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TERMS
OF USE.
The use of this web site is
restricted to those persons 18 years of age or older. If you are under 18 years
of age, please exit this website immediately. This web site is offered to you,
conditioned on your acceptance without modification, of the following terms,
conditions, and notices contained in this agreement (the "Terms of Use"). Your
use of this Web site constitutes your agreement to all such terms, conditions,
and notices in effect at such time. If you have any questions regarding these
Terms of Use, you may contact us at
support@askdsw.com.
By accessing the Site you agree that the statutes and
laws of the United States and the state of New Jersey will apply to all matters
relating to use of the site, and you agree that any litigation shall be subject
to the exclusive jurisdiction of the state or federal courts in the state of New
Jersey. You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the Site, or the
Terms of Use, must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
This web site is in compliance with the Digital Millennium Copyright Act of 1998. If
you have any questions or concerns regarding copyright issues, please e-mail us
at
support@askdsw.com.
The section titles in the Terms of Use are for
convenience only and have no legal or contractual effect.
We may amend or revise these Terms of Use at any time without notice. These Terms of
Use were last updated on 12/08/10.
Changes to these Terms of Use since inception are noted at the end of this
agreement.
YOUR USE OF THE WEB SITE. You acknowledge and agree that all of the
content and information posted on this Web site is the sole and exclusive
property of Direct Supplies Warehouse, Inc. (DSW), and that you have no
right to reproduce, post, publish, or otherwise use such information. You
acknowledge that a violation of the foregoing could result in significant
damages, and you agree that you are liable to DSW for any such damages, and will
indemnify DSW in the event of any third party claims against DSW based on or
arising from your violation of the foregoing. We reserve the right to revoke
your access to the DSW web site and services at any time. If it is determined or
suspected by DSW, in its sole discretion, that you are misusing or attempting to
misuse or circumvent the DSW services or system, or are using or attempting to
use them for any inappropriate, non-personal, or commercial purposes, DSW
reserves the right to immediately terminate your access without notice and to
initiate, without notice, appropriate legal actions or proceedings to seek
appropriate remedies and/or damages, including but not limited to lost revenue,
repairs, legal fees, costs and expenses, and to seek injunctions or other
equitable remedies.
Optional Online Registration:
Registration is an optional service provided by our Site. You do not have to
register to browse online. When you register, you may be asked for business
information such as your contact name, business name, address, phone number,
e-mail address, or password. This registration information may be used to help
make your online shopping quicker and easier, by pre-populating certain parts of
your shopping information.
PRIVACY.
We
know that the confidentiality and security of your business and personal
information is very important. This Privacy and Security Policy is to let you
know about the manner in which we collect, use, disclose and otherwise manage
the information you entrust to us.
In general, you can visit our site without telling us who you are or providing
us with any personal information. However, we may collect the IP (Internet
protocol) addresses of all visitors to our site and other related information
such as page requests, browser type, operating system and average time spent on
our site. We may use this information to monitor and improve our site. We will
not disclose this information unless required to do so by law.
Cookies: Our site may use a technology called "cookies". A
cookie is a tiny element of data that our site can send to your browser, which
may then be stored on your hard drive so we can recognize you when you return.
All pages on our site where you are prompted to log in or that are customizable
require that you accept cookies. If you have registered with our site, these
cookies (1) may let us know who you are, (2) are necessary to access your
account information (stored on our computers) in order to deliver products and
personalized services, and (3) will provide us and our service providers with
information that we will use to personalize our Site in accordance with your
preferences. Cookies are also required to optimize your shopping experience in
that they allow you to add multiple items to your shopping basket before
checking out. You may set your Web browser to notify you when you receive a
cookie. However, should you decide not to accept cookies from our Site, you will
limit the functionality we can provide when you visit our Site.
Collection and Use of
Information: We may collect information that you provide us when
you:
·
Purchase, order, return, exchange or request
certain information about our products and services;
·
Contact a Call Center, sales associate or
customer service desk;
·
Register with our Site; or
·
Provide us with comments or suggestions.
Call
Centers: When you contact one of our Call Centers about a
product, delivery, a billing question, or for customer service, you may be asked
for information that identifies you along with additional information we need to
help us promptly answer your question, such as your name and address and a phone
number where we might contact you or another person in your business. We may
retain this information to assist you in the future.
Other
Uses of business information: DSW uses business information,
including information provided to us from our Service Providers, to continually
assess and improve the products and services we offer. We may also inform your
company about products and services, sales and special offers that might benefit
your business. When you register online or participate in a survey, you will
have the opportunity to sign up for e-mails about our products, services, sales
and special offers. With your permission, we may also send you email, faxes,
mail or call your business with information about our product and service
offerings, but only if you have provided us with your business name and address,
email address, fax or phone numbers.
Your
Suggestions: We use your feedback, suggestions, survey
information and comments solely to monitor and/or improve the ways we serve you.
Business Information Disclosure: DSW maintains the strict
confidentiality of the business information in its possession. Accordingly, DSW
will not trade, rent or sell your business information, without the prior
consent of your company, except as otherwise set out herein.
