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Terms
of Use
BY USING THE DRAPER'S AND DAMON'S WEBSITE, YOU AGREE TO FOLLOW AND BE BOUND
BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THE TERMS, YOU MAY NOT USE THE
SITE.
Changes
to Terms
Please read these
Terms regularly, as they may change at any time. By using the Site after a change
in the Terms, you agree to follow and be bound by the Terms as changed.
Site
Contents
Everything you see,
hear or receive from or on the Site ("Content") is copyrighted, trademarked, trade
dressed and/or other intellectual property owned by Draper's and Damon's or its
licensors. Content includes, without limitation, images, illustrations, designs,
icons, photographs, trademarks, logos, text, software, sounds and the Site as
a whole. You may use or download Content solely for your personal, noncommercial
purposes, provided you keep unchanged all copyright and other notices. No other
use of Content is permitted. Except for this limited license, nothing in the Terms
transfers to you any right, title or interest in any Content. The downloading
or export of software or technical data from this Site to any jurisdiction in
violation of United States export laws is strictly prohibited. Draper's and Damon's
may change, suspend, restrict or discontinue any aspect of the Site at any time,
including any Site feature, service or Content.
User
Comments and Submissions
We welcome your comments
regarding our Site, our products and our services. However, any information you
transmit to the Site is not, and will not, be treated as private, confidential
or proprietary. Draper's and Damon's may make unrestricted use of any information
you transmit to us through the Site. This may include personal information about
you and your use of the Site. Please review our Privacy Policy for more information.
Use of
The Site
You promise to make
only lawful use of the Site. You promise to make no use of the Site that violates
anyone else's rights, including copyright, trademark, trade secret, privacy or
other rights. You promise not to upload, post, transmit, distribute or otherwise
publish on or to the Site any materials that (a) contain a software virus or other
harmful component, (b) contain advertising or commercial material, or (c) are
false, threatening, libelous, defamatory, pornographic, obscene or otherwise unlawful.
You are solely responsible for the content of any material you publish on the
Site. Draper's and Damon's is not responsible or liable for the conduct of any
Site user, or for materials published to the Site by any Site user other than
Draper's and Damon's. You may not: (a) use spiders, robots, avatars, intelligent
agents or other automated data mining techniques to extract, copy, download, store,
reproduce, distribute or post Content; (b) interfere with the Site or any other
user's use of the Site, including, without limitation, overloading, "flooding",
"mailbombing" or "crashing" the Site; (c) send unsolicited email through the Site
or forge or mask your identity in any email or posting; (d) decompile, reverse
engineer or disassemble any software or other products or processes accessible
through the Site, or (e) insert any code or product or manipulate the Content
in any way that affects any user's experience of the Site.
Information
Products displayed
on the Site can be delivered only within the United States. Prices are valid only
in the United States. Prices are subject to change without notice. We try to display
accurately the colors of our products on the Site. However, the colors you see
will depend on your monitor and its settings. We cannot guarantee that your display
will be accurate. We do not warrant the currency, accuracy or reliability of any
Site information, including information about product price or availability.
Links
to Other Sites
The Site may contain
links to third party sites. Any outside links are provided only as a convenience.
Your use of outside links is at your sole risk. Links from the Site do not constitute
an endorsement by Draper's and Damon's of any third party, its website, or its
goods or services. Draper's and Damon's is not responsible for any outside sites,
services or other materials linked to or from the Site, and disclaims all liability
for any injury you may experience by using such materials.
Disclaimer
If you are dissatisfied
with the Site, any Contents, or any of the Terms, we would like to hear from you.
However, your only legal remedy is to stop using the Site.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWED BY LAW,
Draper's and Damon's MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION
WITH THE SITE. Draper's and Damon's PROVIDES THIS SITE, ALL CONTENT, AND ALL SERVICES
OFFERED THROUGH OR FROM THE SITE "AS IS." Draper's and Damon's DISCLAIMS ALL EXPRESS
OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Draper's and Damon's SHALL NOT BE LIABLE FOR ANY DAMAGES RELATED TO YOUR USE OF
OR INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS
OF OR DAMAGE TO PROPERTY, EVEN IF Draper's and Damon's HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Some states do not allow certain limitations on implied warranties or on damages,
so some of the above exclusions may not apply to you. Draper's and Damon's does
not warrant that your use of the Site, the operation of the Site, or any services
offered on the Site will be uninterrupted or error free, that defects will be
corrected, or that the Site is free of viruses or other harmful elements.
Indemnification
You agree to defend,
indemnify and hold harmless Draper's and Damon's and its officers, directors,
owners, agents, employees, affiliates, licensees and licensors from and against
any and all claims, damages, costs and expenses, including attorneys' fees, arising
from or related to your use of the Site in violation of any of the Terms. Your
failure to comply with the Terms automatically revokes your authorization to use
the Site and terminates all rights granted to you under the Terms. Your obligations
to Draper's and Damon's shall continue upon termination of your rights under the
Terms, including restrictions regarding the Content, disclaimers and liability
limitations under the Terms. If your rights are terminated, you must promptly
destroy all Content obtained from this Site, as well as all copies of Content.
Patents
One or more patents
may apply to this web site, including without limitation: U.S. Patent Nos. 5,528,490;
5,761,649; and 6,029,142.
Termination
Your failure to comply
with the Terms automatically revokes your authorization to use the Site and terminates
all rights granted to you under the Terms. Your obligations to Draper's and Damon's
shall continue upon termination of your rights under the Terms, including restrictions
regarding the Content, disclaimers and liability limitations under the Terms.
If your rights are terminated, you must promptly destroy all Content obtained
from this Site, as well as all copies of Content.
Contact
Information
If you
should have any additional questions or need assistance, please contact our
Customer Contact Center by E-mail at service@drapers.com
, or call us toll free at 1-800-843-1174 or (949) 784-3500. You may also write
us at:
Draper's & Damon's
P.O. Box 186
Jessup, PA 18434-0186
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