Terms of Service and Conditions of Sale

 

GODASHDOT.COM

EFFECTIVE: January 19, 2017

Welcome to the website of dash dash dot dash dash dash LLC (“dash dot”, also referred to below as “we” and “us”).  These Terms of Use and Conditions of Sale (together with any documents referred to in them) (these “Terms of Use”) apply to your use and access of www.godashdot.com (the “Website”), and any content, functionality, products and services offered on or through the Website and to your purchase of any products through the Website.

Please read these Terms of Use carefully before you start to use the Website.  These Terms of Use constitute a legal contract.  By visiting the Website and/or using the Website to make any purchases, you are agreeing to be bound by these Terms of Use and our Privacy Policy, found at www.godashdot.com/privacy-policy (the “Privacy Policy”).  If you do not want to agree to these Terms of Use or the Privacy Policy, you must exit the Website. 

References to “you” in these Terms of Use means any person accessing this Website, whether as a visitor or a purchaser of any products through the website.

We may revise and update these Terms of Use from time to time.  Please check this page periodically to take notice of any changes we make, as they are binding on you.  You can tell if these Terms of Use have changed or been updated by checking the effective date that appears above.  Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. 

We respect the privacy of all of our customers and of all visitors to the Website.  For information on what types of information we may collect from you in connection with our Website and our practices with regard to such information, please read our Privacy Policy, found at www.godashdot.com/privacy-policy.

1.     Accessing the Website and Account Security

The Website is directed at adults. We do not knowingly solicit data from, or market to, children under age 13. If you are under 18 and want to order from our Website, please ask your parent or guardian to do this for you.

We reserve the right to withdraw or amend this Website, and any products or services we provide on or through the Website in our sole discretion without notice.  We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. 

2.     Online Purchases and Other Transactions

General

All purchases and other transactions made through the Website are governed by the terms and conditions contained in these Terms of Use.  Certain purchases on the Website may be subject to additional terms and conditions, which would be posted on, or accessible through, the web pages on the Website used in connection with such purchases.  All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.  All orders are deemed to have been made in and completed in the State of New York.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Website are subject to change at any time without notice.  Certain descriptions are approximate and are provided for convenience purposes only.  The inclusion of any products or services on the Website does not imply or warrant that these products or services will be available.  Dash Dot reserves the right, with or without prior notice, to: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the use of any coupon code, promotional code, or other similar promotion; and (iii) bar any user from making or completing any orders. 

Pricing/Payment

All prices listed on the Website are in US Dollars.  We will charge customers sales tax as required by applicable law.  Payments for products ordered through the Website must be made in full at the time of placing an order.  By placing an order through the Website, you agree to pay the price for the goods ordered, at the price(s) in effect when such charges are incurred, plus all shipping and handling charges and applicable sales tax.

We strive to maintain accurate pricing, however due to unforeseen circumstances, pricing errors may occur.  By submitting an order through the Website, you are agreeing to pay the price relevant to the item being ordered as stated on the “Review Your Order” page.  Please review your order carefully before you submit it and if you have any pricing questions, please contact us immediately.

If you wish to purchase any product or service made available through the Website, you will have to supply certain information relevant to your purchase, including, without limitation, your credit card number and security code, the expiration date of your credit card, your billing address, phone number and shipping information.  YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION.  We may utilize one or more third party companies to process credit card purchases made on the Website.  By submitting such information, you grant us the right to provide such information to third parties for purposes of facilitating the completion of purchase transactions initiated by you or on your behalf as described in our Privacy Policy.  We may require verification of information prior to the acknowledgment or completion of any order.  We reserve the right not to produce your order or offer our services if you provide invalid billing information. 

Delivery/Shipping

All orders placed on the Website are final.  Once submitted, an order cannot be cancelled

We strive to process orders in a prompt manner.  Please note, however, that any delivery dates or timing provided on the Website represent our estimate of the expected delivery date.  We will not be responsible or liable for any late deliveries.  We use reputable third-party carriers (e.g., The United States Postal Service, Federal Express, United Parcel Service) to deliver your order and are not liable for delivery problems caused by these providers.  We make no guarantee about time in transit of any shipping method.  In the event an order is not received by the estimated delivery date or arrives damaged, you should email info@godashdot.com.  Please include your order number in any email that you send to us so that we can quickly track your order and respond to your inquiry.