Sale
of Business: DSW reserves the right to transfer any information
we have about your business in the event we sell or transfer all or a portion of
our business or assets to a third party acquirer.
Legal: Please note that DSW must provide your business
information in response to a search warrant or other legally valid inquiry or
order, or to an investigative body in the case of a breach of an agreement or
contravention of law, or as otherwise required by law. We may also disclose
business information to assist us in collecting a debt owed by your company.
Security of Business Information: We will maintain the confidentiality of
all business information collected in our Call Centers, our Site and from our
Service Providers and will only disclose such information to employees and
Service Providers who require such information for the purposes described. We
maintain administrative, technical and physical safeguards to protect against
unauthorized access, use, modification and disclosure of business information in
our custody and control.
Security Measures on our Site:
Secure Shopping: When you place orders on our Site, all of your
order information, including your credit or debit card number and delivery
address, is transmitted through the Internet using Secure Sockets Layer (SSL)
technology. SSL technology causes your browser to encrypt your order information
before transmitting it to our secure server. SSL technology, an industry
standard, is designed to prevent someone other than operators of our Site from
capturing and viewing your business information.
DSW
also takes the following measures to protect your business information online:
Passwords:
To provide you with an increased level of security, online access to your
business information is protected with a password. We strongly recommend that
you do not disclose your password to any third party. DSW
will never ask you for your password in any unsolicited correspondence such as
letters, phone calls or e-mail messages.
Order Information:
Since any order information you provide to us on our Site will be transmitted
using a secure connection, if your Web browser cannot support this level of
security, you will not be able to order products through our Site. The most
recent versions of Netscape Navigator™ and Microsoft Internet Explorer® can
support a secure connection and can be downloaded for free from the Netscape and
Microsoft website respectively.
No data transmission over the Internet can be guaranteed to be 100% secure.
While we strive to protect your company’s business information from unauthorized
access, use or disclosure, DSW
cannot ensure or
warrant the security of any information you transmit to us on our Site.
DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEB SITE.
Permission to use documents (such as press releases, datasheets, content,
informational items and FAQs) from the DSW server ("Server") is granted,
provided that (1) the below copyright notice appears in all copies and that both
the copyright notice and this permission notice appear, (2) use of such
documents from the Web site is for your informational and non-commercial or
personal use only and will not be copied or posted on any network computer or
broadcast in any media, and (3) no modifications of any Documents are made. Use
for any other purpose is expressly prohibited by law, and may result in severe
civil and criminal penalties. Documents specified above do not include the
design or layout of the DSW Web site or any other DSW owned, operated, licensed
or controlled site. Elements of the Web site are protected by trade dress,
trademark, unfair competition, and other laws and may not be copied or imitated
in whole or in part. No logo, graphic, sound or image from any DSW web Site may
be copied or retransmitted unless expressly permitted by DSW.
LINKS
TO THIRD PARTY SITES. The links in the DSW Web
site will let you leave the DSW Web site. The linked sites are not under the
control of DSW and DSW is not responsible for the contents or functionality of
any linked site or any link contained in a linked site, or any changes or
updates to such sites. DSW is not responsible for web-casting or any other form
of transmission received from any linked site. DSW is providing these links to
you only as a convenience, and the inclusion of any link does not imply
endorsement by DSW.
INDEMNIFICATION. You agree to indemnify DSW, and its subsidiaries,
affiliates, officers, employees, agents, co-branders, and other partners and
hold them each harmless from any and all claims or demands, including attorney's
fees, made by any third party due to or arising from your use of the DSW
services or in connection with the DSW web site or your violation of these terms
and conditions, or arising from your violation of any rights of a third party.
GENERAL PROVISIONS. You acknowledge and agree that the DSW services are
provided to you on an "AS IS" basis without any warranty whatsoever, and your
sole and exclusive remedy, and DSW’s sole obligation to you or any third party
for any claim arising out of your use of the DSW services or the DSW Web site,
is that you are free to discontinue your use of the DSW services or the DSW Web
site at any time. Except as expressly set forth herein, DSW expressly disclaims
any implied warranties of any kind, including, but not limited to, warranties of
merchantability or fitness for a particular purpose, and you agree that DSW
shall have no liability for direct, indirect,
special, incidental, consequential (including lost profit), exemplary or
punitive damages arising out of this agreement or any consequences that flow
from it. Some states do not allow limitations on or exclusion of incidental or
consequential damages. In such states, the above exclusions may not apply to
you.
Severability:
The Terms of Use will inure to the benefit
of DSW'’s successors, assigns and licensees. If any provision of these Terms of
Use shall be deemed unlawful, void or unenforceable, for any reason, by any
court of competent jurisdiction, that provision shall be modified in order to
make it enforceable, while maintaining the spirit of the provision.
Alternatively, if modification is not possible, such provision shall be stricken
and shall not affect the validity and enforceability of the remaining terms. The
failure of DSW to exercise or enforce any right or provision of the Terms of Use
shall not constitute a waiver of any such right or provision.
Changes to the Terms of Use
To help you track the changes to our Terms of Use, a history of material changes
will be noted here, beginning with any changes published after December 8, 2010.
At this time, no changes have been made since the original publication of this
agreement.
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