Site Terms of Use and Privacy Policy

Dignant.com
Legal Disclaimer and Site Terms of Use

Dignant makes this website (the "Site") including, without limitation, all text, information, communications, documents, pages, files, images, graphics, photos, design, layout, code and software found on or through it (collectively, the "Content") and all products, services and opportunities provided by Dignant and third parties (collectively, the "Service"), available for your use subject to the following terms, conditions and policies set forth in this document (collectively, the "Terms" or "Agreement").

Please read the following Terms carefully before using the Site so that you, the user ("you" or "user"), are aware of your legal rights and obligations with respect to Dignant and its parents, subsidiaries, companies, affiliates and suppliers, together with their respective owners, officers, directors, employees, agents, representatives, partners, contractors, shareholders, successors and assigns (collectively, "we", "us", "our").

1.0 Acceptance of Terms. The following are terms of a legal agreement between you and Dignant. By accessing or using this Site in any way, you agree to be bound by the following terms, conditions and policies, including any future amendments. If you do not unconditionally agree to all of the terms of this Agreement, you will not be authorized to use this Site.

2.0 Changes to this Agreement. We reserve the right to change, add, or delete portions of the Agreement at any time and at any frequency without prior notice or liability to you or to any third party. The change will be effective immediately upon the posting on the Site. Your use of the Site after such changes constitutes your agreement to follow and be bound by the Agreement as modified.

3.0 Changes to the Site. We reserve the right to change, suspend or discontinue (temporarily or permanently) any aspect of this Site (in whole or in part) without any obligation, prior notice or liability to you or to any third party. Your continued use of this Site after such changes constitutes your acceptance of those changes.

4.0 Eligibility. This Site is intended to be available only to entities and persons over the age of legal majority who can enter and form legally binding agreements under applicable law. If you do not qualify do not use the Site.

5.0 Conduct and Use. You agree to use this Site only for lawful purposes. Your use of this Site is subject to this Agreement and all applicable local, state, national and international laws and regulations. Unauthorized use of this Site may give rise to a claim for damages and/or be a criminal offense.

You are will not use the Site to: Circumvent any technological measure that protects this Site; Collect, solicit or store any personal identifiable information about other users; Delete or in any way alter any copyright, trademark, or other proprietary rights notices; Falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity or otherwise commit fraud; Forge TCP/IP packet headers or manipulate any data to send altered, deceptive, or false source-identifying information; Impersonate any person, company, government or entity; Interfere with, disrupt, impair or burden this Site or the networks or services connected to this Site; Mask your presence on this Site; Probe, scan or test the vulnerability of any system or network; Publish, post, broadcast, email, distribute, or upload (collectively "Transmit") any content that is profane, vulgar, indecent, inappropriate, obscene, or contains nudity or pornography, is deceptive, inciting to unlawful action, infringing, defamatory, libelous, invades the privacy of any third party, is hateful, constitutes hate speech, or contains objects or symbols of hate, is abusive, harassing, harmful, threatening, violent, or is otherwise deemed objectionable; Register an account on behalf of any group, entity or an individual other than yourself; Register for more than one account; Use an account and password belonging to someone else; Resell, duplicate, copy, sell, trade, reproduce, manipulate, or exploit for any commercial purposes, any portion of or use of this Site in whole or in part; Transmit any content that contains software or any other computer code, files, or programs that may damage, interrupt, destroy or limit the functionality of this Site or any computer software, hardware or communications equipment; Transmit any unsolicited or unauthorized advertising, promotional content, junk mail, spam, chain letters, or any other form of solicitation to sell any products or services without our prior written consent; Violate any applicable law, regulation, ordinance or otherwise engage in any illegal activity; or use this Site in any manner not permitted by this Agreement.

6.0 Correction of Errors and Inaccuracies. We are not responsible for any typographical errors or other errors or inaccuracies that may appear on or through this Site and we expressly exclude liability for any such errors to the fullest extent permitted by law. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the Site at any time without prior notice. We do not guarantee that any errors, inaccuracies or omissions will ever be corrected.