Defective Products

If products that you order from the Website contain any defects at the time of delivery to you or the Recipient, you may return such products for a refund by contacting Dash Dot at info@godashdot.com within 30 days of the delivery date of such products.  Please include your order number in the email.  Upon receipt of an email from you reporting defective merchandise within 30 days of the delivery date, we will respond to you and provide you with a Return Merchandise Authorization Number (RMA) and with instructions for how you can return the defective merchandise to us.

You are responsible for shipping any defective merchandise to us and you agree to bear shipping and handling charges and all risk of loss for the return product during shipment.  You agree to use only reputable carriers capable of providing proof of delivery for the shipment.  We will only accept returns that indicate the RMA number, and which otherwise comply with these instructions and with any other instructions that we may provide to you by email or otherwise.  If, after we receive and inspect your returned merchandise, we determine that the merchandise is defective, we will issue a full refund to you.

Please note that we will not issue any refund if you fail to notify us of the defect within 30 days of the delivery date in accordance with the instructions contained herein and with any other instructions we provide to you in connection with your order or if you fail to return the defective merchandise to us in accordance with the instructions we provide to you.

Your sole remedy for receipt of defective merchandise is a refund of the purchase price.  We will issue such refund as soon as reasonably practicable for returns made in accordance with these terms.  Shipping costs are never refundable.  In no case will Dash Dot be liable to you or any other party for loss of business or profits; incidental or consequential damages; or costs in excess of billing for specific merchandise ordered, whether as a result of errors, mistakes or failure by Dash Dot to perform services, to provide ordered products, or otherwise.  See Section 10 below for additional limitations on Dash Dot’s liability in connection with the Website and products ordered through the Website.

We reserve the right, in our sole discretion, to refuse to accept any order or to terminate any order prior to completion at any time and for any reason.  You agree that we shall have no liability of any kind to you or to any third party arising from such refusal or termination other than to refund any money paid by you for such terminated order. 

Returns.

If you wish to return any product ordered from the Website that does not contain any defects, you may return such products for a refund by contacting Dash Dot at info@godashdot.com within 7 business days following the delivery date of such products.  Please include your order number in the email.  Upon receipt of an email from you requesting a return of merchandise within 7 business days of the delivery date, we will respond to you by email and provide you with a Return Merchandise Authorization Number (RMA) and with instructions for how you can return the defective merchandise to us. 

You are responsible for shipping any returned merchandise to us and you agree to bear shipping and handling charges and all risk of loss for the return product during shipment.  You agree to use only reputable carriers capable of providing proof of delivery for the shipment.  We will only accept returns that indicate the RMA number, and which otherwise comply with these instructions and with any other instructions that we may provide to you by email or otherwise. 

We will issue a refund as soon as reasonably practicable for returns made in accordance with these terms.  No refunds will be provided for shipping and handling costs.

Please note that we will not issue any refund if you fail to properly notify us that you wish to return a product within 7 business days of the delivery date, if you fail to return the returned merchandise to us in accordance with the instructions we provide to you, or if, for any reason, we do not receive the merchandise back in new, saleable condition.

3.     Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use.  You agree not to use the Website:

·                In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 

·                To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

·                To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Dash Dot or users of the Website or expose them to liability.

Additionally, you agree not to:

·                Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

·                Use any robot, spider or other automatic device, process or means to access the Website.

·                Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

·                Use any device, software or routine that interferes with the proper working of the Website.

·                Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

·                Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. 

·                Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

·                Otherwise attempt to interfere with the proper working of the Website.

4.     Intellectual Property Rights

Dash Dot’s name and logo and all related names, logos, product and service names, designs and slogans are trademarks of Dash Dot or its affiliates or licensors.  You must not use such marks without the prior written permission of Dash Dot.  All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

The entire contents of the Website (including all information, software, text, displays, images, video and audio) and the design, selection and arrangement thereof, are owned by Dash Dot or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other intellectual property or proprietary rights. 

You are permitted to use the Website for legitimate purposes related to your role as a current or prospective customer of Dash Dot.  You must not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any of the material on the Website without the prior written consent of Dash Dot, except to: (i) store copies of such materials temporarily in RAM; (ii) store files that are automatically cached by your Web browser for display enhancement purposes; or (iii) print a reasonable number of pages of the Website for a permitted use.

