Terms & Conditions


TERMS AND CONDITION OF USE
THIS PAGE STATES THE "TERMS AND CONDITIONS" UNDER WHICH YOU MAY USE THIS WEBSITE. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE AND/OR OUR PRODUCTS. USE OF THIS WEBSITE INDICATES YOUR AGREEMENT TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS STATED HEREIN. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. DIMES BY THE DOZEN RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME BY UPDATING THIS DOCUMENT. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THE TERMS AND CONDITIONS. THIS AGREEMENT APPLIES TO ALL INDIVIDUALS AND/OR ENTITES ("YOU" AND "USER") ACCESSING THIS WEBSITE FOR ANY REASON.

General You agree that Dimes by the Dozen may make improvements and/or changes in the Sites any, at any time without notice, and further agree that Dimes by the Dozen can revise these Terms and Conditions at any time without notice by updating this posting. You agree that your continued use of the Sites after such modifications have been made constitutes your acceptance of such revised Terms and Conditions. Any action related to these Terms and Conditions will be governed by Missouri law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction.

Copyright and Use of Material By viewing this website, viewing our copyrighted material, and/or purchasing products you have agreed to our terms of the following: All materials and information provided on this website, including but not limited to graphics, logos, artwork, names, trademarks, and products are the property of Dimes by the Dozen. All text, including, but not limited to, books, forms are copyrighted materials owned by Dimes by the Dozen. Dimes by the Dozen has the exclusive rights and privileges in and to the copyright of this material. Use of the information contained on this website is solely intended for individual and private use. Dimes by the Dozen grants you a license to use the material contained in "The System" solely for your own physical self-improvement, private noncommercial purposes. If you have any issues with our products you will report them to Dimes by the Dozen immediately before third-party involvement within 30 days of purchase. You agree not to copy, download, frame, rent, lease, distribute, post, re-distribute, transmit, sell, transfer to magnetic media, or otherwise transfer any or all portions of the material contained on this website, "The System" any other products, or otherwise take any action, which would be in violation of Dimes by the Dozen copyright, without the specific written permission of Dimes by the Dozen. All other rights are reserved by Dimes by the Dozen. Any individual making unauthorized copies, downloading, reproducing material or violating any terms set forth will be subject to the penalties as set forth in the federal and state copyright laws. Copyright and trademark infringement is a violation of federal and state law subject to criminal and civil penalties.

Acceptable Use You may not use the website in order to transmit, distribute, post, copy, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful. You are prohibited from violating or attempting to violate the security of the website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the website, overloading, "flooding", "spamming", "mail bombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or discussion posting. Violations of system or network security may result in civil or criminal liability. Dimes by the Dozen will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

No Warranty THE SITE, INCLUDING WITHOUT LIMITATION ALL INFORMATION, CONTENT PRODUCTS AND SERVICES MADE AVAILABLE ON IT, IS PROVIDED "AS IS" AND WITH NO WARRANTY OF ANY KIND. Dimes by the Dozen EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE VIEW OR OBTAIN CONTENT, PRODUCTS AND/OR OTHER MATERIAL THROUGH THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT RESULTS FROM THE VIEWING OR DOWNLOAD OF SUCH CONTENT, OR OTHER MATERIAL.

Discussion Areas (any form of communication) You agree not to post, communicate in any form or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of privacy or publicity rights, personal or identifying information not limited to whois information, vulgar, obscene, profane, hateful, racially or ethnically offensive, or otherwise objectionable material of any kind regarding Dimes by the Dozen or any of its employees &/or affiliates. This includes, but is not limited to, any material that encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national, or international law. You also agree not to use Discussion Areas, Forums, Message Boards, websites or similar for commercial &/or private solicitation of our products, services, or employment. Although Dimes by the Dozen may from time to time monitor or review the Discussion Area, Dimes by the Dozen has no obligation to do so. Dimes by the Dozen reserves the rights, in its sole discretion, to edit, refuse to post, or remove any material submitted to or posted in Discussion Areas on the internet. Any communication or material a user posts or transmits through the Discussion Area section will be treated as non-confidential and nonproprietary. You grant Dimes by the Dozen the right to edit, copy, publish, and distribute any information or content that you post or transmit for any purpose.

Not Professional Advice Information provided via the Services/Products is not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. If you submit a question or comment on such a topic, we will assume you are interested in soliciting and receiving or giving general information rather than professional advice. You should bear in mind that the applicability of such general information might vary substantially in different states and according to the individual factual circumstances surrounding a particular question or comment. Accordingly, if you desire or require professional advice, please consult a qualified provider who is licensed in your state or country. The statements made about products have not been evaluated by the Food and Drug Administration (U.S.). They are not intended to diagnose, treat, cure or prevent any condition or disease. Please consult with your own physician or health care practitioner regarding the suggestions and recommendations made on this website by Dimes by the Dozen.

Passwords Certain areas of the Site are password restricted to authorized users ("Restricted Areas"). If you are an authorized user of the Restricted Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password and account information, if any, and agree to immediately notify Dimes by the Dozen if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you will not give, disclose, share, or transfer in any manner your personal login and password to/with any other person.

