terms & conditions
Last updated on January 21, 2015
Changes to the Terms
We may make changes to the Terms from time to time and at any time without notice to you by posting modifications to the Terms at the Sites. All changes are effective immediately when we post them. By using the Sites following such changes, you agree to be bound by such changes. Please check the Sites periodically to familiarize yourself with any changes that may have been made to the Terms. You can determine when the Terms were last changed by checking the “Last Updated” reference above.
The Sites are offered and available to users who reside in the United States or any of its possessions or territories, and are at least the age of majority in your jurisdiction of residence. By using the Sites, you represent and warrant that meet the foregoing eligibility requirements. If you do not meet all of these requirements, you are not authorized to use or access the Sites.
All elements comprising the Sites, including without limitation, the text, site design, logos, graphics, icons, images, software and sounds as well as the selection, assembly and arrangement thereof (collectively, “Content”) are the property of Dohmen, Affiliates, or their licensors, and are protected by applicable U.S. and international intellectual property laws. Dohmen, Affiliates and their licensors expressly reserve all intellectual property rights in all Content.
The collection, selection and arrangement of the Content on the Sites is the exclusive property of Dohmen or Affiliates and is protected by U.S. and international copyright laws.
The trademarks, service marks, trade names, and logos appearing on the Sites are owned by Dohmen, Affiliates or others. All rights in such trademarks are reserved by their respective owners.
Use of Site; Restrictions
Subject to your compliance with the Terms, permission is granted to you to use the Sites for your own personal non-commercial use, or directly in connection with your commercial purpose in doing business with Dohmen or Affiliates. You may download, print, and copy Content for such purposes only, provided you do not modify or alter the Content or violate the Terms in any way. Any other use is strictly prohibited. Without limiting the foregoing sentence, you will not: (i) modify, revise, translate or create any derivative works of the Sites or any of its Content; (ii) decompile, reverse engineer, disassemble or otherwise attempt to derive the source code for the Sites; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Sites or any of its Content; (iv) remove or alter any proprietary notices, legends, symbols or labels in the Sites, including, but not limited to, any trademark or copyright notices; (v) transmit a virus or other destructive mechanisms to the Sites or users of the Sites; (vi) create a database by systematically downloading and storing any Content from the Sites; (vii) use an automated search / retrieval application (e.g., a robot or spider) or device to access, scrape, data mine, or index the Sites or any portion of the Sites without our express written consent; (viii) take any action that imposes an unreasonable or large load on the Sites or makes excessive traffic demands of the Sites; (ix) attempt to gain unauthorized access to the Sites or any of the servers on which it is hosted; (x) frame or mirror all or any portion of the Sites; or (xi) otherwise attempt to interfere with the proper operation of the Sites.
Your permission to access or use the Sites or any Content immediately terminates in the event you breach any of the Terms. Any rights not granted to you in the Terms are expressly reserved by us.
If you choose or are provided with a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Sites or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.
Communications with Us
By sending us any ideas, comments, suggestions, questions or other material, you grant us an unrestricted, royalty-free, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such material in any manner, including in connection with our business, and you also agree that we are free to use any ideas, concepts, know-how or techniques that you send us for any purpose.
The information presented on or through the Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, or by anyone who may be informed of any of its contents. We may update the Sites from time to time, but the Content is not necessarily complete or up-to-date. Any of the Content on the Sites may be out of date at any given time, and we are under no obligation to update such material. Products or services shown on the Sites may not be available in your area.
Third Party Sites
The Sites may include links to websites or applications operated by third parties. We make no representations whatsoever about any third party websites or applications that you may access through the Sites. Your use of such sites or applications is at your own risk.
Any and all links to our Sites must be approved by us in writing, except where: (i) the link is a non-misleading, text-only link to www.dohmen.com, or an Affiliates primary web page and not to deeper internal or subsidiary pages; (ii) when activated, the link will display the Site on the full-screen and in a fully operable and navigable browser window and not within a "frame" on the linked third party site; (iii) the appearance, position, and other aspects of the link may neither create the false appearance that a third party or its activities, products or services are endorsed by, associated with or sponsored by us; and (iv) the appearance, position, and other aspects of the link does not damage or dilute the goodwill associated with our names or trademarks.
You agree to indemnify, defend, and hold harmless Dohmen, Affiliates, their subsidiaries, their affiliates and their respective officers, directors, managers, employees, agents, representatives, suppliers and content and service providers from and against all losses, expenses, damages and costs, including reasonable attorneys fees, resulting from your use of the Sites, your violation of the Terms, or any activity related to your use of the Sites.
Disclaimers; Limitation of Liability
THE SITES, THEIR CONTENTS, AND THE PRODUCTS AND SERVICES AVAILABLE ON THE SITES ARE PROVIDED ON AND “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOHMEN, AFFILIATES, AND THEIR SUBSIDIARIES AND AFFILIATES, EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITES, THEIR CONTENTS, THEIR USES AND THE PRODUCTS AND SERVICES OFFERED ON THE SITES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY AND FREEDOM FROM COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF THE SITES IS AT YOUR OWN RISK. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT SHALL DOHMEN, AFFILIATES, OR THEIR SUBSIDIARIES OR AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES EVEN IF MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE SITES, ANY MATERIALS AT THE SITES, OR ANY PRODUCTS OR SERVICES AVAILABLE AT THE SITES. YOUR ONLY REMEDY FOR USE OF THE SITES OR ANY MATERIAL, PRODUCTS OR SERVICES AVAILABLE AT THE SITES IS TO STOP USING THE SITES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The Site is controlled by Dohmen from its headquarters in Wisconsin. Your use of the Sites shall be governed by the laws of the State of Wisconsin without regard to its choice of law principles. You agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Milwaukee County, Wisconsin with respect to any legal proceedings arising out of the Terms or your use of the Sites.
No delay or omission by Dohmen or Affiliates in exercising or enforcing any right under the Terms will operate as a waiver of that or any other right. If any provision in the Terms is held invalid, the remainder of these Terms shall continue to be enforceable. If any provision in the Terms is deemed unlawful, void or unenforceable, then that provision is deemed severable from the Terms and the remaining provisions are still valid and enforceable.
You acknowledge that the Sites, or any services or materials provided on the Sites, may be modified, updated, interrupted, suspended or discontinued at any time without notice. We will not be liable if for any reason all or any part of the Sites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites, or an entire Site, to users, including registered users.
We may close your account, suspend your ability to use all or certain portions of the Sites, and/or ban you altogether from the Sites for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing or using the Sites. The Terms remain in effect even after your account or ability to access the Sites is terminated.