7.0 Website Accessibility. This Site may be inaccessible or not function properly with certain types of browsing devices and operating systems. We are not liable for any perceived or actual damages arising from the operation, content, or use of this Site.

8.0 Submissions. Except for financial or personally identifiable information, any information, ideas, notes, suggestions or communications, whether publicly posted or privately transmitted, that you provide to us or that we obtain through this Site (collectively, the "Submissions") shall be deemed and shall remain our sole property and will be treated as non-confidential and non-proprietary. You represent and warrant that you own the Submissions or otherwise have the right to grant the license set forth below, and the public posting and use of the Submissions does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any third party.

You hereby grant us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, give away, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the Submissions and any ideas or original content contained in the Submissions, in any form, medium, or technology now known or later developed, without any compensation to you. This grant shall include the right to exploit any and all proprietary rights in the Submissions including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You further waive all rights to any claim against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Submissions. We are under no obligation to use your submission, return your submission, or respond to your submission.

9.0 Administrative Monitoring. We have no obligation to monitor this Site. However you consent to monitoring of this Site at all times by us, the server admin and the server hosting data center and its authorized agents and contractors. You further agree that we may monitor and review any areas of this Site where you transmit, post or communicate with other users and the content of the communications in those areas. In the event of a criminal investigation or a suspected illegal activity, we may (and you authorize us to) disclose the content of any communications you may have on this Site to law enforcement or other government officials if required to do so by law, or by search warrant, subpoena or court order. If you do not wish to consent to monitoring you should immediately quit using this Site.

10.0 Linking to this Site. You may link to this Site only for personal, non-commercial purposes. You may not link to this Site from any website that is unlawful, abusive, indecent, obscene, that promotes violence or illegal acts or that in our sole opinion is otherwise inappropriate.

Each link must resolve to a fully displayed page within this Site that includes all original text, code, trademarks, branding, advertising and other content, without any additional text, code, trademarks, branding, advertising or other content that was not originally included on the page within this Site.

11.0 Use of the Services. When using any services on this Site that are offered directly by us, you shall be subject to any posted guidelines, rules, or licenses applicable to such services and to this Agreement.

12.0 External Links. This Site may provide links to external third party websites and resources (collectively, the "Third Party Links") that we do not own, operate or have any responsibility for. Please be aware that we have no control over these sites and our privacy policy does not apply to these websites.

We do not guarantee, approve or endorse the advertisements, images, text, information, software, products, services or other content available on or through these Third Party Links (collectively, the "Third Party Content"), nor does a link indicate any association with or endorsement by the linked website.

Nor do such links represent or endorse the accuracy or reliability of any Third Party Content provided on or through any Third Party Links, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.

You agree that any correspondence or business dealings with, or participation in promotions of, merchants found on or through these Third Party Links, including, without limitation, payment and delivery of products or services, are solely and entirely between you and the third party.

13.0 Disclaimer Of Endorsement. Reference to any products, services, third party links or other information by trade name, trademark, service mark, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation in any way by us. It shall be your own sole responsibility to ensure that any products, services or information available on or through this Site meet your specific requirements.

14.0 Children Online Protection Act. Pursuant to 47 U.S.C. Section 230 (d) as amended, we are hereby notifying you to the existence of certain online supervisory tools, including, but not limited to, computer monitoring hardware and software, content filtering software and services and special browser software, that will help you limit the access to content that might be harmful to minors and help you provide a safe, constructive, educational and entertaining experience online. More information can be found at the GetNetWise website, http://getnetwise.org.

15.0 Copyright and Trademarks. All content displayed on this Site, including, without limitation, all information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks, are protected by copyright, trade mark and other intellectual property laws. All rights reserved.

You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, disseminate, broadcast or circulate, publicly perform, publicly display, or in any way or by any means exploit any of the materials or content on this Site in whole or in part without the express prior written consent from us or the respective third party owner. If you download or print a copy of the content for personal use, you must retain all copyright and other proprietary notices contained therein. We will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Nothing contained on this Site should be construed as granting you any license or right to use any trademarks or service marks displayed on the Site without the prior written permission of us or such third party that may own the marks. We reserve full ownership of and intellectual property rights in any content downloaded from this Site.