Links In certain places on this website, live links to other Internet sites can be accessed. Such external Internet sites contain information created, published, maintained, or otherwise posted by institutions or organizations independent of Dimes by the Dozen & affiliates do not endorse, approve, certify, or control those external Internet sites and does not guarantee the accuracy, completeness, suitability, or timeliness of information located at such addresses. Reference on that external Internet site to any specific commercial product, process, or service does not constitute or imply endorsement, recommendation, or favoring by Dimes by the Dozen assumes no responsibility and disclaims any liability for the consequences resulting from the use of information obtained from these linked Sites.

Limitation of Liability UNDER NO CIRCUMSTANCES WILL Dimes by the Dozen, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE DAMAGES OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THIS WEBSITE & OUR PRODUCTS WHETHER OR NOT DIMES BY THE DOZEN HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL “Dimes by the Dozen " BE LIABLE TO YOU FOR ANY AMOUNT FOR SERVICES RENDERED OR INFORMATION PROVIDED PURSUANT TO THIS AGREEMENT, RATHER YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE THE REFUND OF FEES ACTUALLY PAID BY YOU TO US FOR ANY INSTANCE OF USE OF THE SERVICES/PRODUCT THAT GIVES RISE TO A CLAIM. TO THE EXTENT THAT ANY QUESTION, COMMENT, OR ANSWER REFERS TO ANY PRODUCT, MANUFACTURER, DISTRIBUTOR, COMPANY, SERVICE OR SERVICE PROVIDER, DIMES BY THE DOZEN EXPRESSLY DISCLAIMS ANY ASSOCIATION WITH, ENDORSEMENT OF OR LIABILITY FOR ANY SUCH PRODUCT, MANUFACTURER, DISTRIBUTOR, COMPANY, SERVICE OR SERVICE PROVIDER. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. Dimes by the Dozens and/or any of its creators, employees, contributors, affiliates and Etc. are not held liable for any claims arising from this website or any other website owned by its creators, administators and Etc. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Refund Policy IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE/SERVICES/PRODUCTS OR WITH ANY OF THE TERMS CONTAINED IN THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE/PRODUCTS/SERVICES. UNDER NO CIRCUMSTANCES SHALL Dimes by the Dozen BE HELD LIABLE FOR ANY DAMAGES. ALL BOOK RETURNS MAY BE SUBJECT TO A RESTOCKING FEE. SHIPPING WILL NOT BE REFUNDED. THE CUSTOMER IS LIABLE FOR ANY AMOUNT OVER YOUR ORIGINAL PURCHASE PRICE INCLUDING SHIPPING & HANDLING. REFUNDS WILL BE GRANTED ON A CASE BY CASE BASIS. PLEASE SEE THE SHIPPING AND RETURNS POLICY FOR MORE DETAILS. If we have to you file a lawsuit against you or you file a lawsuit against us “YOU” will be held responsible/liable for any and all fees we incur. This is not limited to attorney fees, transportation and court cost. You agree to these Terms and Conditions by accessing our website and or materials/products.

Hold Harmless and Indemnity You agree to hold harmless and indemnify Dimes by the Dozen and its Researchers, employees, agents and representatives, from and against any claim or third party claim arising from or in any way related to your use of the Service/Products, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Dimes by the Dozen or the affected Researcher(s) will provide you with written notice of such claim, suit or action. If we have to you file a lawsuit against you or you file a lawsuit against us “YOU” will be held responsible/liable for any and all fees we incur. This is not limited to attorney fees, transportation and court cost. You agree to these Terms and Conditions by accessing our website and or materials/products.

Release and Waiver To the maximum extent permitted by applicable law, you hereby release, and waive all claims against Dimes by the Dozen and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Service/Website/Products. Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.

No Assignment You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without prior written consent. Any such purported assignment or delegation by you without Dimes by the Dozen prior written consent will be null and void and of no force or effect, unless otherwise expressly consented to by us at its sole and absolute discretion.

Arbitration Any controversy, lawsuit or claim arising out of or relating to this Agreement and or Dimes by the Dozen, its staff and/or affiliates shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in St. Louis, Missouri and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Dimes by the Dozen may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. If we have to you file a lawsuit against you or you file a lawsuit against us “YOU” will be held responsible/liable for any and all fees we incur. This is not limited to attorney fees, transportation and court cost. You agree to these Terms and Conditions by accessing our website and or materials/products.

Termination Dimes by the Dozen reserves the right, at its sole discretion, to revoke your access privileges to any of our websites at any time without notice.

Miscellaneous If any provision of this agreement is held to be invalid or unenforceable, including without limitation the warranty disclaimers and liability limitations set forth above, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. Dimes by the Dozen failure to act with respect to a breach by you or others does not waive Dimes by the Dozen right to act with respect to subsequent or similar breaches. The failure of Dimes by the Dozen to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of this agreement. Those rights and obligations which by their very nature are intended to survive termination or expiration of this agreement shall survive, including without limitation your obligation to indemnify Dimes by the Dozen disclaimer of all warranties, and the limitation of liability herein. This agreement, together with the privacy policy and any other agreements between you and Dimes by the Dozen concerning the site or its services/products, constitutes the entire agreement between Dimes by the Dozen and you with respect to the site. You must be at least 18 years of age to use any of our products/services not limited to websites.