Terms of Service
TERMS OF SERVICE
This Terms of Service Agreement (the “Agreement”) is a legal agreement between you and D. L. KELLIN COMPANY INC. (“we” or “us”) for use of the website located at http://danakellin.com (the “Site”).
D. L. KELLIN COMPANY INC. grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your own individual use subject to the other terms of this Agreement.
USE OF THE SITE
As a condition of using the Site, you agree not to use the Site for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the Site and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes. You agree to the following:
- You may not modify, reverse engineer, decompile or disassemble the Site.
- You may not copy, adapt, alter, modify, translate, or create derivative works based on any aspects of the Site without written authorization from D. L. KELLIN COMPANY INC.
- You shall not use your account to engage in any illegal conduct;
- You shall monitor your account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Site by minors in connection with your Account and you are responsible for any use of your credit card or other payment instrument by minors.
We reserve the right to refuse sales or cancel orders placed by you in violation of this Agreement or as otherwise determined by D. L. KELLIN COMPANY INC.
INTELLECTUAL PROPERTY RIGHTS
D. L. KELLIN COMPANY INC. owns any and all intellectual property rights to the DANA KELLIN brand, trade name and content including copyright, designs, descriptions, photographs, trademark, service mark, trade name, trade dress, proprietary logo, insignia, business identifier, and / or other text and graphics that has or provides the “look and feel” of the DANA KELLIN brand image, contained herein (the “Intellectual Property). None of the Intellectual Property may be used, reproduce, modify, display, sell or distribute the content, or use it in any other way for public or commercial purpose. The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate web pages on the Site, as well as any graphics or programming.
THIRD PARTY LINKS
We may include hyperlinks on this site to other websites or resources, which may be operated by third parties. We do not endorse these third party sites, and are not responsible for their content, accuracy or availability. Accordingly, we do not assume any liability associated with such third party websites. You need to take appropriate steps to decide if accessing a third party site is appropriate and protect your personal information and privacy on such sites. This disclaimer also applies to links to retailers or other sellers. If you wish to purchase from such retailers, we are delighted, however D. L. COMPANY INC. is not party to any such contract for the purchase between you and the seller.
We do our best to provide accurate information provided on the Site. Unfortunately, it is not possible to insure that it be completely free of human or technological errors. We reserve the right to correct any errors, inaccuracies or omissions; including after an order has been submitted and to change or update information at any time without prior notice. Prices, descriptive information, and product imagery are subject to change without notice. We cannot honor inaccurate or incorrect pricing. We will notify you if there is a pricing discrepancy and provide you with the option to cancel your order.
LIMITATION OF LIABILITY
IN NO EVENT SHALL D. L. KELLIN COMPANY INC., ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, RELATED SERVICES, OR CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
DISCLAIMER OF WARRANTY
Except as expressly provided to the contrary in a writing by D. L. KELLIN COMPANY INC., this Site, the content contained therein and the products and services provided on or in connection therewith are provided on an “as is” basis without warranties of any kind, either express or implied. D. L. KELLIN COMPANY INC. disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the information content, and materials in our site. D. L. KELLIN COMPANY does not represent or warrant that materials in our site or the services are accurate, complete, reliable, current or error-free. D. L. KELLIN COMPANY INC. does not represent or warrant that our site or its servers are free of viruses or other harmful components. Your use of the site is solely at your own risk.
This Agreement constitutes the entire legal agreement between you and D. L. KELLIN COMPANY INC. and completely replaces any prior agreements between you and D. L. KELLIN COMPANY INC. You understand that you are solely responsible for (and that D. L. KELLIN COMPANY INC. has no responsibility to you or to any third party for) any breach of your obligations under the STORE POLICY and for the consequences including any loss or damage which D. L. KELLIN COMPANY INC. may suffer) of any such breach. This Agreement, and your relationship with D. L. COMPANY INC., shall be governed by the laws of the State of California. You agree to submit to the exclusive jurisdiction of the State and Federal courts in Los Angeles, California and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. No failure by D. L. KELLIN COMPANY INC. to enforce any legal right or remedy contained herein shall be deemed a waiver of D. L. KELLIN COMPANY INC. rights as to any other right or remedy. If any court of competent jurisdiction rules that any provision of this Agreement is invalid, then that provision will be removed from the Agreement and the remaining provisions will continue to be valid and enforceable.
BY USING THE SITE, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.