DONNARDS.COM Terms & Conditions
DONNARDS.COM.COM TERMS AND CONDITIONS OF USE
The DONNARDS.COM.com web site (the “Web Site”) is provided by DONNARDS.COM (“DONNARDS.COM”, “we” or “us”). These terms and conditions govern anyone who accesses or uses the Web Site (“you” or “your”).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU USE THE WEB SITE. YOUR USE OF THE WEB SITE CONFIRMS YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE WEB SITE.
1.Web Site Content.
The features, content, specifications, products and prices of products and services described or depicted on Web Site may be changed by us at any time without notice. Any weights, measurements and similar descriptions that we provide on the Web Site are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of the products we feature on the Web Site, including the applicable sizes, designs and colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. In addition, we may make changes in information about price and availability without notice. The inclusion of any products or services on the Web Site at a particular time does not mean that these products or services will be available at any time on the Web Site.
2.Accuracy of Information.
We attempt to ensure that information on the Web Site is complete, accurate and current. Despite our efforts, information on the Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation that any information on the Web Site is accurate, complete and current.
3.Order and Shipment Limitations.
While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or reject an order. We also may require verification of information you submit prior to the acceptance and/or shipment of any order. When your order is accepted you are agreeing to the terms and conditions of DONNARDS.COM’s return policy. Your order will then be shipped to the address designated by you as long as that shipping address is compliant with the shipping restrictions contained on the Web Site. All purchases from the Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
4.Use of the Web Site.
The design of the Web Site and all text, graphics, photographs, images, artwork, designs, information, content, and other material displayed on or that can be downloaded from the Web Site are owned or licensed by DONNARDS.COM.com, and are protected by copyright, trademark and other laws and may not be used by you except as permitted in these Terms and Conditions. We own or license all content on our Web Site. We also own comments, feedback, suggestions, ideas and other communications submitted by you in connection with your use of the Web Site (except your “Personal Information” as defined in our Privacy Policy). You may not modify the information or materials displayed on or that can be downloaded from the Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use by you of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
5.Trademarks.
Some of the trademarks, trade names, service marks and logos used or displayed on the Web Site are registered and unregistered trademarks, trade names and service marks of DONNARDS.COM and/or its parent and affiliated companies. Other trademarks, trade names and service marks used or displayed on the Web Site are the registered and unregistered trademarks, trade names and service marks of third parties. Nothing contained on the Web Site grants you or should be construed as granting you, by implication, estoppel, or otherwise, any license or right to use any of the trademarks, trade names, service marks or logos displayed on the Web Site without our written permission or the applicable third party owner.
6.Linking to the Web Site.
You may not create or maintain a link from another web site to any page on the Web Site without our prior written permission. Running or displaying the Web Site or any information or material displayed on the Web Site in frames or through similar means on another web site without our prior written permission is also prohibited. If we grant permission, any permitted links to the Web Site must comply will all applicable laws, rule and regulations.
7.Third Party Links.
From time to time, the Web Site may contain links to web sites that are not owned, operated or controlled by DONNARDS.COM or its parent and/or affiliated companies. All such links are provided solely as a convenience to you. If you use these links, you will leave the Web Site. We are not responsible for any content, materials or other information located on or accessible from any other web site. We do not endorse, guarantee, or make any representations or warranties regarding any other web site, or any content, materials or other information located or accessible from any other web site, or the results that you may obtain from using any other web site. If you decide to access any other web site linked to or from the Web Site, you do so entirely at your own risk.
8.Inappropriate Material.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Web Site. We will fully cooperate with any law enforcement authorities, court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
9.User Information.
Other than personally identifiable information, which is subject to the Web Site’ Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to the Web Site in any manner (“User Communications”) is and will be considered non-confidential and non-proprietary. We and our designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.
10.DISCLAIMERS.
YOUR USE OF THE WEB SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEB SITE ARE PROVIDED TO YOU”AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER DONNARDS.COM NOR OR ITS PARENT OR AFFILIATED COMPANIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER DONNARDS.COM OR NOR ITS PARENT OR AFFILIATED COMPANIES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DONNARDS.COM, INCLUDING ITS PARENT AND AFFILIATED COMPANIES, HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
11.LIMITATIONS OF LIABILITY.
Neither DONNARDS.COM, nor its parent or affiliated companies, assume any responsibility, and will not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Web Site, or your downloading of any information or materials from the Web Site. IN NO EVENT WILL DONNARDS.COM OR ITS PARENT OR AFFILIATED COMPANIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, SUBSIDIARIES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEB SITE, ANY WEB SITES LINKED TO THE WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE WEB SITE.
12.Revisions to these Terms and Conditions.
We may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of the Web Site.
13.Choice of Law; Jurisdiction.
These Terms and Conditions supersede any other agreement between you and DONNARDS.COM to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the state of California, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the Web Site will be brought only in the courts of the state of Ohio or the United States District Court for the Northern District of Ohio. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
14.Termination.
We may suspend or terminate your account or your use of the Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Web Site at any time without notice.
15.Additional Assistance.
If you do not understand any of the Terms and Conditions or if you have any questions or comments, please contact one of our Customer Service Representatives by e-mail at admin@DONNARDS.COM.com or by phone at 216.332.0994. Notification of Copyright Infringement Claims. If you believe that your copyright has been infringed by any content on the Web Site, please notify us in writing:
Donnard’s
Attention: Copyright Claims
23480 Aurora Rd.,
Suite 4
Cleveland, OH 44146
USA
To enable us to investigate your alleged infringement or violation, please include the following in your notice:
- (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- (2) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- (4) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- (5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- (6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DONNARDS.COM.com will investigate claims of copyright infringement upon receipt of proper notice and will take appropriate actions as required or permitted by law. Please be aware that, under applicable law, anyone who knowingly materially misrepresents that any material or activity is infringing, or that any material or activity was removed or disabled by mistake or misidentification, may be liable for damages to those who are injured by such misrepresentation.
Last updated August 2016.
