Terms-Conditions
TERMS AND CONDITIONS OF USE
Welcome to shopdons.com and/or its affiliates (the
"Company") provide website features and other products and services
to you when you visit or shop at the Company’s website, use the Company’s
products or services, use the Company’s applications for mobile, or use
software provided by the Company in connection with any of the foregoing
(collectively, "Company Services"). The Company provides the Company
Services subject to the following conditions.
By using Company Services, you agree to these conditions.
Please read them carefully.
We offer a wide range of Company Services, and sometimes
additional terms may apply. When you use a Company Service (for example, Your
Profile, Gift Cards, etc.) you also will be subject to the guidelines, terms
and agreements applicable to that Company Service (the "Service
Terms"). If these Conditions of Use are inconsistent with the Service
Terms, those Service Terms will control.
PRIVACY
Please review our Privacy Notice, which also governs your
use of Company Services, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you use Company Services, or send e-mails, text
messages, and other communications from your desktop or mobile device to us,
you may be communicating with us electronically. You consent to receive
communications from us electronically, such as e-mails, texts, mobile push
notices, or notices and messages on this site or through the other Company
Services, and you can retain copies of these communications for your records.
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 in or made available through any
Company Service, such as text, graphics, logos, button icons, images, audio
clips, digital downloads, data compilations, and software is the property of
the Company or its content suppliers and protected by United States and
international copyright laws. The compilation of all content included in or
made available through any Company Service is the exclusive property of the
Company and protected by U.S. and international copyright laws.
TRADEMARKS
In addition, graphics, logos, page headers, button icons,
scripts, and service names included in or made available through any Company
Service are trademarks or trade dress of the Company in the U.S. and other
countries. The Company's trademarks and trade dress may not be used in
connection with any product or service that is not the Company's, in any manner
that is likely to cause confusion among customers, or in any manner that
disparages or discredits the Company. DON’S EZ PAY is a registered trademark of
the Company. All other trademarks not owned by the Company that appear in any
Company Service are the property of their respective owners, who may or may not
be affiliated with, connected to, or sponsored by the Company.
LICENSE AND ACCESS
Subject to your compliance with these Terms and Conditions
of Use, the Company or its content providers grant you a limited,
non-exclusive, non-transferable, non-sublicensable license to access and make
personal and non-commercial use of the Company Services. This license does not
include any resale or commercial use of any Company Service, or its contents;
any collection and use of any product listings, descriptions, or prices; any
derivative use of any Company Service or its contents; any downloading, copying,
or other use of account information for the benefit of any third party; or any
use of data mining, robots, or similar data gathering and extraction tools. All
rights not expressly granted to you in these Conditions of Use or any Service
Terms are reserved and retained by the Company or its licensors, suppliers,
publishers, rightsholders, or other content providers. No Company Service, nor
any part of any Company Service, may be reproduced, duplicated, copied, sold,
resold, visited, or otherwise exploited for any commercial purpose without
express written consent of the Company. 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 the Company without express
written consent. You may not use any meta tags or any other "hidden
text" utilizing the Company's name or trademarks without the express
written consent of the Company. You may not misuse the Company Services. You
may use the Company Services only as permitted by law. The licenses granted by
the Company terminate if you do not comply with these Conditions of Use or any
Service Terms.
YOUR ACCOUNT
You may need your own Company account to use certain Company
Services, and you may be required to be logged in to the account and have a
valid payment method associated with it. You are responsible for maintaining
the confidentiality of your account and password and for restricting access to
your account, and you agree to accept responsibility for all activities that
occur under your account or password.
COPYRIGHT COMPLAINTS
The Company respects the intellectual property of others. If
you believe that your work has been copied in a way that constitutes copyright
infringement, please follow our Notice and Procedure for Making Claims of
Copyright Infringement.
RISK OF LOSS
All purchases of physical items from the Company 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
The Company attempts to be as accurate as possible. However,
the Company does not warrant that product descriptions or other content of any
Company Service is accurate, complete, reliable, current, or error-free. If a
product offered by the Company itself is not as described, your sole remedy is
to return it in unused condition.
PRICING
"List Price" means the suggested retail price of a
product as provided by a manufacturer, supplier, or seller. With respect to
items sold by the Company, we cannot confirm the price of an item until you
order it. Despite our best efforts, a small number of the items in our catalog
may be mispriced. If the correct price of an item sold by the Company is higher
than our stated price, we will, at our discretion, either contact you for
instructions before shipping or cancel your order and notify you of such cancellation.
Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered
the shipping process or, for digital products, until we make the digital
product available to you.
APP PERMISSIONS When you use apps created by the Company,
such as the Company App, you may grant certain permissions to us for your
device. Most mobile devices provide you with information about these
permissions.
SANCTIONS AND EXPORT POLICY
You may not use any Company Service if you are the subject
of U.S. sanctions or of sanctions consistent with U.S. law imposed by the
governments of the country where you are using Company Services. You must
comply with all U.S. or other export and re-export restrictions that may apply
to goods, software (including Company Software), technology, and services.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE COMPANY SERVICES AND ALL INFORMATION, CONTENT,
MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR
OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMPANY SERVICES ARE PROVIDED BY
COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS
OTHERWISE SPECIFIED IN WRITING. THE COMPANY MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE COMPANY
SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE)
OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE
COMPANY SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE
THAT YOUR USE OF THE COMPANY SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT
PERMISSIBLE BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE COMPANY
SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR
OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE
COMPANY SERVICES, COMPANY'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM
COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT
PERMISSIBLE BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING FROM THE USE OF ANY COMPANY SERVICE, OR FROM ANY INFORMATION, CONTENT,
MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR
OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY COMPANY SERVICE, INCLUDING, BUT NOT
LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES,
UNLESS OTHERWISE SPECIFIED IN WRITING.