15.1 Limited License. You may use, download, print and store copies of this Site for your own personal, non-commercial use, provided that this Site is not modified or altered in any manner and that you respect and retain all copyright, trademark, and other proprietary notices contained in this Site. This permission does not extend to content owned by third parties. You may learn from and adapt elements of our document source code and CSS in your own original projects but the unique combination of images, colors, sizes, typography, and positioning belongs to us and or other third parties and may not be reproduced. Any unauthorized use of this Site is subject to all applicable penalties available to the copyright owner under the applicable copyright laws.

15.2 Software. All software and accompanying documentation is the copyrighted and/or patented work of us and/or our suppliers. Use of the software is governed by the terms of the license agreement that is included with such software. You can not download, install or use any software unless you first agree to the terms of said license agreement. Any software that is not accompanied by a license agreement, we hereby grant you, a personal, nontransferable license to use the software in accordance with this Agreement.

You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software available on this Site. Any reproduction or redistribution of the software is expressly prohibited by law, and may result in severe civil and criminal penalties. All software and any accompanying documentation are subject to all applicable export control laws and regulations of the USA. You agree not to export or re-export the software, directly or indirectly, to any countries that are subject to USA export restrictions.

15.3 Third Party Rights. We neither warrant nor represents that your use of this Site will not infringe rights of third parties not owned by or affiliated with us.

15.4 Infringement Policy. If you believe in good faith that any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right has occurred on this Site please submit a written complaint with the following: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or the person defamed; Identification and detailed description of the works or materials claimed to have been infringed; A description of where the material that you claim is infringing is located on the Site, with sufficient detail so that we are capable of finding and verifying its existence; Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and e-mail address; A statement by you that you have a good faith belief that use of the material, in the manner complained of, is not authorized by the copyright or other proprietary right owner, its agent, or the law; and A statement by you that the information in your complaint is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

15.5 How to Contact Us Regarding Copyright Issues. To contact us regarding copyright issues, please send your message to: support [at] dignant [dot] com, or via postal mail to: Dignant, Support Dept, PO Box 6938, Silver Spring, MD 20916.

16.0 Limitations of Advice. We do not represent or endorse the accuracy or reliability of any article, advice, opinion, statement, suggestion or other information that is found on or through the Site. The information contained on the Site was compiled from a number of different sources, representing many different viewpoints and was obtained from sources believed to be reliable. We suggest that you use the Site as a general guide and starting point for continued research and to seek legal, accounting, financial, tax or other expert advice from a competent qualified professional before starting any business or implementing any ideas found on or through the Site. You agree that any use or reliance upon any information on the Site shall be at your own sole risk.

17.0 Earnings and Income Disclaimer. There is no promise or representation that you will make a certain amount of money, or any money, or not lose money, as a result of using this Site and Services. Earning examples, revenue, income statements, financial projections and all forward looking statements are estimates of what could be possible and are neither guarantees of income or employment nor assurance of profits or business success. As with any business, your results will vary and will be based on your personal abilities, experience, knowledge, capabilities, level of desire, and an infinite number of variables beyond our control, including variables we or you have not anticipated. There are no guarantees concerning the level of success you may experience. Each person's results will vary.

It is your responsibility to use caution when entering any new business or income opportunity and to seek the advice of an appropriately qualified accountant, lawyer, or other professional, before acting on any specific marketing claim, or information found on or through the Site.

You agree that we are not responsible for the success or failure of your business or income opportunity or your decisions relating to any information, techniques, programs, marketing claims, products or services found on or through the Site.

You hereby accept all inherent risks of any business or income opportunity you participate in and all money spent in setting up, running or marketing your business or income opportunity is your sole responsibility.

18.0 Privacy Policy. This privacy policy applies to your information that we directly collect and receive; it does not apply to practices of companies that we do not own or control or people not under our employ. You may use the Site without providing any personal identifiable information about yourself. By using the Site, you consent to the collection, manipulation, storage, disclosure, transfer and other uses of your information as described in this Privacy Policy. This policy does not apply to the practices of third parties that we do not own or control, or to individuals that we don't employ or manage. If you do not agree with any term in this Privacy Policy, do not use the Site.

