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Terms of Use
Welcome to the daals.com website.
Please carefully read and review the following terms and conditions (collectively, the “Terms”), as they govern your use of our Sites. By accessing our Sites, you agree to abide by these Terms. If at any time you do not agree to these Terms, please refrain from entering or using our Sites.
YOUR USE OF THE SITES INDICATES YOUR ACCEPTANCE OF THESE TERMS
GENERAL USE AND CHANGES TO OUR SITE
Products are subject to availability, as some of the displayed merchandise may be out-of-stock, discontinued, or unavailable. Daals does not represent or warrant that any products displayed on our Sites will be available.
Daals reserves the right to limit order quantities, or to outright refuse orders, without reason or prior notice. In the event such limitation or refusal occurs, we will attempt to get in touch with you using the contact information you provided to us. Customers of our Sites are not authorized to purchase any items for resale purposes, nor are customers permitted to resell any products purchased through our Sites. Orders placed by unauthorized vendors or resellers will not be honored.
All prices are quoted in U.S. dollars and subject to change. In the event of any typographical pricing errors, omissions, or inconsistencies, Daals reserves the right to refuse or cancel any orders placed for products incorrectly priced, regardless of whether your credit card has been charged or a confirmation was sent. In the event that your credit card was charged for the incorrect amount and your order is cancelled, Daals will reimburse your credit card for the full amount you were charged.
COLORS
Daals has made every effort to accurately display the colors of our products. The settings on your computer and the monitor that you use may affect the actual color that is displayed, and as such, we cannot guarantee that the colors you see will be accurate.
TRADEMARKS
All trademarks, service marks, trade names and logos found on our Sites are trademarks or registered trademarks of Daals, our affiliates, or independent third parties whose materials or technologies we legally integrate into various products found on our Sites, or whose services we utilize to support our business operations. Daals retains all rights in our trademarks and other intellectual property, as outlined by U.S. trademark laws and applicable international laws and treatises.
No license or right to use any of Daals’ trademarks, service marks, trade names or logos is granted to you as a result of your visitation to our Sites or agreement to these Terms. You agree not to use Daals’ trademarks or other intellectual property in any manner without Daals written authorization. Any unauthorized use of our trademarks or other intellectual property is strictly forbidden, and may result in legal liability.
COPYRIGHT INFRINGMENT COMPLAINTS
Daals respects the intellectual property rights of third parties. If you believe that anything on our Sites infringes upon any copyright which you own or control, please notify our legal department by providing them with the following information, in its entirety, as outlined in 17 U.S.C. § 512:
All notices should be sent to:
ADDRESS
Please note that by sending the above information you are only notifying Daals of any alleged infringements, you are not commencing any legal proceedings or claims.
CONTENT OWNERSHIP
The collective content of our Sites, including without limitation any design, text, pictorial or graphic components, is protected under U.S. copyright laws. All content is provided solely for your personal and non-commercial use. Any commercial or derivative use of our Sites is strictly prohibited, and this includes without limitation the distribution, modification, publication, sale or public display of any content obtained from our Sites. Daals reserves the right to protect our intellectual property and site contents to the fullest extent afforded to us by the law.
USER GENERATED CONTENT
You are solely responsible for any comments, feedback, reviews, videos, images, photographs, information, suggestions, ideas, concepts, techniques, data, and other communications which you submit to our Sites (“User Generated Content” or “Content”), and for any consequences that result from such submissions. Daals expressly disclaims any and all liability in connection with User Generated Content.
All User Generated Content submitted to our Sites shall be deemed non-proprietary and non-confidential. Daals shall be free to use, reproduce, modify, publish, incorporate, exploit, develop and distribute such Content and any ideas contained therein, without restriction or cost and through any medium now known or later developed. Daals does not solicit or accept any ideas, proposals, concepts, materials, or suggestions for future products, services, marketing campaigns, or for anything else related to our company (“Business Ideas”). Business Ideas that you submit are considered User Generated Content, and thus they may be freely utilized or otherwise exploited by Daals without restriction and without compensating you in any way. You are solely responsible for ensuring that the Content you submit complies with all laws and regulations, including without limitation those related to the intellectual property and privacy rights of third parties.
Daals reserves the right to deny, remove, edit, or modify any User Generated Content at any time for any reason. Daals may monitor and review the Content submitted to our Sites, but we are under no obligation to do so. You understand that by accessing our Sites you may be exposed to User Generated Content that is offensive, inaccurate, misleading or otherwise distasteful. Such Content is the sole responsibility of the third party from whom it was submitted and under no circumstance shall Daals be liable for any User Generated Content or for any damages resulting from such Content. Daals does not endorse any User Generated Content, or any thoughts, opinions, materials or other information contained therein.
PROHIBITED CONDUCT
Daals expressly prohibits certain conduct on our Sites. Any and all illegal, tortious, or otherwise unauthorized acts associated with your use of our Sites will not be permitted. The following provides a list, without limitation, of conduct which is forbidden. All users of our Sites agree not to:
PERSONAL INFORMATION
All personal information submitted through our Sites will be governed in accordance with the terms of our Privacy Policy.
