Terms & Conditions
Welcome to DJBENNETT.COM.
This Web Site is provided and managed by DJB Holding LLC ("DJB Holding"). By visiting this Web Site, and/or using the services offered on or through this Web Site, you agree to the terms stated below and found throughout the Web Site, collectively known as "Terms and Conditions". If you are not in agreement with these terms, please exit this website.
DJB Holding reserves the right to amend the terms and conditions on this website from time to time. By using this Web Site after any such change, you agree to comply with, and be bound by, the Terms as changed.
Accuracy of Information
The information, material and product descriptions on this Web Site are presented as accurately as possible. However, to the extent permissible by law, DJB Holding does not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free.
Products and Services for Personal Use
DJBENNETT.COM products shown and described on this Site are representative of the DJBENNETT.COM collection. All products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. Not all DJBENNETT.COM products are shown in this Site. The style, designs and colors of the DJBENNETT.COM products shown in this Site may be changed without notice. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
DJB Holding allows you to create an account at this Site if you are over eighteen (18) years of age. If you are not 18 years of age or above, please exit this Site immediately. If you are over eighteen (18) years of age and do register, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You are also responsible for keeping such information current, complete, accurate and truthful. On creating an account, you agree that you are responsible for all activities that occur under your account, username and/or password. If you are accessing and using the Site on someone else's behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and if you do not have such authority, you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use.
DJB Holding reserves the right to terminate accounts and/or refuse service without prior notice upon violation of these Terms and Conditions and/ or upon our sole discretion. You have the right to terminate your account with DJB Holding at any point of time. If you require assistance with your account or wish to review the Personal Information contained within your user account, you may contact our customer service department. You will be required to verify your identity before assistance will be provided.
Third Party Links
This Site may contain links to other websites. DJB Holding is not responsible for the content or material contained in or obtained through any such sites. Links appearing on the Site are for convenience only and are not an endorsement by DJB Holding. Your linking to or from any off-website pages or other websites is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit. No linking to this Site is permitted without DJB Holding’ prior written permission. Submissions
You agree that any and all inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") are neither confidential nor proprietary to you. All submissions become the property of DJB Holding upon submission. By making a submission, you give DJB Holding all rights, title and interests, including copyrights, in the submission. You also acknowledge that you have no claims on your Submission on submission to DJB Holding and that we may use your Submission, and any ideas, concepts or know how contained therein, without compensation in any form, for any purpose. DJB Holding is however, not obliged to use your Submissions for any purpose. You warrant that all information contained within your Submission is completely your own and not in violation of any right of any third party. You further warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission.
Intellectual Property Protection
This Web Site as a single entity, and all the material contained on this Web Site, is protected by copyright and intellectual property rights. This includes but is not limited to logos, trademarks, images, audio and video clips, text, software, and trademarks. The material compiled, organized and presented on this Web Site is the property of DJB Holding and is protected by United States laws, including laws governing copyrights and trademarks. In exclusion of the limited licenses given below, or as under the applicable law, DJB Holding does not allow the replication, duplication, selling, re-selling, access, modification or exploitation in any form of the material on this Web Site without our prior written consent.
DJB Holding grants you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license is intended only for personal use and does not include the right to: (a) frame or utilize framing techniques to enclose the Site or any portion thereof; (b) make any use of the Site or any and/or all Content other than personal use; (c) republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site); (d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other "hidden text" utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site.
We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this section without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
Special Features, Functionality, Offers and Events
Representations and Warranties; Limitation of Liability
This site is presented on an "as is" and "as available" basis. DJB Holding makes no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, and expressly disclaims any representations and warranties except to the extent that such representations and warranties are not legally excludable.
You agree that you are using this Site at your own risk and to the fullest extent permitted by applicable law, DJB Holding will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites; (f) any inaccuracies or omissions in content; or (g) events beyond our reasonable control.
You give us your explicit consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which these Terms and Conditions refer, from us electronically including and without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you wish to withdraw your consent to receive Notices electronically, you must notify us of the same by contacting our customer service desk and simultaneously discontinue your use of this Site. DJB Holding is not in a position to allow any user to benefit from this Site without having their consent to receive Notices electronically.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE POLICY Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
- Identification of the copyrighted work(s) that you claim has been infringed;
- A description of the material that you claim is infringing and the location of that material on the Site;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement by you, made under penalty of perjury, that the above information in your notice is accurate