18.1 Eligibility. This Site is intended to be available only to entities and persons over the age of legal majority who can enter and form legally binding agreements under applicable law. You must be over the age of legal majority to provide any personal information to us or the Site. If you do not qualify do not use the Site.

18.2 Information We Collect from You. When you access the Site we may collect the following information on all users through standard webserver logs: browser type, operating system, internet service provider (ISP), date/time stamp, referring/exit pages, files you accessed/downloaded, length of your visit, and other non-personal identifiable information. When you order products, request Services, request support or communicate directly with the Site, you may be requested to voluntarily supply some specific personal information such as your name, shipping address, billing address, telephone numbers, credit card information and email address.

Site Technology. We may use Internet technology, including, but not limited to, cookies, web beacons, web bugs, e-mail bugs, clear GIFs and tracker GIFs, in the Site or in our communications (collectively, the “Tracking Technologies”) to store and collect information concerning your use of the Site and our correspondence with you.

18.3 Use of Cookies. Cookies may be used to operate the Site and record your purchases, preferences and any account activity. We may also allow advertisers and other third parties to place cookies onto your computer when you use our Site. A cookie is a small data text file that is written to your hard drive or temporarily stored in your browser. This data file can be read only by the website that originally sent the cookie. Cookies cannot be executed as code or deliver viruses. If you choose to set your web browser to not accept cookies, you may still use the Site, but your ability to use some areas will be limited. Most shopping websites require that cookies be enabled in order to make online purchases. Disabling or blocking cookies will make it harder to use the Internet, especially for shopping purposes.

18.4 Use of Your Information by Us. Your information is used to answer your communications, deliver services, process your orders, provide you with customer support, and customize the Site. Web server logs are used to statistically analyze your visit for the purposes of internal server stats and may be shared, transferred, or sold as aggregate data to third parties. You agree that we may also use your information to notify you about changes or additions to the Site.

18.5 Anti-Spam Policy. We are opposed to unsolicited commercial email or spam. We do not send emails to anyone without permission and we do not sell or provide email addresses to any unauthorized third party. As purchasers of domain names and websites previously owned by other third parties, there may be instances where the newly acquired domain name may have used "spam" in the past. You agree that we are not responsible for any unsolicited emails that you may receive from spammers.

If you believe that you have received an unsolicited email directly from us, please send your message to: support [at] dignant [dot] com, or via postal mail to: Dignant, Support Dept, PO Box 6938, Silver Spring, MD 20916.

18.6 Use of Your Information by Third Party Providers. To provide products and services to you, you agree that we may provide your personally identifiable information to our subsidiaries, affiliates, partners and/or third parties, including but not limited to, advertising companies, shipping companies, distributors, suppliers, and/or financial institutions. We are not responsible, and shall not be liable, if any Third Party Provider, to whom we provided your information, violates our Privacy Policy or their own privacy policy, if any.

18.7 Use of Your Information by Third Party Websites. This Site may contain links to other Internet websites that are owned and operated by third parties that may collect personally and non-personally identifiable information about you. This Site does not have access to any information you supply to any of these websites. If you have any questions about the privacy practices of these websites, we suggest that you contact them directly. We are not responsible for the way in which these third parties handle your personal identifiable information. This Privacy Policy applies solely to information collected directly by us.

18.8 Use of Collected Information by Third Party Advertisers. We may use third party advertising companies to serve ads on this Site. These companies may collect personally and non-personally identifiable information about you. If you have any questions about the privacy practices of these advertisers, we suggest that you contact them directly. We are not responsible for the way in which these third parties handle your personal identifiable information. This Privacy Policy applies solely to information collected directly by us.

18.9 Use of Forums. You agree that we may collect the information you transmit, submit or post through chat rooms, bulletin boards or other forums (the "Forums"). You further agree that we may retain this information to provide customer support, solve technical problems, resolve disputes and in the event of a criminal investigation or a suspected illegal activity, we may (and you authorize us to) disclose any information about you to law enforcement or other government officials if required to do so by law, or by search warrant, subpoena or court order.