PASSWORD PROTECTION
Daals allows you the option of becoming a registered member of our Sites through the “My Account” feature. In order to set up your personal account, we require that you create a personal and confidential password, which must be reproduced every time that you log in. You are responsible for protecting the confidentiality of your password and maintaining control over who has access to your account. You agree to accept sole responsibility for any and all activities that occur under your account. In the event that your account has been compromised and your password wrongfully obtained, please notify Daals immediately.
LINKING
Our Sites may contain links to third party websites not under Daals’ control. Daals has no responsibility for, and does not endorse, any linked websites. Such linked websites may have their own Terms of Use and Privacy Policies which govern your access and use of their websites. Daals is not liable for any damages or obligations incurred as a result of your visitation to any third party websites.
Certain third party websites may contain links to our Sites. Daals does not endorse any websites which offer links to our Sites, nor are we affiliated with any such websites. In the event you have accessed our Sites by clicking a link from a third party website, please understand that your visitation and use of our Sites is governed by these Terms, not those of the third party website from where you came.
INTERNATIONAL USERS
Our Sites are owned, and intended to be used, from within the United States. Daals does not represent or warrant that the materials found on our Sites are appropriate for use outside of the United States. In the event you choose to access our Sites from outside of the United States, you do so on your own accord and in full recognition of any local laws, regulations, or restrictions that may apply.
DISCLAIMER OF WARRANTIES
Our Sites, and the services that they herein provide, are provided “as is” and without warranties of any kind. Daals expressly disclaims all warranties, whether express or implied, including but not limited to the implied warranties of MERCHANTABILITY and FITNESS FOR A PARTICULAR PURPOSE, and any warranties of title or non-infringement. Daals does not represent or warrant that our Sites, or their function, downloadable materials, contents or any services that they herein provide, will be uninterrupted, error-free, virus-free, accurate, secure, complete, satisfactory, or cured of any defects. Daals is not responsible for any damages incurred as a result of your use of our Sites, as your visitation and use of our Sites is done at your own risk.
In the event your jurisdiction does not allow for a disclaimer of implied warranties, the abovementioned disclaimer may not apply to you.
LIMITATION OF LIABILITY
You assume all responsibility and risk associated with your use of our Sites. To the fullest extent permitted by law, under no circumstances will Daals, or any of its directors, employees, agents, affiliates, licensors, manufacturers, or suppliers, be liable for any consequential, indirect, special, incidental, or punitive damages related to the use of our Sites or any linked websites, including but not limited to any lost profits or revenues, anticipated profits or revenues, lost data or business opportunities, website malfunctions, or other performance-related failures of our Sites, personal injuries to you or any third party, or any other tangible or intangible losses or damages related to your use of the Sites.
INDEMIFICATION
You agree to indemnify, defend, and hold harmless Daals, its directors, employees, agents, affiliates, licensors, manufacturers and suppliers from and against any and all claims, losses, liabilities, expenses, damages and costs, arising from or relating to your use of our Sites, violation of these Terms, or violation of any third party rights. Daals reserves the right to take control of any litigation matters, at our own expense, which may have a material effect on our organization, regardless of whether the matter qualifies for an indemnity. In the event Daals takes control of such litigation, you agree to cooperate and participate as needed in the defense of such matters.
JURISDICTION/CHOICE OF LAW
These Terms are governed by the laws of the Commonwealth of Massachusetts, without giving effect to any conflict of law provisions. All disputes or other actions arising from these Terms shall be adjudicated entirely in the state and/or federal courts of the Commonwealth of Massachusetts.
SEVERABILITY
The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision of these Terms is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of an arbitrator or a court of law. If such provision cannot under any circumstances be so modified or restricted, it shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.
CONFLICT OF TERMS
In the event there is a conflict or inconsistency between the provisions of these Terms and any other Daals policies, notifications, or terms and conditions, the other policies, notifications, or terms and conditions which are specific to a particular product, service, contest or section of our Sites shall govern your use of that specific section.
ASSIGNMENTS
These Terms are not intended to grant any right or benefit to any third party, nor are they intended to extend any obligations or liabilities to any third party. Under no circumstances may you assign your rights, obligations, or liabilities under these Terms to any third parties without the express written consent of Daals.
TERMINATION
This agreement, and these Terms, will remain in effect until terminated by either party. You or Daals may terminate this agreement at any time, with or without notice. Daals consequently reserves the right to deny, block, or prevent your access to our Sites or any portion of our Sites for any or no reason at all, and for as long as we deem necessary.
RESOLVING DISPUTES
In the unlikely event that a problem occurs with respect to your use of these Sites and these Terms, Daals would like to address your concerns without needing a legal case or proceeding. Before initiating a legal case against Daals, we ask that you work with us to resolve the dispute informally by contacting our Customer Care department.
CONTACT US
If you have questions, comments, or concerns regarding our Terms of Use, please contact us at customerservice@daals.com
