Our Website Terms and Conditions of Use
These Website Terms and Conditions for Use (Terms) shall govern your use of our website accessible at dkindustries.net, including all pages accessible within our website (collectively referred to herein as our website). These Terms shall apply in full force and effect to your use of our website. By using our website you expressly accept all Terms and Conditions contained herein in full. You must not use our website if you have any objections to any of these Terms.
Our website is NOT intended for use by minors (defined as individuals below the age of 18) and you must not use our website if you are a minor.
Intellectual Property Rights
Other than the content you own, which you may have opted to include on our website, under these Terms, D&K Industries, Inc., and/or its licensors own all rights to the intellectual property and material contained on our website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on our website.
You are expressly and specifically restricted from all of the following:
- Publishing any Website material in any form on any media.
- Selling, sublicensing, and/or otherwise commercializing any Website material.
- Publicly performing and/or showing any Website material.
- Using our website in any way that is or may be damaging to our website.
- Using our website in any way that impacts user access to our website.
- Using our website contrary to applicable laws and regulations, or in any way that causes or may cause harm to our website, or to any person or business entity.
- Engaging in any data mining, data harvesting, data extraction, or any similar activity in relation to our website, or while using our website.
- Using our website to engage in any advertising or marketing.
Certain areas of our website are restricted from access by you and D&K Industries, Inc., may, at any time and at its sole and absolute discretion, further restrict access by you to any areas of our website. Any user ID and password information you may have for our website are confidential and you must maintain the confidentiality of such information.
In these Website Terms and Conditions for Use, “Your Content” shall mean any audio, video, images, or other material you choose to display on our website. By displaying your content you grant D&K Industries, Inc., a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute your content in any and all media.
Your content must be your own and must not be infringing on any third party’s rights. D&K Industries, Inc., reserves the right to remove any of your content from our website at any time for any reason without notice.
Our website is provided “as is”, with all faults, and D&K Industries, Inc., makes no express or implied representations or warranties of any kind related to our website or the materials contained on our website. Additionally, nothing contained on our website shall be construed as providing consult or advice to you.
Limitation of Liability
In no event shall D&K Industries, Inc., nor any of its officers, directors, employees, or contractors, be liable to you for anything arising out of, or in any way connected with, your use of our website, whether such liability is under contract, tort or otherwise, and D&K Industries, Inc., including its officers, directors, employees, and contractors shall not be liable for any indirect, consequential or special liability arising out of, or in any way related to, your use of our website.
You hereby indemnify to the fullest extent D&K Industries, Inc., from and against any and all liabilities, costs, demands, causes of action, damages, and expenses (including attorneys’ fees) arising as a result of, or in any way related to, your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
D&K Industries, Inc., is permitted to revise these Terms at any time as it sees fit, and by using our website you are expected to review such Terms on a regular basis to ensure you understand all Terms and Conditions governing the use of our website.
D&K Industries, Inc., shall be permitted to assign, transfer and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer or subcontract any of your rights and/or obligations under these Terms.
These Terms, including any legal notices and disclaimers contained on our website, constitute the entire agreement between D&K Industries, Inc., and you in relation to your use of our website and supersede all prior agreements and understandings with respect to the same.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of California, and you submit to the non-exclusive jurisdiction of the state and federal courts located in California for the resolution of any and all disputes.