18.10 Registration Data, Password and Account Security. In order to access certain features of our Site and Services, you may be required to create an account. You agree to provide accurate, current and complete information about you when prompted, and to promptly update that information as necessary. We will have no liability for failure to deliver notices that result from inaccurate account information. You are solely responsible for safeguarding your account login information and password, and are fully responsible for any activities or actions under your account and password, whether or not you have authorized such activities or actions.

You agree not to disclose your account login information and password to any third party nor to permit any third party to use your account. You must fully exit/log out from your account at the end of each session. You must immediately notify us if you become aware of any unauthorized use of your account information and password or any other breach of your account security. We reserve the right, without prior notice or liability to you or any third party, to cancel your account, deny you access to our Sites, and destroy any material associated with your account. We cannot and will not be liable to you or any third party for any loss or damage arising from your failure to comply with this section.

18.11 Privacy of Children. We take the privacy of children seriously. This Site is intended for adults, defined as individuals 18 years of age or older. We do not seek to, nor do we knowingly, collect information from anyone under the age of thirteen (13). If anyone under the age of thirteen (13) has provided us with personal information, a parent or guardian of that child may contact us to delete or replace the information with their own.

18.12 Data Security. We protect your personal information through a combination of technological, organizational and procedural measures. We follow generally accepted industry standards to protect your personal information, both during transmission and after being received, however, due to the open nature of the Internet, we cannot guarantee that any information stored on our servers, or transmitted to or from you, will be free from unauthorized access, and we disclaim any liability for any theft or loss of, unauthorized access or damage to, or interception of any data or communications. By using the Site, you acknowledge and agree to assume these risks.

18.13 Disclosure. We may (and you authorize us to) disclose any information about you if required by law or to defend or protect our rights or the rights of others or if you are involved, or reasonably suspected to be involved, in any illegal activity, even without a subpoena, warrant or court order. This includes exchanging information for fraud protection and credit risk reduction.

18.14 Opt-Out and Removal Requests. You may opt-out of receiving promotional or marketing material from us and our participating partners. This does not prevent us from communicating with you concerning your existing or past relationship with us and does not prevent us from accessing and viewing any of your personal information that we already have. You may also request that any existing personal identifiable information that we may have retained about you be removed. You agree that we may, without prior notice or liability to you or any third party, cancel your account, deny you access to our Sites, and destroy any material associated with your account after we have processed this request.

Send your opt-out or removal requests to: support [at] dignant [dot] com, or via postal mail to: Dignant, Support Dept, PO Box 6938, Silver Spring, MD 20916.

18.15 Your Rights To Your Personal Data. Upon request via postal mail or email, we will provide you a summary of any existing personal identifiable data that we have retained about you. This data will be sent only to the email/postal address that is on file. You can request that your information be changed, modified or deleted by sending a message to: support [at] dignant [dot] com, or via postal mail to: Dignant, Support Dept, PO Box 6938, Silver Spring, MD 20916.

18.16 Business Transitions. In the event that we go through a business transition, such as a merger, an acquisition by another company, or selling a portion of our assets, the information that we collected may be assigned, transferred or sold to the new owners. In the unlikely event of bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.

18.17 Changes to this Privacy Policy. We reserve the right, at our sole discretion, to change, modify, add, or remove portions from this policy at any time without prior notice or liability. Your continued use of the Site following the posting of changes to these terms means you accept these changes.

18.18 How to Contact Dignant Concerning Privacy Issues. To contact Dignant regarding privacy issues, please send your message to: support [at] dignant [dot] com, or via postal mail to: Dignant, Support Dept, PO Box 6938, Silver Spring, MD 20916.

19.0 Order Sales and Return Policy. All items purchased directly from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. If we sell out of an item faster than we anticipate, we will ship your partial order and put the unavailable item on backorder. When the backordered item is available, it will then be shipped at no additional shipping cost to you. We reserve the right, at our sole discretion, to refuse service to any customer and/or limit, cancel or reject any order for any reason. We will contact you if all or any portion of your order is canceled or if any additional information is required to complete your order. This Order Sales and Return Policy applies solely to items purchased directly from us.

