GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. Ding-B-Gone door protectors are designed to prevent DINGS in doors but WILL NOT prevent DENTS in doors.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, use or exploit any portion of our product offerings. You also agree not to utilize our website for any other purposes other than purchasing our product offerings. Any use of our website and/or products without our written consent is prohibited. The paragraph terminology used in these T&C's are used to describe the content only and will not limit or otherwise affect these T&C's.
OVERVIEW
This website is operated by Ding-B-Gone. Throughout the site, the terms “we”, “us” and “our” refer to Ding-B-Gone and offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. And, references such as Terms, Conditions, and Service shall refer to "T&C's.
By visiting our site and/ or purchasing something from Ding-B-Gone, you engage in our “Service” and agree to be bound by the following T&C's, including those additional T&C's and/or policies referenced herein and/or available by hyperlink. These T&C's apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these T&C's carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these T&C's. If you do not agree to all the T&C's of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these T&C's.
Any new features and/or tools which are added to the Ding-B-Gone store shall also be subject to the same T&C's. You can review the most current version of our T&C's at any time on this page. We reserve the right to update, change or replace any part of these T&C's by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on PayPal. They provide us with the online e-commerce platform that allows us to sell our products to you.
ONLINE STORE & COMMERCE
By agreeing to these T&C's, you represent that you are at least the age of majority in your state or province of residence. And, that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of our product, violate any laws in your jurisdiction (including but not limited to copyright laws).
You also do hereby agree you will not transmit any worms or viruses or any code of a destructive nature to our site. A breach or violation of any of the T&C's will result in an immediate actions and recourse.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used at your sole discretion for making decisions to buy. Any reliance on the information provided on this site shall be at your own risk.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to fully understand the uses and any changes to our site.
MODIFICATIONS TO THE PRODUCTS AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue a product without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our offerings.
PRODUCTS (if applicable)
We have made every effort to display as accurately as possible the colors and images of our products that appear at our store. We cannot guarantee that your computer monitor's display of any color will be accurate. Certain products may be available exclusively online through our website. Some products may have limited quantities and are subject to return or exchange only according to our Return Policy.
Return Policy: You will have 14 days from receipt of your purchase to notify Ding-B-Gone of any intent to return your purchase. To be eligible for a return, your item must be unused and in the same condition that you received it. In the event that you have received a damaged product, please contact us. Include in your return the original receipt of purchase and reason for the return. Once we receive your item, we will inspect it and notify you that we have received your returned item. If you return is approved, we will initiate a refund to your original form of payment. You will receive your credit within a certain amount of days, depending on your card issuer’s policies.
Shipping: You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited. We do not warrant that the quality of any products and information, or other material purchased or obtained by you will meet your expectations, or that any errors in the product will be corrected. You must inform us in writing with a detailed explanation of your discontent and why (if applicable) for the return of our product. We reserve the right to exam the return and make the final decision as to what action shall be taken.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to our T&C's.
THIRD-PARTY WEBSITE LINKS
Certain content and products available via our website may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER COMMUNICATION
If you send certain submissions, or without a request from us, you send ideas, suggestions, proposals, plans, or other materials, whether online, by email, or by postal mail, you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use said information at our discretion and without your approval. We are and shall be under no obligation to maintain any comments in confidence, pay compensation for any comments, and respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these T&C's.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our website or any related website(s). You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. See our Privacy Policy in an accompanying section on this website.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the products that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information to our products or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on our website or on any related website, should be taken to indicate that all information about the product or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the T&C's, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of our website or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our website, store or products will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of our products will be accurate or reliable.
You agree that from time to time we may remove a product(s) for indefinite periods of time or cancel the product at any time, without notice to you.
You expressly agree that your use of, or inability to use, our product(s) is at your sole risk. The website, store and all products delivered to you through our online store and/or outside venues are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall, any owners, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services we provide or any products procured using the service, or for any other claim related in any way to your use of our services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our services or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Ding-B-Gone and any current or future parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these T&Cs or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these T&C's is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these T&C's, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These T&C's are effective unless and until terminated by either you or us. You may terminate these T&C's at any time by notifying us that you no longer wish to use our services or products, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these T&C's, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our website, services and products (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these T&C's shall not constitute a waiver of such right or provision. These T&C's and any policies or operating rules posted by us on this site or in respect to our services and products provided constitutes the entire agreement and understanding between you and us and govern your use of our services, store and, or products superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of our T&C's).
Any ambiguities in the interpretation of these T&C's shall not be construed against the drafting party.
GOVERNING LAW
These T&C's and any separate agreements whereby we provide you our website, services and/or products shall be governed by and construed in accordance with the state laws of California.
CHANGES TO TERMS AND CONDITIONS (T&C's)
You can review the most current version of our T&C's at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these T&C's by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or our services following the posting of any changes to these T&C's constitutes acceptance of those changes.
CONTACT INFORMATION
Questions about the aforementioned T&C's should be sent to us at dingbgone@comcast.net
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