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Welcome
to the Distinctions' web site. We
maintain this web site as a service to our customers.
By using our site, you are agreeing to comply with and be bound by
the following terms of use. Please
review the following terms carefully.
For purposes of this Agreement, the terms "we,"
"us," "our," and "Distinctions" refer to
Distinctions and all other affiliates of Distinctions.
"You" refers to you, as a user of this site.
If you do not agree to these terms, you shall not have the right to
use this site in any way, review information and/or obtain goods or
products from or through this site.
1.
Acceptance of Agreement.
You agree to the terms and conditions outlined in this Web Site
Terms of Use Agreement "Agreement" with
respect to our site the
"Site" . Each time
you access this Site, you confirm your agreement to abide by this
Agreement. This Agreement
constitutes the entire and only agreement between us and you, and
supersedes all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site, the content,
products or services provided by or through the Site, and the subject
matter of this Agreement. This
Agreement may be amended at any time from time to time by us, and we will
provide reasonable prior notice to you before any such amendments are
implemented. The latest
Agreement will be posted on the Site and you should review this Agreement
prior to each time that you use the Site.
2.
New and Additional
Services/Products. Distinctions
has the right but not the
obligation , from time to time, to introduce or remove or replace
services/products on this Site. By
using any services or ordering any products, including new or additional
services/products when they become available, you agree to be bound by the
terms outlined in this Agreement, in addition to any other agreements
applicable to those services/products.
3.
Additional Terms and
Conditions; Other Agreements.
All terms and conditions provided to you by Distinctions at the
time you subscribe to a service or order a product are hereby incorporated
by reference herein and shall have the full force and effect as if set
forth herein in full. Use of this Site to access these services
constitutes your acknowledgment of and agreement to said disclosures.
Moreover, particular services, products, and/or information you
access through this Site may be subject to additional terms and conditions
of third parties that may
appear on this Site or on other web sites or on other materials. You
expressly agree to be bound by the terms and conditions associated with
those services, products, and/or information, in addition to those found
in this Agreement.
4.
Internet Access Fees and
Telephone Charges. You
agree to be solely responsible for any telephone charges, Internet access
fees, and other such similar fees and expenses you incur by accessing your
account through this Site. Please note that these fees may be assessed and
billed separately by your online service provider or phone company.
5.
Termination.
Distinctions reserves the right to terminate this Agreement and
your access to this Site, in whole or in part, at any time and for any or
no reason.
6.
Questions or Concerns
Regarding Site. In
the event you have a question or concerns regarding the Site or online
orders submitted through this Site or similar transaction or activity, you
should notify us in writing at Distinctions, Attn:
Webmaster, 6070 Mission Gorge Road, Suite 1, San Diego, CA 92120,
as soon a possible.
7.
Intellectual Property
Rights. You hereby
acknowledge and agree that as between you and Distinctions, Distinctions
exclusively owns all worldwide right, title and interest in and to all
contents, graphics, designs, data, computer codes, ideas, know-how,
"look and feel," compilations, magnetic translations, digital
conversions and other matters included within the Site and related to the
Site collectively
"Materials" , and all modifications and derivative works
thereof, and all worldwide copyrights, trademarks, service marks, patents,
trade dress, trade secrets, moral rights and other intellectual or
industrial property rights related thereto.
The copying, redistribution, use or publication by you of any of
the Materials or any part of the Site, except as allowed by Section 9, is
strictly prohibited. You do
not acquire any ownership rights to any of the Materials.
Our posting of information or materials on the Site does not
constitute a waiver of any of Distinctions' rights in such Materials.
8.
Trademarks.
You hereby acknowledge and agree that "Distinctions" and
other Distinctions marks on the Site are either trademarks or service
marks of Distinctions and shall remain the exclusive property of
Distinctions. Other product
and company names mentioned on the Site may be trademarks of their
respective owners.
9.
Limited Right to Use.
You may use this Site solely for your own personal use and not for
republication, distribution, assignment, sale, preparation of derivative
works or other use. No part
of any content, form or document may be reproduced in any form or
incorporated into any information retrieval system, electronic or
mechanical, now known or hereafter devised, other than for your personal
use but not for resale or
redistribution .
10.
Indemnity.
