| |
|
Herman Dodge & Son Terms of Use
Welcome to the Herman Dodge & Son Website ("HD&S Website").
We have established the following Terms of Use which govern the use
of the HD&S Website by our customers ("Users"). By accessing
the HD&S Website, Users agree to be legally bound and to abide by
the terms set forth below. The following Terms of Use are subject to
the Herman Dodge & Son, Inc. ("HD&S") Return Policy.
I. Disclaimers and
Limitation of Liability
User expressly agrees that use of the HD&S Website is at User's
sole risk. While we at HD&S will attempt to provide you with quality
service, neither HD&S, nor its affiliates or subsidiaries, nor any
of their officers, directors, or employees, agents, third-party content
providers, merchants, sponsors, licensors (collectively, "Providers"),
or the like, warrant that the HD&S Website will be uninterrupted
or error-free; nor do they make any warranty as to the results that
may be obtained from the use of the HD&S Website, or as to the accuracy,
reliability, or currency of any information content, service, or merchandise
provided through the HD&S Website.
THE HD&S WEBSITE IS PROVIDED ON AN "AS IS" BASIS. HD&S
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS
OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY
APPLICABLE LAW, AND, EXCEPT AS OTHERWISE DISCLOSED HEREIN, HD&S
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, HD&S WILL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE (OR INABILITY
TO USE) OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN
INFORMATION GIVEN BY HD&S NOR ITS AFFILIATES OR SUBSIDIARIES, NOR
ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE
LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION
OR ADVICE.
II. Proprietary Rights
User acknowledges that the HD&S Website contains information, photographs
and other material (collectively "Content") that is protected
by copyrights, trademarks, trade secrets, or other proprietary rights,
and that these rights are valid and protected in all forms, media and
technologies existing now or hereinafter developed. All Content is copyrighted
as a collective work under the U.S. copyright laws. User may not modify,
remove, delete, augment, add to, publish, transmit, participate in the
transfer or sale of, create derivative works from, or in any way exploit
any of the Content, in whole or in part, without the express written
consent of HD&S.
III. Privacy Policy
In accordance with the terms of the Privacy Policy, HD&S respects
the privacy of its Users.
IV. Your Account
User is responsible for maintaining the confidentiality of User's account
and password, and User agrees to accept responsibility for all activities
that occur under User's account.
V. Product Descriptions
HD&S does not warrant that product descriptions or other content
of this site are accurate, complete, reliable, current or error-free.
If a product offered by HD&S is not as described, User's sole remedy
is to return it pursuant to the Return Policy.
VI. Termination
of Usage
HD&S may terminate User's access, or suspend any User's access to
all or part of the HD&S Website, at any time and without notice,
for any conduct that HD&S, in its sole discretion, believes is in
violation of any applicable law or is harmful to the interests of another
User, a third-party Provider, a service provider, HD&S, its stockholders,
or its employees.
VII. Governing Law
This site is controlled by HD&S in the State of California. As such,
the laws of the State of California will govern these disclaimers, terms
and conditions, without giving effect to any principles of conflicts
of laws. HD&S reserves the right to make changes to its site and
these disclaimers, terms and conditions at any time. User hereby irrevocably
and unconditionally consents to submit to the exclusive jurisdiction
of the courts of the State of California and of the United States of
America located in the State of California for any litigation arising
out of or relating to use of or purchase made through the HD&S Website
(and agrees not to commence any litigation relating thereto except in
such courts), waives any objection to the laying of venue of any such
litigation in the California Courts.
VIII. Severability
The provisions of these Terms of Use are intended to be severable. If
for any reason any provision of these Terms of Use shall be held invalid
or unenforceable in whole or in part in any jurisdiction, such provision
shall, as to such jurisdiction, be ineffective to the extent of such
invalidity or unenforceability without in any manner affecting the validity
or enforceability thereof in any other jurisdiction or the remaining
provisions hereof in any jurisdiction. These Terms of Use, including
all documents referenced herein, represents the entire understanding
between you and HD&S regarding your use of the HD&S Website
and supersedes any prior statements or representations. These Terms
of Use are subject to change at any time and without notice.
IX. Our Address
Herman Dodge & Son, Inc.
28014 Harrison Parkway Valencia, CA 91355 http://www.hermandodge.com
|
|