TERMS AND CONDITIONS OF SALE
These Terms shall govern all orders and contracts for the sale of goods from D2S to the person or entity (the “Customer”) purchasing D2S’s goods through the use of this website. These Terms supersede any prior written or oral agreement, understanding, representation or promise, and any pre-printed or standard terms and conditions related to D2S’s products, and these Terms are the sole and exclusive terms governing the purchase of the product. To the extent any terms contained herein are different from or inconsistent with any other statement, writing, or communication, the terms in these Terms shall control unless the conflicting is acknowledge in a writing signed by an authorized representative of D2S.
LIMITATION OF LIABILITY: NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN: (A) IN NO EVENT SHALL D2S BE LIABLE FOR ANY EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER FORESEEABLE OR NOT, INCLUDING WITHOUT LIMITATION, THIRD PARTY CHARGES AND COSTS, REGARDLESS OF THE CAUSE, INCLUDING WITHOUT LIMITATION, THE NEGLIGENT ACTS OR OMISSIONS, BREACH OF CONTRACT, WARRANTY (EXPRESS OR IMPLIED) OR DUTY (STATUTORY OR OTHERWISE) OR STRICT LIABILITY OF D2S OR ANY OTHER THEORY OF LEGAL LIABILITY; AND (B) D2S’ AGGREGATE LIABILITY ARISING FROM OR IN CONNECTION WITH ALL ORDERS AND CONTRACTS FOR GOODS UNDER THESE TERMS SHALL NOT EXCEED THE CONTRACT PRICE FOR THE GOODS FOR WHICH LIABILITY IS CLAIMED.
APPLICABLE LAW; VENUE; ARBITRATION: The rights and duties of the parties hereunder shall be governed by the laws of Georgia and exclusive venue for any court action shall lie in Atlanta, Georgia. Any action or proceeding with respect to this agreement shall be resolved by binding arbitration through the American Arbitration Association (“AAA”) conducted by arbitrator(s) selected by the mutual agreement of Customer and D2S. This agreement is made pursuant to a transaction in interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C.A § 1, without regard to conflict with local applicable laws. The arbitration will be conducted in Atlanta, Georgia at an office to be determined by the Arbitrator. The prevailing party (as determined by the Arbitrator) shall be entitled to recover the cost and expense of the arbitration, including reimbursement of all reasonable attorneys’ fees, expert witness fees, costs of appeal and costs to enforce the arbitration provision contained herein. Nothing herein shall limit any rights under construction lien laws.
INDEMNITY: Customer agrees to indemnify and hold D2S harmless from and against any and all losses, liabilities, claims, fees (including reasonable attorney fees), expenses, and other costs incurred by D2S as a result of Customer failing to use the product in accordance with Section 4 of these Terms, or failing to pay all amounts required under Section 1 of these Terms.
NO OTHER CONTRACT PROVISIONS; OTHER: There are no representations, agreements, obligations, or conditions, expressed or implied, statutory or otherwise, relating to the subject matter hereof, other than contained herein. These Terms constitute a completely integrated agreement and cannot be modified unless modifications are accompanied by signed writing approved by D2S. If any provision hereof is invalid or not enforceable under applicable law, the remaining provisions shall remain in full force and effect. D2S reserves the right to transfer or assign its obligations, rights and responsibilities hereunder, so long as such successor or assign agrees to these Terms. D2S’ failure to require Customer’s performance of any of these Terms shall not serve as a waiver of or diminish D2S’ rights to require strict performance of these Terms.
All users, as a condition of accessing and using the site, acknowledge and agree that they are using the D2S website and products solely for lawful purposes, and that no unlawful dealings or transactions are being facilitated through the use of the site and/or products.
Features and Use
Confidentiality and Non-Disclosure
D2S hereby agrees that it will not disclose to any third party any of the payment information received by D2S during the sale process, such as credit card or debit card numbers, expiration date, security code, or other similar information. In addition, D2S will not disclose any physical addresses and telephone numbers without your consent, which may be obtained by D2S receiving an electronic confirmation of acceptance.
Data Collected by D2S
Various data is collected each time a person visits the D2S website, including the name of the visitor’s internet service provider, the website used by the visitor to link to the site, the websites the visitor accesses from our site, the visitor’s IP-Address, and other similar data that is not inputted by the user. This data is owned and used by D2S for statistical, business operation, marketing, and other purposes. D2S will not use such data in a manner that identifies you to any third party. Additionally, this data and your identity will not be transmitted to third parties to solicit to you various goods or services unless you request or have requested otherwise, or unless such transmission is helpful in providing you goods or services you have already requested.
Data Provided by Users
All information and materials contained on this website including written or video content, data, profiles, graphics, links, ratings or descriptions, or any other items are being provided “AS IS” and D2S is making no warranty as to the accuracy, adequacy or completeness of any information or material, except for official content prepared by D2S. D2S hereby expressly disclaims any liability, and the user agrees that D2S shall not be liable, for any loss, liability, damage, cost, or expense related to or connected to the user’s use of or reliance on the “AS IS” contents of this website. The user recognizes that D2S is not making any warranties of any kind in connection with the website including, but not limited to, warranties of title, merchantability, fitness for a particular purpose and freedom from computer viruses.
D2S shall not be liable for any damages of any kind for any loss or expense suffered by any user in connection with the use of this website including, but not limited to, direct, indirect, special, incidental, or consequential damages.
Sharing of Data
D2S hereby agrees that any data submitted to D2S by a user of the website which is personally identifiable information with respect to such user will be held by D2S and not distributed to any person or third party in a format that could reasonably identify the user without the user’s prior consent. D2S may, however, aggregate, analyze, combine, segregate, de-identify, or otherwise manipulate all such data and use any such data for any purpose D2S deems to be appropriate, so long as the disclosure of any such data does not specifically link or identify a person with any of their PII. Any data submitted to D2S that is not personally identifiable information is owned by and may be used by D2S in any manner that D2S determines.
BY AGREEING TO THESE TERMS AND CONDITIONS, THE USER UNDERSTANDS THAT DATA SHARED WITH THIRD PARTIES IN ACCORDANCE WITH THE PRECEDING PARAGRAPH MAY BE USED BY D2S AND/OR SUCH THIRD PARTIES FOR MARKETING AND OTHER COMMUNICATION PURPOSES.