You must not: (i) modify the paper or digital copies of any materials from this site; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (iii) delete or alter any copyright, trademark and other proprietary notices appearing on such materials.

You must not reproduce, sell or exploit for any commercial purposes any part of the Website, access to the Website or use of the Website or any services or materials available through the Website without obtaining a license to do so from Dash Dot or its applicable licensor.  If you wish to make any use of material on the Website other than that set out above, please address your request to:  info@godashdot.com.

If you print, copy, modify, download or otherwise use any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.  No right, title or interest in or to the Website or any content on the site are transferred to you, and all rights not expressly granted are reserved by Dash Dot.  Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

5.     Reliance on Information Posted

The information presented on or through the Website (whether pertaining to our products and services, the products and services of our business partners and affiliates or information about you, including, without limitation, historical information regarding orders and invoices) is made available solely for general information purposes.  We do not warrant the accuracy, completeness or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

6.     Linking to the Website; Reviews

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the homepage.  You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.  We reserve the right to withdraw linking permission without notice.

If we have provided you with (or agreed to provide you with) any free or discounted products or services or any other item of value, you must disclose that such item was provided to you in any reviews, articles, blog posts or other content that you write, publish or otherwise produce that is related to Dash Dot or its products or services.

7.     Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only.  This may include links from advertisers, including banner advertisements.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

8.     Geographic Restrictions

Dash Dot is based in the United States.  We provide this Website for use only by persons located in the United States.  We make no claims that the Website or any of its content is accessible or appropriate outside of the United States.  Access to the Website may not be legal by certain persons or in certain countries.  If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.  Only persons located in the United States may purchase products and services through the Website.  We do not currently ship products outside of the United States.  If you wish to place an order for products to be shipped outside of the United States, please contact us at  info@godashdot.com.

9.     Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.  WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OR ACCESS TO THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

EXCEPT FOR THOSE WARRANTIES EXPLICITLY CONTAINED HEREIN, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE, ITS CONTENT AND ALL PRODUCTS ORDERED FROM THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10.  Limitation on Liability

IN NO EVENT WILL DASH DOT, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR MANAGERS HAVE ANY LIABILITY UNDER OR RELATING TO YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE FOR LOSS OF PROFITS, REVENUE, OR LOSS OR INACCURACY OF DATA, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCURRED OR SUFFERED BY CUSTOMER OR ANY THIRD PARTY, EVEN IF DASH DOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE.

IN NO EVENT SHALL DASH DOT’S AGGREGATE LIABILITY UNDER OR RELATING, DIRECTLY OR INDIRECTLY, TO YOUR USE OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE EXCEED THE REVENUE THAT DASH DOT HAS RECEIVED FROM YOU DURING THE PRIOR TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH DAMAGES.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DASH DOT’S TOTAL LIABILITY WITH RESPECT TO ANY PARTICULAR ORDER MADE THROUGH THE WEBSITE, SHALL BE LIMITED TO THE PURCHASE PRICE PAID FOR SUCH ORDER.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11.  Indemnification

You agree to defend, indemnify and hold harmless Dash Dot, its affiliates, licensors and service providers and their respective officers, directors, managers, members, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to (a) your violation of these Terms of Use, (b) the breach or inaccuracy of any representation, warranty or covenant made by you in these Terms of Use, and (c) your use of the Website (including, but not limited to, any Content that you submit), any Website content, or any product or service offered by Dash Dot, in each case, other than as expressly authorized in these Terms of Use.

12.  Governing Law and Jurisdiction

These Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the New York law without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal or state courts located in New York.  You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

13.  Waiver and Severability

No waiver of these Terms of Use by Dash Dot shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Dash Dot to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

14.  Entire Agreement

(i) The Terms of Use, (ii) our Privacy Policy, and (iii) the terms, conditions and policies contained on any Dash Dot webpage used in connection with the purchase of goods or services from Dash Dot constitute the sole and entire agreement between you and Dash Dot with respect to the Website and all products obtained through the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. 

15.  Your Comments and Concerns

This website is operated by Dash Dot

dash dash dot dash dash dash LLC
36 Sage Terrace
Scarsdale New York 10583

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to:  info@godashdot.com.

Thank you for visiting the Website.

 

 

 

 

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