19.1 Prices. All prices on items directly provided by us are shown in U.S. dollars and do not include shipping and handling charges or sales taxes. In the event that our item is mispriced we shall have the right, at our discretion, to either contact you for information or cancel your order and notify you of the cancellation. If a discrepancy arises between the price quoted on the Site and the checkout page or order form, the checkout page or order form will prevail. Price and availability of any items are subject to change without notice. We will contact you prior to shipping your order if price and/or availability issues arise.

19.2 Sales Tax. You are solely responsible for all sales taxes, or other taxes on your purchase. All orders shipped to Maryland must add applicable sales tax on merchandise plus shipping and handling. Tax-exempt non-profit organizations must provide us with a sales tax exemption certificate.

19.3 Third Party Purchases. This Site may allow you to purchase products and services that are provided by third parties. You agree that we are not responsible for the quality, availability, reliability or any other aspect of these purchases. You release us from any and all damages that you incur, and agree not to assert any claims against us, arising from any such purchase.

19.4 Order Acceptance. The receipt of an electronic or other form of order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Order information must be verified prior to the acceptance and/or shipment of any order.

19.5 Check Acceptance Policy. Checks must be imprinted with your name or company name, street address (no PO BOX) and your bank name and address. No counter checks, postdating or third party checks.

19.6 Returned Checks. Returned checks are subject to a service charge of $20 or the maximum allowed by law. Collection costs and all penalties permitted by law will also be assessed and may be collected electronically. We will file criminal charges for all returned checks that remain unpaid after 14 days.

19.7 Product Warranty. Items purchased directly from us have a limited warranty, from the date of original retail purchase, that the product will be free from defects in material and workmanship. The length of the limited warranty may vary by item and it is not transferable. Proof of purchase is required to obtain warranty performance. The warranty included or indicated with your purchased item is your exclusive warranty.

19.8 Damaged and or Missing Merchandise. All merchandise is in good condition when it is shipped. If you find that an item is missing or damaged report it to the appropriate carrier, and notify us within 10 days. To contact Dignant regarding order, sales or return issues, please send a letter via email to: support [at] dignant [dot] com, or via postal mail to: Dignant, Support Dept, P.O. Box 6938, Silver Spring, MD 20916-6938.

19.9 Return Policy. In order to properly process your return; please follow the following instructions. Items purchased directly from us and returned within the applicable time period, are eligible for refund or exchange less shipping and handling. Returned items must be in new condition, including all original invoices, receipts, packaging, equipment, warranties, manuals and accessories. We reserve the right to decline any return or exchange when items are incomplete or not in new condition and it will be automatically returned to you postage due. Defective merchandise or incorrect shipments will be free of shipping charges if promptly exchanged. Shipping charges incurred in connection with exchange or returns are not refundable. All returned items must be sent postage paid (we will not accept return items that are shipped C.O.D.). We are not responsible for lost, misdirected or damaged items due to shipping. Please allow one billing cycle for refunds or credits to appear on your statement or to receive a check. Keep a record of your shipment until your return/credit/exchange has been processed.

19.10 Non-returnable and non-refundable items. Due to licensing and copyright laws software may only be exchanged for the same title and may not be returned for refund. Shipping and handling is not refundable.

19.11 Where to send returns. Send your return via insured carrier postage paid to: Dignant, Returns Dept, P.O. Box 6938, Silver Spring, MD 20916-6938.

19.12 How to Contact Dignant Concerning Order, Sales and Return Issues. To contact Dignant regarding order, sales or return issues, please send a letter via email to: sales [at] dignant [dot] com, or via postal mail to: Dignant, Sales Dept, P.O. Box 6938, Silver Spring, MD 20916-6938.

20.0 Disclaimer of Warranty. YOU AGREE THAT YOUR USE OF THE SITE, THE CONTENT AND THE SERVICES SHALL BE AT YOUR SOLE RISK AND THIS SITE, INCLUDING ALL CONTENT AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE".

WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SITE OR ITS OPERATION, USE AND PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, CURRENCY, RELIABILITY, OR ANY WARRANTY THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SITE AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND SUCH THIRD PARTY.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY.