You agree to indemnify, defend and hold harmless Distinctions and
each of their officers, directors, shareholders, employees, partners,
sponsors, agents, attorneys, representatives, subsidiaries, affiliates,
successors and assigns collectively "Affiliated Parties"
from all liabilities, losses, damages, claims and expenses,
including reasonable attorneys' fees and costs, whether or not a lawsuit
or other proceeding is filed, that in any way arises out of or relates to
a your breach or violation of this Agreement,
by your use of the
Site, any transactions or
other activities you engage in with any third party service providers,
third party merchant sites "Merchants"
, or other third parties who are part of our affiliate program or who you
access by or through this Site, d
your infringement or violation of the intellectual property or
other rights of third parties, and/or
e your negligence or
willful misconduct. In the event, you fail to promptly indemnify and
defend such claims and/or pay Distinctions' expenses , as provided above,
Permission shall have the right to defend itself, and in that case, you
shall reimburse Distinctions for all of its reasonable attorney's fees,
costs and damages incurred in settling or defending such claims within
thirty 30
days of each of Distinctions' written requests.
11.
No Warranty.
ALL WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, ARE HEREBY
EXPRESSLY DISCLAIMED INCLUDING,
BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND/OR INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING
OUT OF A COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE .
YOU UNDERSTAND AND AGREE THAT THE INFORMATION AND SERVICES ON THIS
SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
DISTINCTIONS HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY
INFORMATION OR SERVICE PROVIDED OR PURCHASES OF PRODUCTS VIA THE SITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE
NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALTHOUGH WE HAVE TAKEN MEASURES TO PROVIDE SECURITY FOR
COMMUNICATIONS FROM YOU TO DISTINCTIONS VIA THIS SITE AND MAY HAVE
REFERRED TO SUCH COMMUNICATION AS "SECURED," DISTINCTIONS CANNOT
AND DOES NOT PROVIDE ANY GUARANTY OR WARRANTY OF SUCH SECURITY.
12.
Disclaimer and Limits.
EXCEPT WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT
NEITHER WE NOR THE SERVICE PROVIDERS AFFILIATED WITH THE SITE SHALL BE
RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED
BY THE EQUIPMENT, SOFTWARE, DISTINCTIONS,. OR BY INTERNET BROWSER
PROVIDERS SUCH AS NETSCAPE OR MICROSOFT, OR BY INTERNET ACCESS PROVIDERS
OR BY ONLINE SERVICE PROVIDERS OR BY AN AGENT OR SUBCONTRACTOR OF THE
FOREGOING. NOR SHALL DISTINCTIONS, OR THE THIRD PARTY SERVICE PROVIDERS BE
RESPONSIBLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
WHETHER FORESEEABLE OR NOT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF
WARRANTY, TORT INCLUDING
NEGLIGENCE STRICT LIABILITY
OR OTHERWISE, THAT ARE IN ANY WAY RELATED TO THIS AGREEMENT, THE BREACH
THEREOF, THE INSTALLATION, DOWNLOAD, USE, OR MAINTENANCE OF THE EQUIPMENT,
SOFTWARE, SERVICES, OR INTERNET BROWSERS OR ACCESS SOFTWARE, ANY VIRUSES
AFFECTING THIS SITE, THE USE OR INABILITY TO USE THIS SITE, THE RESULTS
GENERATED FROM THIS USE OF THE SITE, LOSS OF GOODWILL OR PROFITS, LOST
BUSINESS HOWEVER CHARACTERIZED AND/OR FROM ANY OTHER CAUSE WHATSOEVER.
YOU FURTHER AGREE THAT EACH AND EVERY PROVISION OF THIS AGREEMENT
THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES OR
EXCLUSION OF DAMAGES IS EXPRESSLY INTENDED TO BE SEVERABLE AND INDEPENDENT
OF ANY OTHER PROVISIONS SINCE THESE PROVISIONS REPRESENT SEPARATE ELEMENTS
OF RISK ALLOCATION BETWEEN THE PARTIES AND SHALL BE SEPARATELY ENFORCED.
THIS SITE AND THE INFORMATION HEREIN WOULD NOT BE PROVIDED WITHOUT
SUCH LIMITATIONS.
13.
Third-Party Services.
