Terms Of Service
Welcome to DFWh. DFWh supports freedom of speech, both on and off the Internet. However, the goal of this web site is to provide access to a wide selection of returns and overstocks. To insure a safe, non offensive environment for all of our users, we have established our Terms and Conditions. It spells out what you can expect from us and what we expect from you. By accessing any areas of DFWh, users (“Users”) agree to be legally bound and to abide by the terms set forth below. DFWh is owned and operated by DFWh. Any references herein to DFWh shall be deemed to refer to DFWh.
DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of DFWh is at User’s sole risk. Neither DFWh, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, “Providers”), or the like, warrant that DFWh will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of DFWh, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through DFWh.
THIS SITE IS PROVIDED BY DFWh.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS. DFWh.COM 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, DFWh.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DFWh.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. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY DFWh.COM, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL THE USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall DFWh or any other party involved in creating, producing, or distributing shop.dfwh.com be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use shop.dfwh.com, including but not limited to reliance by a User on any information obtained from shop.dfwh.com or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to DFWh’s records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through DFWh. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
PROPRIETARY RIGHTS User acknowledges that DFWh contains information, data, software, photographs, typefaces, graphics, and other material (collectively “Content”) that are 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, and DFWh owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. 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. User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
User agrees to use DFWh only for lawful purposes. User is prohibited from posting on or transmitting through DFWh any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
If DFWh is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User (e.g., through an author chat or online review), DFWh may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from DFWh. DFWh may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate DFWh; or (iii) to protect the rights or property of DFWh, its Users or Providers.
DFWh reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, DFWh, the communities that make up DFWh, or any rights of DFWh or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither DFWh nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither DFWh, nor any of their officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on DFWh.
TERMINATION OF USAGE
DFWh may terminate User’s access, or suspend any User’s access to all or part of DFWh, without notice, for any conduct that DFWh, 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, or DFWh.
USAGE BY CHILDREN UNDER 13
DFWh cannot prohibit minors from visiting this site. DFWh must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase.
DFWh requires that all purchases be made either by individuals 18 years of age or older. EACH TIME YOU PURCHASE A PRODUCT AT DFWh.COM, YOU ARE REPRESENTING TO DFWh.COM THAT YOU ARE AN INDIVIDUAL 18 YEARS OF AGE OR OLDER.
This site is created and controlled by DFWh in the State of Ohio. As such, the laws of the State of Ohio will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. DFWh 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 Ohio and of the United States of America located in the State of Ohio for any litigation arising out of or relating to use of or purchase made through DFWh (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 Ohio Courts and agrees not to plead or claim in any Ohio Court that such litigation brought therein has been brought in an inconvenient forum.