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I. GENERAL The viewing and use of the URL http://www.drg.com, and any other web site provided by DRG Technologies, Inc. or its affiliates ("DRG"), (collectively, this "Site"), are subject to these Terms and Conditions, and any rules or policies that may be published from time to time by DRG (collectively the "Terms and Conditions"). Before you subscribe to and begin participating in or using this Site, DRG requires that you read and accept the following Terms and Conditions. BY USING THIS SITE YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THIS SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use this Site. You
acknowledge and agree that DRG may change, modify, amend, suspend
or discontinue any aspect of its goods or services or this Site,
at any time, without notice and without liability to you or to any
third party. DRG reserves the right to impose limits on certain
features of its goods or services or this Site, at any time, without
notice and without liability to you or to any third party. Further,
you acknowledge and agree that DRG may amend any or all of the Terms
and Conditions at any time, in DRG's sole discretion, by posting
such changes to this Site. Any amendment of the Terms and Conditions
will be reflected on this Site at http://www.drg.com. You are encouraged
to periodically review the Terms and Conditions posted on this Site.
Use of this Site constitutes acceptance of the Terms and Conditions,
including any amendments thereto. II. YOUR INFORMATION AND YOUR USE OF THIS SITE You may provide information to DRG during the course of the use of this Site (the "User Information"). You represent and warrant: (1) that all User Information is accurate and complete at the time it is provided to DRG, and (2) that User Information will be continuously updated so that the User Information shall at all times be current, accurate, and complete. You hereby grant to DRG a non exclusive, worldwide, perpetual, royalty-free and irrevocable license to use the User Information, including any associated intellectual property or proprietary rights you may have in the User Information, for any purposes in connection with this Site. . DRG is not responsible for the quality, accuracy, reliability, legality or completeness of any user-provided content, including any User Information. You are solely responsible for verifying the quality, accuracy, reliability, legality and competitiveness of all user provided content, including any User Information. You acknowledge and agree that DRG has the right, but not the obligation, to monitor user-provided content, including User Information, and to edit, correct or remove any such content that DRG, in its sole discretion, deems objectionable or in violation of the Terms and Conditions. You must be of sufficient legal age and have a valid credit card, with full authority to use it, to submit an order through this Site. By using this Site, you represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree not to use this Site or any content, information and documents contained on it for any illegal or inappropriate activities. DRG welcomes
your comments and feedback regarding this Site. However, DRG does
not want and cannot accept any ideas, materials or suggestions you
consider to be confidential or proprietary. Accordingly, all comments,
feedback, ideas, suggestions and other similar submissions disclosed,
submitted or offered to DRG while using this Site or otherwise (collectively,
"Submissions") are not confidential and will become and
remain DRG's property. DRG shall be entitled to use, display, publish,
reproduce, modify, transmit, sublicense, translate and create derivative
works from and distribute these Submissions in any medium and through
any method of distribution, transmission or display for any purpose
whatsoever, commercial or otherwise, without compensation or any
other obligation to the provider of the Submissions. III. PRIVACY POLICY DRG has created a privacy statement to demonstrate its commitment to visitor and customer privacy. This Site is a safe environment for anyone who visits and purchases. DRG is committed to providing you the best possible on-line service and experience as well as the best products and services. A. Personal Information When you create an account with DRG, you may provide such personal information as: (i) first and last name; (ii) billing address; (iii) delivery address; (iv) e-mail address; (v) phone numbers; and (vi) credit card account number. DRG collects all or some of this information on the pages where you create your account, and at other locations. DRG uses this information as follows: 1. We fulfill your order based on this information; 2. We provide you with information about your order (for example, we will confirm by e-mail that your order has been received and is being processed); 3. We ask for your phone number in the event that our customer service representatives need to contact you and cannot reach you by e-mail. 4. We save the information about products you purchased to provide you with the best possible customer service and most up-to-date information about your order; 5. We use your e-mail address to send you promotional updates, information regarding our products and services and to update your account; and 6. Credit card information is used to bill you for products you have ordered and to track sales. You may correct, update or delete your personal information by contacting our