Effective April 8, 2012
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES OFFERED ON THIS SITE. THE CHRISDEWUSKE.COM WEBSITE AND DOMAIN NAME, AND ANY OTHER FEATURES, CONTENT, OR APPLICATIONS OFFERED FROM TIME TO TIME IN CONNECTION THEREWITH ARE OWNED AND OPERATED BY CHRISTOPHER DEWUSKE THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE. BY USING THE WEBSITE IN ANY MANNER, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND THE PRIVACY POLICY POSTED ON THE WEBSITE, WHICH IS INCORPORATED HEREIN BY THIS REFERENCE.
You may at any time request a copy of this Agreement by emailing us at: contact@chrisdewuske.com, Subject: Terms and Conditions.
If you do not agree to these terms and conditions, please do not use this site.
Modifications of this Agreement
CHRISTOPHER DEWUSKE RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY THIS AGREEMENT AT ANY TIME BY POSTING A NOTICE ON THE WEBSITE, OR BY SENDING YOU A NOTICE VIA EMAIL. YOU SHALL BE RESPONSIBLE FOR REVIEWING AND BECOMING FAMILIAR WITH ANY SUCH MODIFICATIONS. SUCH MODIFICATIONS ARE EFFECTIVE UPON FIRST POSTING OR NOTIFICATION, AND USE OF THE WEBSITE OR ANY SERVICES BY YOU FOLLOWING SUCH POSTING OR NOTIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS MODIFIED. YOU AGREE TO REVIEW THIS AGREEMENT REGULARLY TO ENSURE THAT YOU ARE UPDATED AS TO ANY CHANGES. THESE TERMS AND CONDITIONS, TOGETHER WITH THE SITE’S PRIVACY POLICY, ANY OTHER LEGAL NOTICES PUBLISHED ON THE WEBSITE, SHALL CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND CHRISTOPHER DEWUSKE CONCERNING THE WEBSITE.
Accounts
In order to access some features of the website, you may have to create a membership account. You may never use another person’s account, username or password without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. You may be required to expressly accept or reject these Terms and Conditions when you register; you agree that any requirement that you do so does not in any way vitiate your assent to comply with the Terms and Conditions. Although Christopher DeWuske will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Christopher DeWuske or others due to such unauthorized use.
Eligibility
By using the site, you represent and warrant that (i) all registration information you submit is accurate and truthful; (ii) you will maintain the accuracy of such information; and (iii) you are 18 years of age or older (if you are agreeing to these terms and conditions on behalf of a minor, you certify that you are such minor’s legal guardian).
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Christopher DeWuske. The collective work includes works that are licensed to Christopher DeWuske. Copyright 2012, Christopher DeWuske ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Christopher DeWuske or purchasing Christopher DeWuske products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Christopher DeWuske or to purchase Christopher DeWuske products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Christopher DeWuske. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Christopher DeWuske used in the site are trademarks or registered trademarks of Christopher DeWuske
Warranty Disclaimer
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Christopher DeWuske disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Christopher DeWuske does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Christopher DeWuske does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
IN NO EVENT SHALL CHRISTOPHER DEWUSKE, ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOST PROFITS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CHRISTOPHER DEWUSKE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SUBJECT TO THE FOREGOING, CHRISTOPHER DEWUSKE’S LIABILITY TO YOU FOR ANY REASON, WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CHRISTOPHER DEWUSKE FOR SERVICES IN CONNECTION WITH THE WEBSITE.
Typographical Errors
In the event that a Christopher DeWuske product is mistakenly listed at an incorrect price, Christopher DeWuske reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Christopher DeWuske reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Christopher DeWuske shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Christopher DeWuske without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Christopher DeWuske may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Christopher DeWuske.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Christopher DeWuske products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Christopher DeWuske products) must be commenced within one (1) year after the claim or cause of action arises. Christopher DeWuske’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Christopher DeWuske may assign its rights and duties under this Agreement to any party at any time without notice to you. If any provision of these Terms and Conditions is deemed invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Christopher DeWuske’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Christopher DeWuske or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Class Action Waiver
Waiver of class action: these terms and conditions provide for the exclusive resolution of disputes through individual legal action or arbitration on your own behalf instead of through any class or representative action. Even if the applicable law provides otherwise, you agree that any arbitration or lawsuit against us whatsoever shall be litigated by a participant individually and not as a member of any class or as part of a class or representative action, and each participant expressly agrees to waive any law entitling participant to participate in a class action. If a claim is subject to arbitration, the arbitrator shall have no authority to arbitrate claims on a class action basis.
Participation Disclaimer
Christopher DeWuske does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Christopher DeWuske is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Christopher DeWuske reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Christopher DeWuske in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Christopher DeWuske, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Christopher DeWuske may link to sites operated by third parties. However, even if the third party is affiliated with Christopher DeWuske, Christopher DeWuske has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Christopher DeWuske. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Christopher DeWuske seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).