By using our website you are agreeing to comply with and be bound by the following terms and conditions of use. Please review it carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information, obtain goods, services or products from this website.
1. Acceptance of Agreement. By using this website, you AGREE to the terms and conditions outlined in this agreement (“Agreement”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the website, the content, products or services provided by or through the website, and the subject matter of this agreement. This agreement may be amended by us at any time and from time to time without specific notice to you. The latest agreement will be posted on the website, and you should review this agreement prior to using the Site. This site is owned and operated by DIZPOT, LLC and may be used by you only for personal, non-commercial purposes. You are not authorized to change, adapt, rearrange, reformulate or decrypt the content of this site, in any way whatsoever.
2. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the website are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. Unless otherwise specified, the materials on this site are presented solely for the purpose of promoting DIZPOT LLC products and services. DIZPOT, LLC makes no representation that materials, products or services depicted in the site are appropriate or available in all locations. When used herein, the term “DIZPOT, LLC” refers to DIZPOT LLC and/or its subsidiaries. The materials contained on or accessible through this website (including, without limitation, all digital images of DIZPOT, LLC products or services shall not be used, redistributed, broadcast, published, copied to any other media or reproduced other than for personal and non-commercial purposes without the prior written consent of DIZPOT, LLC. These materials must not be altered in any manner, distorted or used in any way that is detrimental to DIZPOT, LLC image or reputation. The copyright in these materials is either owned by DIZPOT, LLC or is used by DIZPOT, LLC with the permission of the owner. DIZPOT, LLC does not represent or warrant that such materials do not infringe the rights of others. Nothing contained herein shall be construed as granting, explicitly or implicitly, any license or other right to use these materials other than in accordance with the terms contained herein.
3. Liability. THIS WEBSITE AND ALL OF THE INFORMATION IT CONTAINS ARE PROVIDED ” AS IS “, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT, IN REGARD TO THIS WEBSITE OR ANY OTHER HYPERLINKED WEBSITE, WILL DIZPOT. LLC BE LIABLE TO ANY PARTY FOR ANY DAMAGES OR INJURY CAUSED BY (INCLUDING BUT NOT LIMITED TO) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS WEBSITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
4. Jurisdiction. This agreement is governed by and shall be construed in accordance with the laws of the state of Arizona without giving effect to any principles of conflicts of law. The parties have designated Arizona as the jurisdiction for any litigation arising in connection herewith. If any provision of this agreement is unlawful, void, or unenforceable for any reason, then that provision shall be deemed severable from this agreement and shall not affect the validity or enforceability of any remaining provisions. This agreement constitutes the entire agreement between the parties relating to the subject matter hereof and shall not be modified except in a writing signed by both parties.
5. Payments. You represent and warrant that if you are purchasing something from us that (1) any credit card information you supply is true, correct and complete, (2) charges incurred by you will be honored by your credit card company, and (3) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
6. Submissions. All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
7. Disclaimer. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use our site. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
DIZPOT, LLC strives, to the fullest extent possible, to provide accurate and updated content on this website. Unfortunately, there may occasionally be price changes, sold out goods and other unintentional errors on our site. We reserve the right not to be liable for these errors or changes and neither DIZPOT, LLC, nor any employee or representative of DIZPOT, LLC will be liable for damages arising from the use of this website or the products sold on this website.
In the event that a product is mistakenly listed at an incorrect price, DIZPOT, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. DIZPOT, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, DIZPOT, LLC shall issue a credit to your credit card account in the amount of the incorrect price.
9. General Conditions. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction. We reserve the right to refuse service to anyone for any reason at any time. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence. Your use of this site shall be governed in all respects by the laws of the state of Arizona, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of DIZPOT’s products) shall be located in Maricopa County, Arizona. DIZPOT’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.
10. Prohibited Uses In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
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