PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of www.dormco.com. The collective work includes works that are licensed to www.dormco.com. Copyright 2003, www.dormco.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with www.dormco.com or purchasing www.dormco.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with www.dormco.com or to purchase www.dormco.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by www.dormco.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of www.dormco.com used in the site are trademarks or registered trademarks of www.dormco.com
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, www.dormco.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. www.dormco.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. www.dormco.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR $250.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Typographical Errors
In the event that a www.dormco.com product is mistakenly listed at an incorrect price, www.dormco.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. www.dormco.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, www.dormco.com shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by www.dormco.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
www.dormco.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to www.dormco.com.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of New York, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of www.dormco.com products) shall be in the state or federal courts located in Buffalo, New York. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of www.dormco.com products) must be commenced within one (1) year after the claim or cause of action arises. www.dormco.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. www.dormco.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a www.dormco.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
www.dormco.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, www.dormco.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, www.dormco.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to www.dormco.com in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless www.dormco.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, www.dormco.com may link to sites operated by third parties. However, even if the third party is affiliated with www.dormco.com, www.dormco.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of www.dormco.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, www.dormco.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
DISPUTE RESOLUTION; VENUE; ARBITRATION
Governing Law
These Terms and any dispute arising out of or relating to the use of this website, the purchase of products, or the relationship between the parties shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to conflict-of-law principles.
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Claims Not Subject to Arbitration
The following claims shall not be subject to arbitration and must be resolved exclusively in court:
1. Consumer Protection and Privacy Claims. Any claim arising under or relating to consumer protection laws, privacy laws, data protection laws, marketing communication laws, or similar statutory claims, including but not limited to claims involving data collection, tracking technologies, electronic communications, or alleged consumer protection violations.
2. Low-Value Claims (Amount in Controversy Under $25,000). Any claim where the total amount in controversy, including all alleged damages, penalties, and statutory relief, does not exceed Twenty-Five Thousand Dollars ($25,000).
Mandatory Venue for Non-Arbitrable Claims
All claims described above must be brought exclusively in the state or federal courts located in Davidson County, Tennessee. The parties expressly consent to the personal jurisdiction and venue of those courts and waive any objection based on inconvenient forum or similar doctrine.
Arbitration of Other Disputes
Except for the claims described above, any dispute, claim, or controversy arising out of or relating to these Terms, the use of the website, or the purchase of products shall be resolved through binding arbitration administered by a mutually agreed arbitration provider under its applicable consumer arbitration rules.
Small Claims Option
Notwithstanding the foregoing, either party may bring an individual claim in small claims court located in Davidson County, Tennessee, provided the claim qualifies for that court’s jurisdiction.
Class Action Waiver
To the fullest extent permitted by law, all disputes must be brought in an individual capacity and not as a plaintiff or class member in any purported class action, collective action, or representative proceeding.