Derusha Supply ("DS") Website Terms Of Use Agreement
Please read these Website Terms of Use ("Terms") carefully. Your access to, and use of, this website ("Site") is subject to these Terms, which DS may change at any time without notice. All information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the Site (collectively "Content"), is intended for lawful use by DS customers, employees and members of the general public who are over the age of 13, and citizens of the United States or Canada. The Site is controlled and operated in whole or in part by DS from its offices within Canada. DS makes no representation that these materials are appropriate or available for use in other locations, and access to them from territories where Content is illegal is prohibited. Those who access the Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. You acknowledge that DS reserves the right in its sole discretion to refuse or terminate your access to the Site at any time. By using this site, you agree to be bound by these Terms. You represent you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent. If you do not agree to these terms, please do not use the site.
Copyright Notice
This site and the Content are copyright protected in the name of Derusha Supply, Inc. and its Affiliates. Any unauthorized use of any Content at this Site may violate copyright, trademark, and/or other laws.
Trademarks
There are a number of proprietary logos, service marks, trademarks, slogans and product designations on this Site. By making them available, DS is not granting you a license to use them in any fashion. Access to this Site does not confer upon you any license under any of DS' or any third party's intellectual property rights. No DS trademark or service mark may be used as a hyperlink without DS' prior written permission.
Disclaimer
All content is provided on an "as is" and "as available" basis, without any express or implied warranty of any kind including warranties of merchantability, noninfringement of intellectual property, or fitness for any particular purpose. In no event shall Derusha Supply or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use of or inability to use the site or its content, even if Derusha Supply has been advised of the possibility of such damages. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. DS and its suppliers further do not guarantee the accuracy or completeness of the Content. DS makes no commitment to update the Content.
Further, Derusha Supply does not warrant or make any representations regarding the availability, use, timeliness, security, validity, accuracy, or reliability of, or the results of the use of, or otherwise respecting, the content of the site or any other website linked to or from the site. Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of content, or use of this site. No advice or information, whether oral or written, obtained by you from Derusha Supply shall be deemed to alter this disclaimer of warranty, or to create any warranty.
Limitation of Liability
DS will not be liable for any damages of any kind arising out of or relating to the use or the inability to use this site, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure, and all other direct, indirect, special, incidental, exemplary or consequential damages even if Derusha Supply has been advised of the possibility of such damages. Notwithstanding the foregoing, DS' total liability to you for all losses, damages, and causes of action, including but not limited to those based on contract, tort or otherwise, arising out of your use of this site, its content or links, shall not exceed the amount you paid to access this site.
Revision
DS may modify, suspend, withdraw or discontinue, temporarily or permanently, the Content, or the products described therein in whole or in part, at any time without notice. You agree that DS shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content. By using the Site, you agree to be bound by any such revisions, and you agree to periodically visit this page to determine the then current website Terms to which you are bound.
Termination
DS, in its sole discretion, may terminate or restrict your use or access to this Site (or any part thereof) for any reason, including, without limitation, that DS believes you have violated or acted inconsistently with the letter or spirit of these Terms, or the terms, conditions, or rules of a sweepstakes, contest, or other promotion contained within the Site.
Compliance with Law
You agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content.
Links to Other Material
If you decide to access any of the third-party sites linked to or from this Site, you do this entirely at your own risk. You must take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. References on this Site to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. DS makes no representation or warranty as to any third party Content, products or services, and you agree that DS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party Content, products or services available on or through any such site or resource.
If you choose to participate in a promotion or other DS -sponsored activity ("Website Activity"), you agree to comply with any rules or regulations governing such Website Activity. Additionally, as a condition of your continued participation in the website Activity, you agree not to: 1) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 2) harm minors in any way; 3) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; 4) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website Activity; 5) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 6) upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 7) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; 8) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 9) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; 10) "stalk" or otherwise harass another person or entity; or 11) collect or store personal data about other users. You agree that violation of any of the foregoing will result in your immediate disqualification from participating in the Website Activity and may result in additional legal actions by DS.
Privacy
Please refer to the Privacy Policy page for more information.
Products
While we will use our best efforts to fulfill all customer orders, DS cannot guarantee availability of any particular product displayed on this site. Our goal is a 100% error-free site. We also strive to make our catalogs error free. If price errors are discovered, they are promptly corrected on our systems, and the corrected price will apply to your order. We will notify you if your order includes items that were incorrectly priced. For further information regarding your product purchases, please read our Terms of Sale carefully. The Terms of Sale contain very important information about your rights and obligations as well as limitations and exclusions that may apply to you.
These Terms of Use and other DS documents cited herein constitute the entire agreement between you and DS and govern your use of the Site, superseding any prior agreements between you and DS relating to your use of this site. You will be subject to additional terms and conditions when you purchase products, participate in a sweepstakes, contest or other promotion, or use or download software. If any provision of these website Terms is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms. The failure of DS to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
If you have any questions about these Terms, please call us at 1-800-567-2778 or +1(819) 876-2722.
