Terms of Use

Welcome to dxydoes.com (the "Site"), the official web site for DXY Solutions, LLC. By using this Site, you agree to be bound by the terms and conditions in this terms of use agreement (the "Terms of Use Agreement"), as they may be modified by DXY at any time, without notice, and posted on this Site. Your use of this Site following any such change constitutes your unconditional agreement to comply with, and be bound by, this Terms of Use Agreement, as changed. For this reason, we encourage you to review these terms and conditions each time you use this Site.

Accessing, browsing, or otherwise using the site indicates your unconditional agreement to follow and be bound by all of the terms and conditions contained in this Terms of Use Agreement. Please read this Terms of Use Agreement carefully before proceeding.

DXY sells products and services to adults who can purchase with a credit card or other permitted payment method. If you are under 18, you may use this Site only with involvement of a parent or guardian. DXY reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. By using this Site, you represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site.

Copyrights

Unless otherwise indicated, this Site and its contents, including without limitation, the information, data, software, photographs, images, text, graphics, logos, illustrations, designs, and other material and compilations (collectively, the "Content"), are the exclusive property of DXY and/or one of its affiliates or third-party providers and are protected by copyright, trademark, trade dress and other United States and international intellectual property laws.

Trademarks

DXY is trademarked by DXY Solutions, LLC.

DXY retains all rights regarding its trademarks, trade names, brand names, and trade dress, including all such rights to all of the graphics, logos, page headers, scripts, service marks or other marks as may appear on this Site ("Trademarks"), each of which is protected by the laws of the United States and other jurisdictions. No license to the use of these Trademarks is granted to you under this Terms of Use Agreement or by your use of this Site. You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without the prior written consent of DXY. Your misuse of the Trademarks displayed on this Site is strictly prohibited. All Trademarks not owned by DXY that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by, DXY.

License And Site Access

Subject to the terms of this Terms of Use Agreement, DXY hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and make personal use of this Site only for informational purposes or for the purpose of shopping for personal items sold on this Site. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the www.dxydoes.com, the homepage of DXY, so long as the link does not portray DXY, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. Except as otherwise provided in this Terms of Use Agreement, no right, title or interest in our Content is conveyed to you.

Use of this limited license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, reverse-engineer, disassemble, decompile, or otherwise exploit this Site or any of its Contents, including any Trademark, without our prior written consent; (b) you may not access or use this Site for any other business or for any competitive or commercial purpose without our prior written consent; and (c) you will not permit: any copying of our Content, including any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its Contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

You are not to download (other than page caching) or modify the Site, or any portion of it, without our express written consent. DXY may revoke its permission or license at any time for any or no reason, and any unauthorized use automatically terminates the permission or license granted by DXY.

Comments And Submissions

Anything that you submit or post to the Site, and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and by providing such submissions, you grant DXY a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, fully transferable and fully sublicensable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you. You grant DXY and sublicensees the right to use the name that you submit in connection with such content. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin any content you represent. DXY reserves the right (but not the obligation) to monitor, edit, or remove such content.

By posting, submitting, or providing content or Submissions to us or on this Site, you represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; that the content is not illegal, obscene, threatening, abusive, defamatory, invasive of privacy, infringing of intellectual property rights (including any patent, trademark, trade secret, copyright or other proprietary rights of any party), or otherwise injurious, or objectionable, to third parties; that the content does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam"; that you are not prohibited from making such content available under any law or under contractual or fiduciary relationships; and that you will indemnify DXY for all claims resulting from the content or submissions you supply.

Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas), and will not incur any liability as a result of any similarities between those ideas and materials that may appear on this Site or in future programs of DXY or its affiliates or elsewhere. DXY takes no responsibility and assumes no liability for any content posted by you or any third party.

Termination And Effect

All rights granted under this Terms of Use Agreement, including user access, browser access, and any account identification and password information, may be terminated, suspended, or revoked by us at any time, without notice, and for any reason or no reason. Upon termination of this Terms of Use Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Termination of this Terms of Use Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. These rights exist in addition to any other legal or equitable remedies we may have or seek to enforce.

No Warranties

Access to this site, including the contents of this site, the products offered for sale on this site, and the transactions conducted through this site, are each provided "as is" and "as available." except as otherwise provided in this terms of use agreement and in our terms and conditions of sale agreement, we make no representations or warranties of any kind with respect to the foregoing, whether express or implied, including but not limited to, those of merchantability, fitness for a particular purpose, title, noninfringement, quiet enjoyment, data accuracy, and system integration. This site may include inaccuracies, mistakes or typographical errors. You expressly agree that your use of this site is at your sole risk.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you.

Limitation On Liability

To the fullest extent permitted by law, in no event will DXY be liable to any party for any damages of any kind arising from the use of this site or the products or services sold, offered, or otherwise present on this site, including any direct, indirect, incidental, special, exemplary, consequential, or punitive damages, including, without limitation, lost profits or revenues, costs of replacement, business interruptions, loss of data or damages which arise out of or are in any way connected with any use of, or reliance on, this site, or for any information present on this site, or for any products or services obtained through this site even if DXY has been advised about the possibility of such damages.

To the fullest extent permitted by applicable law, our total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to us during the month immediately preceding the act allegedly giving rise to our liability. Certain state laws do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

Links

This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site, and neither do we guarantee or warrant the accuracy or completeness of the information or content included on any of these other websites. Any concerns regarding such services or resources should be directed to the particular website or outside service or resource provider.

Remedies

You agree that our remedy at law for any actual or threatened breach of this Terms of Use Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, reasonable attorneys' fees.

All rights not expressly granted are reserved by DXY, and in the event of a violation of this Terms of Use Agreement, DXY reserves the right to seek all remedies available by law and in equity. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, reasonable attorneys' fees and expenses. No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future, or other waiver.

Governing Law

The terms of this Terms of Use Agreement shall be governed by the laws of the State of Ohio, without giving effect to its conflict of laws provisions. By visiting this Site, you consent to, and waive all defenses for lack of personal jurisdiction and forum nonconveniens with respect to, venue and jurisdiction in the state and federal courts of Ohio based on visitation origination.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Terms of Use Agreement must be filed within one (1) day after such claim or cause of action arose or be forever banned.