Customer Service Department by telephone at [insert telephone number], or by e-mail at [insert e-mail address]. DRG does not sell, rent, or exchange your personal information. B. Cookies "Cookies" are pieces of information that may be placed on your computer by a web site for the purpose of facilitating and enhancing your communications and interaction with that web site. DRG may use cookies to (i) customize your visitation and shopping experience, (ii) deliver content consistent with your stated interests, (iii) provide you with custom-tailored content, and (iv) to save your password (if you have registered with DRG) so that you don't have to re-enter it each time that you visit our site. By showing DRG how and when shoppers use the site, cookies also help DRG see which areas are popular and which are not. Many improvements and updates to the site are based on data such as total number of visitors and pages viewed. Most browsers are initially set to accept cookies. You can, however, set your browser to refuse cookies. DRG will never use cookies to retrieve information from your computer for purposes that are unrelated to our site. C. Credit Card Processing and Security DRG guarantees that your shopping experience will be safe. If unauthorized charges are made on your credit card as a result of shopping on this Site, DRG will reimburse you for any fraudulent charges not covered by your credit card issuer. Federal law prohibits your credit card company from holding you responsible for more than $50 of fraudulent credit card charges. If your credit card was used fraudulently, through no fault of your own, as a result of shopping with our secure server, DRG will cover the entire amount for which your credit card company holds you responsible, up to this $50 limit. If your credit card is used in an unauthorized manner, notify your credit card company immediately. DRG uses security technology to ensure the privacy of your personal information. Our advanced security technology encrypts or scrambles your personal data (including your name, delivery and e-mail addresses and credit card number) before it is sent to us, making it virtually impossible for anyone other than DRG to read it. To further protect your information, DRG utilizes state of the art back-end systems and restrict employee access to your information. DRG wants you to feel completely comfortable. If you have more questions about our guarantee or security systems, or feel more comfortable ordering by phone, please call [insert telephone number] and we will be happy to help you. D. Other Information By using this Site, you consent to the collection and use of your information by DRG as described in this policy. DRG fully
cooperates with law enforcement agencies in identifying those who
use our goods and services for illegal activities. DRG reserves
the right to release information about individuals who DRG believes
are in violation of DRG's content guidelines. DRG also reserves
the right to report to law enforcement agencies any activities that
DRG reasonably believes to be unlawful. IV. TERMINATION DRG expressly reserves the right to terminate the use of, or to refuse to permit the use of, this Site by any person or entity, at the sole discretion of DRG, for any reason and without notice. V. LINKS TO THIRD PARTIES This Site may provide links to this Sites or services of others ("Third Party Sites"). Links to such Third-Party Sites do not constitute an endorsement by DRG of such Third-Party Sites, or the products, content, materials or information presented or made available by such Sites. You acknowledge and agree that DRG is not responsible for any damages or losses caused or alleged to have been caused by the use of any Third-Party Sites, or from the products, content, material, services or information presented by or made available through the Third-Party Sites. All links to this Site must be approved in writing by DRG, except that DRG consents to links which only: (i) link via a text only link containing the name DRG Technologies; (ii) the link points only to [insert URL] and not to deeper pages; (iii) the link, when activated by a user, displays that page as a full-screen in a fully operable and navigable browser window and not within a "frame" on the linked web site; and (iv) the link and associated information must not create the appearance of any affiliation between DRG and the web site offering the link to this Site. VI. DOWNLOADING INFORMATION/MATERIAL You hereby release DRG, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, co-branders, partners, successors and assigns from any and all actual or alleged damages which may result from you downloading or using any information or materials from this Site. VII. INDEMNIFICATION You will defend, indemnify and hold harmless DRG, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, co-branders, partners, successors and assigns (collectively, "Indemnified Parties"), from and against any claim, loss, damage, liabilities, judgments, fees and expenses related thereto (including, without limitation, reasonable attorney's fees) incurred by any of the Indemnified Parties arising from or related to: (i) your use of DRG's goods or services or this Site, (ii) any breach or violation of the Terms and Conditions by you, and (iii) any breach of any of your representations, warranties and covenants. VIII. DISCLAIMERS While DRG endeavors to provide the most accurate, up-to-date information available, the documents, content and