Under no circumstances will we be responsible for any loss or damage, including, but not limited to, any loss or personal injury or death resulting from anyone's use of the Site, the content, the services or any interactions between users of the Site, whether online or offline.

NO ORAL OR WRITTEN INFORMATION OR ADVICE OBTAINED BY YOU FROM THE SITE OR THROUGH OR FROM ITS SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

21.0 Limitation of Liability. YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL THE SITE, ITS OWNER, PARENT, SUBSIDIARIES, EMPLOYEES, SUPPLIERS NOR ANY OTHER PARTY INVOLVED IN OR CONNECTED TO THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, COMPENSATORY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST SAVINGS, LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE, OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, THE CONTENT OR THE SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE EXCLUDED DAMAGES.

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH US OR THIS SITE IS TO DISCONTINUE ANY USE OF THIS SITE.

YOU FURTHER AGREE THAT OUR AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF THE USE OF THE SITE, THE CONTENT OR THE SERVICES SHALL BE LIMITED TO MONETARY DAMAGES AND SHALL INCLUDE NO INJUNCTION OR DIRECTION TO ANY PARTY OTHER THAN THE DIRECTION TO PAY A MONETARY AMOUNT NOT TO EXCEED THE AMOUNT YOU PAID FOR ANY PRODUCTS OR SERVICES THAT WERE OBTAINED DIRECTLY FROM US.

The arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute. The limitations of liability provided in the terms inure to the benefit of us, our affiliates and all of our respective owners, officers, directors, employees, agents, successors and assigns.

Some jurisdictions do not allow the disclaimer, exclusion or limitation of incidental or consequential damages, so the above disclaimer, exclusion and limitation may not apply to you, and you may have other legal rights that vary according to jurisdiction. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

This Agreement does not exclude warranties or conditions which we cannot, by law, exclude and does not exclude any liability which any law requires us to accept.

22.0 Indemnification. Upon a request by us, you agree to indemnify, keep indemnified, defend and hold harmless Dignant and its parent, companies, subsidiaries, affiliates and suppliers, together with their respective owners, officers, directors, employees, agents, representatives, partners, contractors, shareholders, successors and assigns (collectively, the "Indemnified Parties") from and against any and all losses, expenses, damages, demands or liabilities, including, without limitation, attorneys' fees and costs, incurred by the Indemnified Parties in connection with any claim, suit or other action by a third party (including any intellectual property claim) arising out of or based upon your use of, connection with or conduct on the Site or any breach by you of this Agreement and or any other matter relating to the Site.

You further agree that you will cooperate as reasonably required in the defense of any such claims. The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without our written consent.

23.0 Remedies, Waivers and Injunctions. Your sole and exclusive right and remedy with respect to any problems or dissatisfaction with us or the Site is to discontinue any use of the Site. All remedies whatsoever available to us are cumulative and non-exclusive. Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. We shall not be required to post a bond or other security in order to obtain injunctive relief.

24.0 International Users and Export Restrictions. This Site, the content and the Services are controlled, operated and administered by us from within the United States of America. You hereby agree to comply with all applicable local rules including, but not limited to, rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. We make no representation that the Site, the content and the Services are appropriate or available for use in locations outside of the United States of America, and accessing them from territories where their contents are illegal is strictly prohibited. Those who access the Site from other locations do so on their own initiative and are solely responsible for compliance with all local laws.

25.0 Choice of Law and Venue. This Site is controlled by Dignant, which is headquartered in the State of Maryland, United States of America. Except for trademark and copyright matters governed by the federal laws of the United States, you agree that the laws of the State of Maryland govern this Agreement and any claim or dispute that you may have against us, without regard to Maryland’s conflict of laws rules.

You further agree that any and all disputes or claims relating to this Agreement, our Privacy Policy, your use of this Site or any other Dignant website will be resolved by a court located in the State of Maryland and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action regardless of who initiated the proceeding. We will be entitled to reimbursement for any and all costs incurred by us in defending any action filed or attempted to be filed in any jurisdiction outside the State of Maryland, including but not limited to, attorney's fees. In the event of a favorable verdict, we shall be entitled to reasonable attorney’s fees in any action.

