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. 

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. It is the users responsibility to insure that their web browser supports the needed level of security to purchase from our site.

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.