information contained on this Site may, at times, contain technical inaccuracies, typographical errors, and other errors or mistakes and may be changed or updated without notice. DRG cannot guarantee or warrant that the content or other information provided through this Site will be accurate or up-to-date or that the procedure for purchasing products and/or services will operate correctly. In the event any service or product is listed at an incorrect price or is not actually available due to incorrect supplier information or other error, DRG shall have the right to refuse or cancel orders placed for the products or services listed at the incorrect price or actually unavailable, regardless of whether your credit card has been charged and the order has been confirmed. Information on price and availability is subject to change without notice. DRG is not responsible for any service interruptions on this Site or its availability to you. THIS SITE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, ARE PROVIDED ON AN "AS IS", "WHERE IS", "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DRG DOES NOT WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY SOFTWARE, PRODUCTS OR OTHER MATERIALS USED IN CONNECTION WITH THIS SITE, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. DRG MAKES NO WARRANTY THAT THIS SITE WILL MEET YOUR REQUIREMENTS. IF YOU ARE DISSATISFIED WITH THIS SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THIS SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DRG OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THE TERMS AND CONDITIONS. IX. LIMITATION OF LIABILITY IN NO EVENT SHALL DRG BE LIABLE FOR ANY DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, OR LOST GOODWILL. IN NO EVENT SHALL THE TOTAL LIABILITY OF DRG TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR THE USE OF THIS SITE EXCEED, IN THE AGGREGATE, ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATION SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. X. ONLINE CONDUCT You agree to use the DRG site only for lawful purposes. You are prohibited from posting on or transmitting through DRG any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law. If DRG is notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by you (e.g., through an online review), DRG may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from DRG. DRG may disclose any content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate DRG; or (iii) to protect the rights or property of DRG, its users or providers. DRG reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual users, DRG, or any rights of DRG or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither DRG nor its providers can ensure prompt removal of questionable content after online posting. Accordingly, neither DRG nor its affiliates, nor any of their officers, directors, employees, or agents, nor providers shall assume liability for any action or inaction with respect to conduct, communication, or content on DRG. XI. APPLICABLE LAW This site is created and controlled by DRG in the State of Arizona. As such, the laws of the State of Arizona will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. DRG reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. You hereby irrevocably and unconditionally consent to submit to the jurisdiction of the State of Arizona for any litigation arising out of or relating to use of or purchase made through DRG (and agrees not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the Arizona courts and agree not to plead or claim in any Arizona court that such litigation brought therein has been brought in an inconvenient forum. XII. INTELLECTUAL PROPERTY RIGHTS The trademarks, logos and service marks displayed on this Site are the property of DRG and other third parties. No display or use of such marks may be made without the express written permission of DRG. Except as expressly set forth in the Terms and Conditions, DRG grants no rights whatsoever to you or any user of this Site in the patent(s), copyright(s), trademarks, trade names, service marks, trade secrets or other intellectual property rights of DRG, no matter when created. XIII. COPYRIGHTS Copyright © 2005 DRG Technologies, Inc. All materials and contents contained in this Site (including but not limited to the text, graphics, logos, button icons, images, audio clips and software), and this Site itself, are copyrighted materials belonging exclusively to DRG or its content suppliers and are protected by federal Copyright Law and international treaties. DRG enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate. All rights are reserved. XIV. TRADEMARKS DRG TECHNOLOGIESTM, IMPRESSIVE LABELS®, and SUPER FAST LABEL SERVICETM family of trademarks and this Site and trade dress are the exclusive property and trademarks of DRG. DRG reserves all rights in the premises, including all rights applicable under the U.S. and international trademark laws. XV. SEVERABILITY If any provision of the Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. XVI. WAIVER The failure of DRG to exercise or enforce any right or provision of the Terms and Conditions will not deemed a waiver of such right or provision. XVII. LIMITATION ON ACTIONS You agree that any cause of action arising out of or related to this Site or the Terms and Conditions must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. XVIII. NOTICES If you have any questions regarding this Site, please contact DRG at: Phone
Number: 928-428-7450 |