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 Services or this Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

26.0 Severability. If any provision of this Agreement is held to be unlawful, invalid, or for any reason unenforceable, that provision will be construed to reflect the parties’ original intent, and the legality, validity, and enforceability of the remaining provisions shall not be affected or impaired thereby.

27.0 Termination. You agree that we, in our sole discretion without prior notice or liability, may terminate this Agreement in the event that you fail to comply with any terms or conditions of this Agreement.

28.0 Attorneys Fees. In the event of any action, suit, or proceeding arising from or based upon this Agreement brought by either party hereto against the other, the prevailing party shall be entitled to recover from the other its reasonable attorneys' fees in connection therewith in addition to the costs of such action, suit, or proceeding.

29.0 Assignability. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; We may assign our rights under this Agreement without condition. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

30.0 Notices. All notices to you will be considered to be in "writing" and shall be delivered either via email or postal mail and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the communication. We reserve the right but assume no obligation to provide communications in paper format. Such communications shall constitute notice to you.

All legal notices to us shall be in writing and sent via email to: mail [at] dignant [dot] com, or delivered via certified postal mail to: Dignant, P.O. Box 6938, Silver Spring, MD 20916-6938.

31.0 Disclaimer of Association With User. You agree that no joint venture, partnership, employment or agency relationship exists between you and Dignant as a result of this Agreement or use of the Site. You further agree not to hold yourself out as a representative, agent, or employee of Dignant or of the Site and we shall not be liable for any representation, act, or omission by you.

32.0 Additional Terms. Certain products or services offered by the Site, and certain areas within the Site may be governed by additional terms and conditions presented in conjunction with those products, services or areas. You must agree to be bound by these additional terms before using those products, services or areas. The additional terms and this Agreement shall apply equally. In the event of a conflict, the additional terms will govern for those products, services or areas.

33.0 Section Titles. The section titles used herein are displayed for convenience only and have no legal or contractual effect.

34.0 Binding Effect. You agree that this Agreement, including, without limitation, the limitations of liability herein, will be binding on you and all third parties, including, but not limited to, your successors, assigns, insurance carriers and any other individual or entity asserting any right or claim relating to your use of the Site.

In no event will we be liable to any third party, including, without limitation, any insurance carrier. We will not be liable for, and you waive, any subrogation claim brought by your insurance carrier on your behalf.

35.0 Miscellaneous. This Agreement constitutes the entire and only agreement between Dignant and you, with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements, discussions, representations, warranties, or understandings, if any, between the parties regarding the subject matter of this Agreement.

Nothing in this Agreement should be construed to confer any rights to third party beneficiaries. No waiver by either you or Dignant of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The failure or delay of Dignant to exercise or enforce any right or provision of this Agreement does not waive our right to enforce that right or provision.

If any provision of this Agreement or any incorporated document is determined to be unlawful, void or unenforceable pursuant to applicable law, then the unlawful, void or unenforceable provision will be deemed superceded by a lawful, valid, enforceable provision that most closely matches the intent of the original provision, and the other provisions of this Agreement shall continue in full force and effect.

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 this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

You will not settle any action or claims on our behalf without our prior written consent. You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.

You may not assign this Agreement or any of your rights and liabilities hereunder. Any purported assignment by you, by operation of law or otherwise, in contravention of the foregoing non-assignment provision shall be null and void. We may assign our rights and delegate our obligations under this Agreement, in whole or in part, at any time with or without notice to you. You may not assign any of your rights or delegate your obligations under this Agreement to any other person. Any attempt by you to do so is void. This Agreement inures to the benefit of Dignant, its successors and assigns.

State or federal law may require us to notify you of certain events. You agree that such notices will be effective upon our posting them on our Site or delivering them to you. We are not responsible for lost or misdirected communications.

Dignant is the sole operator of Dignant.com and the Dignant Network of websites. If you would like to contact Dignant for any reason regarding this Agreement please send a letter via email to: support [at] dignant [dot] com, or via postal mail to: Dignant, Support Dept, P.O. Box 6938, Silver Spring, MD 20916-6938.

These terms and conditions supercede and replace any previous versions of this Agreement as well as any inconsistent statements found on or through the Site.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

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