNDER WARRANTIES, IF ANY,
OF THE MANUFACTURER ONLY, AND NOT BY DIRECT BRAND. ALL
PRODUCTS ARE PROVIDED BY DIRECT BRAND 'AS IS' WITH NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND FROM DIRECT BRAND. DIRECT BRAND DISCLAIMS THE APPLICATION OF THE
UNIFORM COMMERCIAL CODE OR OTHER LAWS TO THE EXTENT
THEY ARE INCONSISTENT WITH OR CONFLICT WITH THESE RULES,
INCLUDING, BUT NOT LIMITED TO, ALL EXPRESS OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
Exclusive
Remedy
NOTWITHSTANDING THE FOREGOING, IF A PRODUCT DOES NOT
MEET A MANUFACTURER'S APPLICABLE WARRANTY, YOU MAY RETURN
THE PRODUCT TO DIRECT BRAND DURING THE WARRANTY PERIOD
AND RECEIVE A FULL REFUND OF ALL AMOUNTS PAID TO DIRECT BRAND FOR THE PRODUCT, EXCLUDING SHIPPING AND HANDLING
OR DELIVERY CHARGES, PROVIDED THE RETURN IS MADE WITHIN
ONE CALENDAR YEAR OF PURCHASE. THIS IS YOUR SOLE
AND EXCLUSIVE REMEDY FROM DIRECT BRAND FOR ANY DEFECT,
MALFUNCTION OR OTHER PROBLEM WITH THE PRODUCTS.
Your
Responsibility
DIRECT BRAND DAMAGE LIMITS. YOU HAVE SOLE RESPONSIBILITY
FOR USE OF THE PRODUCTS YOU PURCHASE THROUGH THIS WEBSITE.
IN NO EVENT SHALL DIRECT BRAND BE LIABLE TO YOU IN RELATION
TO THE PRODUCTS, OR YOUR USE, MISUSE OR INABILITY TO
USE THE PRODUCTS, FOR ANY (1) INDIRECT, PUNITIVE, SPECIAL,
EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING
LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER
ECONOMIC ADVANTAGE); OR (2) DIRECT DAMAGES IN EXCESS
OF THE AMOUNT YOU PAID DIRECT BRAND FOR THE APPLICABLE
PRODUCT.
Your
Representations
You represent that you are not a minor and that you
are not under any legal or other disability which limits
your ability to comply with these Terms or to install
and use the products you purchase with minimal risk
of harm to you or others. You further represent that
you are not purchasing the products for resale to others
and will not do so without Direct Brand's prior written
consent.
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