DISPUTES
Any dispute or claim relating in any way to your use of any
Company Service, or to any products or services sold or distributed by Company
or through Company.com will be resolved by binding arbitration, rather than in
court, except that you may assert claims in small claims court if your claims
qualify. The Federal Arbitration Act and federal arbitration law apply to this
agreement.
There is no judge or jury in arbitration, and court review
of an arbitration award is limited. However, an arbitrator can award on an
individual basis the same damages and relief as a court (including injunctive
and declaratory relief or statutory damages), and must follow the terms of
these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter
requesting arbitration and describing your claim to our registered agent, Judy
May. The arbitration will be conducted by the American Arbitration Association
(AAA) under its rules, including the AAA's Supplementary Procedures for
Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by
calling 1-800-778-7879. Payment of all filing, administration and arbitrator
fees will be governed by the AAA's rules. We will reimburse those fees for
claims totaling less than $10,000 unless the arbitrator determines the claims
are frivolous. Likewise, the Company will not seek attorneys' fees and costs in
arbitration unless the arbitrator determines the claims are frivolous. You may
choose to have the arbitration conducted by telephone, based on written
submissions, or in person in the county where you live or at another mutually
agreed location.
We each agree that any dispute resolution proceedings will
be conducted only on an individual basis and not in a class, consolidated or
representative action. If for any reason a claim proceeds in court rather than
in arbitration we each waive any right to a jury trial. We also both agree that
you or we may bring suit in court to enjoin infringement or other misuse of
intellectual property rights.
APPLICABLE LAW
By using any Company Service, you agree that the Federal
Arbitration Act, applicable federal law, and the laws of the State of Ohio,
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 the
Company.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our privacy policy
and acceptable use policy, posted on this site. These policies also govern your
use of Company Services. We reserve the right to make changes to our site,
policies, Service Terms, and these Conditions of Use at any time. If any of
these conditions shall be deemed invalid, void, or for any reason
unenforceable, that condition shall be deemed severable and shall not affect
the validity and enforceability of any remaining condition.
ADDITIONAL COMPANY SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software
(including any updates or upgrades to the software) and any related
documentation we make available to you in connection with Company Services (the
"Company Software").
1. Use of the Company Software. You may use Company Software
solely for purposes of enabling you to use the Company Services as provided by
Company, and as permitted by these Conditions of Use and any Service Terms. You
may not incorporate any portion of the Company Software into other programs or
compile any portion of it in combination with other programs, or otherwise copy
(except to exercise rights granted in this section), modify, create derivative
works of, distribute, assign any rights to, or license the Company Software in
whole or in part. All software used in any Company Service is the property of
Company or its software suppliers and is protected by United States and
international copyright laws.
2. Use of Third Party Services. When you use the Company
Software, you may also be using the services of one or more third parties, such
as a wireless carrier or a mobile software provider. Your use of these third
party services may be subject to the separate policies, terms of use, and fees
of these third parties.
3. No Reverse Engineering. You may not reverse engineer,
decompile or disassemble, tamper with, or bypass any security associated with
the Company Software, whether in whole or in part.
4. Updates. We may offer automatic or manual updates to the
Company Software at any time and without notice to you.
5. Government End Users. If you are a U.S. Government end
user, we are licensing the Company Software to you as a "Commercial
Item" as that term is defined in the U.S. Code of Federal Regulations (see
48 C.F.R. § 2.101), and the rights we grant you to the Company Software are the
same as the rights we grant to all others under these Conditions of Use.
6. Conflicts. In the event of any conflict between these
Conditions of Use and any other Company or third-party terms applicable to any
portion of Company Software, such as open-source license terms, such other
terms will control as to that portion of the Company Software and to the extent
of the conflict.
Disclaimer
DON’S EZ PAY has attempted to provide accurate information
and materials on this Web site but assumes no responsibility for the accuracy
and completeness of that information or materials. DON’S EZ PAY may change the
content of any information or materials available at this Web site, or to the
products described in them, at any time without notice. However, DON’S EZ PAY makes
no commitment to update the information or materials on this Web site which, as
a result, may be out of date. Information and opinions expressed in bulletin
boards or other forums are not necessarily those of DON’S EZ PAY. Neither DON’S
EZ PAY, nor its officers, directors, employees, agents, distributors, or
affiliates are responsible or liable for any loss damage (including, but not
limited to, actual, consequential, or punitive), liability, claim, or other
injury or cause related to or resulting from any information posted on DON’S EZ
PAY's web site. r2o.com reserves the right to revise these terms and/or legal
restrictions at any time. You are responsible for reviewing this page from time
to time to ensure compliance with the then-current terms and legal restrictions
because they will be binding on you. Certain provisions of these terms and
legal restrictions may be superseded by expressly designated legal notices or
terms located on particular pages of this Web site. ALL INFORMATION AND
MATERIALS AVAILABLE AT THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND DON’S EZ PAY DISCLAIMS
ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE
PRACTICE. IN NO EVENT SHALL DON’S EZ PAY BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL
DAMAGES OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS
INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE
OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS OR
INFORMATION CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY,
CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION ON
THIS WEB SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF
EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
Notice and Procedure for Making Claims of Copyright
Infringement
If you believe that your work has been copied in a way that
constitutes copyright infringement, please submit your complaint using our
online form. We respond quickly to the concerns of rights owners about any
alleged infringement. If you prefer to submit a report in writing, please
provide us with this information:
• A physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has
been infringed upon;
• A description of where the material that you claim is
infringing is located on the site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that
the disputed use is not authorized by the copyright owner, its agent, or the
law;
• A statement by you, made under penalty of perjury, that
the above information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.