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.
1. 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 & 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 & Damon’s may change, suspend, restrict or discontinue any aspect of the Site at any time, including any Site feature, service or Content.
2. User Comments and Submissions
We welcome your comments regarding the Website, our products and our services. However, any information you transmit to the Website is not, and will not be treated as private, confidential or proprietary, and we shall not be liable for any use or disclosure of that information. We shall be entitled to a non-exclusive license to use your comments and submissions for any purpose whatsoever, commercial or otherwise, without compensation to you. This use may include personal information about you and your use of the Website. Please review our Privacy and Security Policy for more information.
3. 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 & 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 & 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.
4. Limitations on quantity
Draper’s & Damon’s does not offer additional discounts on large orders of a single item or on large orders of many individual items. In addition, we reserve the right to limit quantities on orders placed by the same account, on orders placed by the same credit card, and on orders that use the same billing or shipping address. We will notify you if such limits are applied. Draper’s & Damon’s reserves the right to prohibit purchases of any merchandise to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them.
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.
6. 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 & Damon’s of any third party, its website, or its goods or services. Draper’s & 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.
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 & Damon’s MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE SITE. Draper’s & Damon’s PROVIDES THIS SITE, ALL CONTENT, AND ALL SERVICES OFFERED THROUGH OR FROM THE SITE "AS IS." Draper’s & 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 & 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 & 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 & 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.
You agree to defend, indemnify and hold harmless Draper’s & 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 & 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.
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.
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 & 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.
11. Risk of Loss
The risk of loss and title to items purchased from Draper’s & Damon’s pass to the purchaser upon our delivery to the carrier.
12. Contact Information
If you should have any additional questions or need assistance, please contact our Customer Contact Center.
Customer Contact Center
Draper’s & Damon’s
220 Hickory Street
Warren, PA 16366