Welcome to DSMClothing.com. DSMClothing.com and its affiliates provide their
services to you subject to the following conditions. If you visit or shop at
DSMClothing.com, you accept these conditions. Please read them carefully. In
addition, when you use any current or future DSMClothing.com service (e.g.,
Tell A Friend, e-Cards, Auctions, and Reviews) or visit or purchase from any
business affiliated with DSMClothing.com, whether or not included in the DSMClothing.com
Web site, you also will be subject to the guidelines and conditions applicable
to such service or business.
PRIVACY
Please review our Privacy Notice, which also governs your visit to DSMClothing.com,
to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit DSMClothing.com or send e-mails to us, you are communicating
with us electronically. You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices on this site. You
agree that all agreements, notices, disclosures and other communications that
we provide to you electronically satisfy any legal requirement that such communications
be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations, and software, is
the property of DSMClothing.com or its content suppliers and protected by United
States and international copyright laws. The compilation of all content on this
site is the exclusive property of DSMClothing.com and protected by U.S. and
international copyright laws. All software used on this site is the property
of DSMClothing.com or its software suppliers and protected by United States
and international copyright laws.
LICENSE AND SITE ACCESS
DSMClothing.com grants you a limited license to access and make personal use
of this site and not to download (other than page caching) or modify it, or
any portion of it, except with express written consent of DSMClothing.com.
This license does not include any resale or commercial use of this site or its
contents; any collection and use of any product listings, descriptions, or prices;
any derivative use of this site or its contents; any downloading or copying
of account information for the benefit of another merchant; or any use of data
mining, robots, or similar data gathering and extraction tools. This site or
any portion of this site may not be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial purpose without express written
consent of DSMClothing.com. You may not frame or utilize framing techniques
to enclose any trademark, logo, or other proprietary information (including
images, text, page layout, or form) of DSMClothing.com and our affiliates without
express written consent. You may not use any meta tags or any other "hidden
text" utilizing DSMClothing.com's name or trademarks without the express
written consent of DSMClothing.com. Any unauthorized use terminates the permission
or license granted by DSMClothing.com. You are granted a limited, revocable,
and nonexclusive right to create a hyperlink to the home page of DSMClothing.com
so long as the link does not portray DSMClothing.com, its affiliates, or their
products or services in a false, misleading, derogatory, or otherwise offensive
matter. You may not use any DSMClothing.com logo or other proprietary graphic
or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and
you agree to accept responsibility for all activities that occur under your
account or password. DSMClothing.com only sells products for adults and sells
them to adults, who can purchase with a credit card. If you are under 18, you
may not use DSMClothing.com. DSMClothing.com and its affiliates reserve the
right to refuse service, terminate accounts, remove or edit content, or cancel
orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send communications;
and submit suggestions, ideas, comments, questions, or other information, so
long as the content is not illegal, obscene, threatening, defamatory, invasive
of privacy, infringing of intellectual property rights, or otherwise injurious
to third parties or objectionable and does not consist of or contain software
viruses, political campaigning, commercial solicitation, chain letters, mass
mailings, or any form of "spam." You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as to the origin of a
card or other content. DSMClothing.com reserves the right (but not the obligation)
to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise,
you grant DSMClothing.com and its affiliates a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, and display
such content throughout the world in any media. You grant DSMClothing.com and
its affiliates and sublicensees the right to use the name that you submit in
connection with such content, if they choose. You represent and warrant that
you own or otherwise control all of the rights to the content that you post;
that the content is accurate; that use of the content you supply does not violate
this policy and will not cause injury to any person or entity; and that you
will indemnify DSMClothing.com or its affiliates for all claims resulting from
content you supply. DSMClothing.com has the right but not the obligation to
monitor and edit or remove any activity or content. DSMClothing.com takes no
responsibility and assumes no liability for any content posted by you or any
third party.
COPYRIGHT COMPLAINTS
DSMClothing.com and its affiliates respect the intellectual property of others.
If you believe that your work has been copied in a way that constitutes copyright
infringement, please contact us immediately.
RISK OF LOSS
All items purchased from DSMClothing.com are made pursuant to a shipment contract.
This means that the risk of loss and title for such items pass to you upon our
delivery to the carrier.
PRODUCT DESCRIPTIONS
DSMClothing.com and its affiliates attempt to be as accurate as possible. However,
DSMClothing.com does not warrant that product descriptions or other content
of this site is accurate, complete, reliable, current, or error-free. If a product
offered by DSMClothing.com itself is not as described, your sole remedy is
to return it in unused condition.
PRICING
DSMClothing.com reserves the right to change prices without prior notice. Price
changes will not affect orders in process.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY DSMClothing.com ON AN "AS IS" AND "AS
AVAILABLE" BASIS. DSMClothing.com MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DSMClothing.com DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DSMClothing.com DOES
NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM DSMClothing.com
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DSMClothing.com WILL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING,
BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL
DAMAGES.
CERTAIN STATE 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, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting DSMClothing.com, you agree that the laws of the state of Florida,
without regard to principles of conflict of laws, will govern these Conditions
of Use and any dispute of any sort that might arise between you and DSMClothing.com
or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to DSMClothing.com or to products
you purchase through DSMClothing.com shall be submitted to confidential arbitration
in Orlando, Florida, except that, to the extent you have in any manner violated
or threatened to violate DSMClothing.com's intellectual property rights, DSMClothing.com
may seek injunctive or other appropriate relief in any state or federal court
in the state of Florida, and you consent to exclusive jurisdiction and venue
in such courts. Arbitration under this agreement shall be conducted under the
rules then prevailing of the American Arbitration Association. The arbitrator's
award shall be binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no arbitration
under this Agreement shall be joined to an arbitration involving any other party
subject to this Agreement, whether through class arbitration proceedings or
otherwise.
OUR PARENT COMPANY ADDRESS
Shelton, Inc.
800 Montana Avenue
Saint Cloud, FL 34769
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