We allow access to or advertise for Merchants from which you may
purchase certain goods or services. You understand that we do not operate
or control the products or services offered by Merchants.
Our sole involvement is to submit order forms completed by users of
through our Site to Merchants for processing.
Merchants are responsible for all aspects of order processing,
fulfillment, product performance and warranties, billing and customer
service. We are not a party to the transactions entered into between you
and any Merchants. You agree that your use of such Merchants is AT YOUR
OWN RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED,
STATUTORY OR OTHERWISE INCLUDING, WITHOUT LIMITATION THE IMPLIED
WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY,
NONINFRINGEMENT OF THIRD PARTY RIGHTS, OR ARISING OUT OF COURSE OF CONDUCT
OR TRADE CUSTOM OR USAGE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM THE
TRANSACTIONS BETWEEN YOU AND ANY MERCHANTS OR FOR ANY INFORMATION
APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
14.
Third-Party Merchant
Policies. All rules,
policies including privacy
policies and operating
procedures of Merchants will apply to you while on such sites. We are not
responsible for information provided by you to Merchants. We and the
Merchants are independent contractors and neither party has authority to
make any representations or commitments on behalf of the other.
In addition, Distinctions has no liability to you in the event a
product is listed at an incorrect price due to typographical errors in
pricing information. Merchants
shall be solely responsible for pricing and errors in pricing.
Merchants shall have the sole right to refuse or cancel any orders
placed for product listed at the incorrect price. Merchants shall also have the sole right to refuse or cancel
any such orders whether or not the order has been confirmed and your
credit card charged.
15.
Privacy Policy.
Our Privacy Policy, as it may change from time to time, is hereby
incorporated by reference herein and shall be deemed a part of this
Agreement for all interests and purposes.
16.
Credit Card Payments.
You represent and warrant that if you are purchasing something from us or
from any Merchants that i any credit information you supply is true and
complete, ii
charges incurred by you will be honored by your credit card
company, and iii you will pay the charges incurred by you at the posted
prices, including any applicable taxes.
17.
Links to Other Web Sites.
The Site contains links to other web sites.
We are not responsible for the content, accuracy or opinions
expressed in such web sites, and such web sites are not investigated,
monitored or checked for accuracy or completeness by us, nor do we
maintain any editorial or other control over such web sites.
Inclusion of any linked web site on our Site does not imply
approval or endorsement of the linked web site by us.
If you decide to leave our Site and access these third-party sites,
you do so solely at your own risk.
18.
Miscellaneous.
This Site excluding
linked sites is controlled by
Distinctions from its offices within the State of California, United
States of America. Both
parties agree that this Agreement shall be deemed executed and performed
by both parties in San Diego, California. This
Agreement shall be interpreted and enforced according to the substantive
laws of the State of California, without application of its conflicts or
choice of law rules. Both you
and Distinctions irrevocably submit to the jurisdiction of the state
and/or federal courts located in San Diego, California for any action or
proceeding regarding this Agreement, and waive any right to assert the
doctrine of forum non conveniens or otherwise object to the jurisdiction
or venue of the courts in San Diego County, California. Distinctions makes
no representation that materials on the Site are appropriate or available
for use in locations other than San Diego, California, and accessing them
from territories where their contents are illegal is prohibited.
Those who choose to access this Site from other locations do so
solely on their own initiative and are solely responsible for compliance
with local laws. Any cause of
action by you with respect to the Site and/or any information, products or
services related thereto, must be instituted within one
1 year after the cause
of action arose or be forever waived and barred. All actions shall be
subject to the limitations set forth in this Agreement.
The language in this Agreement shall be interpreted as in
accordance with its fair meaning and not strictly for or against either
party. Should any part of
this Agreement be held invalid or unenforceable, that portion shall be
construed consistent with applicable law and the remaining portions shall
remain in full force and effect. To
the extent that anything in or associated with the Site is in conflict or
inconsistent with this Agreement, this Agreement shall take precedence.
Our failure to enforce any provision of this Agreement shall not be
deemed a waiver of such provision nor of the right to enforce such
provision.
19.
Attorneys' Fees.
In the event a dispute arises regarding this Agreement or the use
of the Site, the prevailing party shall be entitled to recover reasonable
attorneys' fees and costs incurred, in addition to damages and any other
relief to which it is entitled.
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