D'Addario & Company, Inc. and related Affiliate Websites
Website Terms and Conditions of Use
Updated: September 10, 2019
From time to time we may update this Site and these Terms. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Company may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that Company will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated. All restrictions, rights granted by you, and all disclaimers and limitations of liability will survive any termination.
1. Company Content
Content on this Site that is provided by Company or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing ("Company Content") is the property of Company and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display or use any Company Content located on the Site for use (a) in any publications, (b) in public performances, (c) on websites other than this Site for any other commercial purpose, (d) in connection with products or services that are not those of Company, and/or (e) in any other manner that is likely to cause confusion among consumers, that disparages or discredits Company and/or its licensors, that dilutes the strength of Company's or its licensor's property, or that otherwise infringes Company’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any Company Content or third party content that appears on this Site.
If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please send us a notification, under the Digital Millennium Copyright Act (“DMCA”), by e-mail to D'Addario at email@example.com, or to DMCA Notice, D'Addario Legal Dept., P.O. Box 290, Farmingdale, New York 11735. Please include the following, as required by the DMCA:
When we receive an infringement notice with all the required information and are able to locate the allegedly infringing material, we will remove or disable access to the subject material. We also will take reasonable steps to promptly notify the person who posted the subject material. We will give them the opportunity to send a counter-notification. A counter-notification must include the following, to be effective under to DMCA:
2. Use of the Site and Posting Policy
The following requirements apply to your use of the Site, including any submission of photos, written posts, or other materials provided by you (“User Content”): (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, hateful, invasive of the privacy of another person, abusive, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Company; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect, store, or post any content that (i) contains personal information about other users or any individual, (ii) violates the privacy/publicity of any other individual or entity, or (ii) anything that you are under a contractual obligation to keep private or confidential; (d) you will not use the Site for any commercial purpose not expressly approved by Company in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not impersonate any person or organization, including without limitation, the personnel of Company, or misrepresent an affiliation with another person or organization; and (g) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of the Site, any computer software or hardware, or telecommunications equipment.
You further understand and agree that you have no ownership rights in materials you submit to us, to any account you may have with us, or other access to the Site or features therein. Company may cancel your account and delete all User Content associated with your account at any time, and without notice, if Company deems that you have violated these Terms, the law, or for any other reason. Company assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account.
By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby grant to Company a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, edit and revise any User Content (without notice), as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own all content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. You further represent that all information provided by you through this Site is true and accurate. Company reserves the right to remove any User Content you provide, in its sole discretion, without any notice to you.
You agree to indemnify and hold Company, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, including the Posting Policy, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to Company or this Site.
3. Players Circle Loyalty Program
A. Rewards Program Period:
The Rewards Program is open only to legal residents of one of the fifty (50) United States, the District of Columbia, the Netherlands, the United Kingdom or Australia, Belgium, Denmark, Germany, Ireland, Luxembourg, Norway, Sweden, Italy, Spain or Austria who are eighteen (18) years of age or older at the time of entry and legal residents of Canada, except for legal residents of Quebec, who have reached the age of majority at the time of entry. Officers, directors and employees of Company and its subsidiary and affiliated companies, distributors, authorized retailers, advertising, promotional and judging agencies, persons engaged in the development, production or distribution of materials for this Rewards Program (collectively, “Rewards Program Parties”) and the immediate family members (parent, child, sibling, and spouse of each) of and/or persons living in the same household as such individuals (whether related or not) are not eligible to participate or redeem Points (defined below). No groups, clubs, newsletters or organizations may participate in this Rewards Program on behalf of the group, club or organization.
Register for the Rewards Program for free via the Internet by visiting daddario.com/playerscircle (“Rewards Website”) during the Rewards Program Period. To register, once at the Rewards Website, follow the on-screen instructions by providing the information requested, which may include, but may not be limited to, user name, first name, last name, mailing address (no P.O. Boxes accepted), email address, and password (“Account”). When accessing the mobile site please note that standard data carrier rates may apply. Check with your carrier for details. Limit one (1) Account per person/e-mail address/mobile phone number. Anyone found attempting to use multiple/different Accounts, email accounts, identities, registrations, or logins, or otherwise attempting to obtain more than the stated limit of Accounts may be deemed ineligible, disqualified, and his/her Accounts may be cancelled, and all corresponding Points may be void, in Company’s sole discretion. Only the individual named as the primary Account holder will accrue Points and will be entitled to access to the Account. Points may not be combined from different Accounts for any purpose. Each participant shall have the responsibility of ensuring that his or her Points are properly credited by following the process set forth in paragraph D below. Company reserves the right to invalidate Points from an Account if it determines that such Points were improperly credited to such Account or obtained fraudulently. Points do not constitute property, do not entitle a participant a vested right or interest, and have no cash value. As such, Points are not redeemable for cash, transferable or assignable for any reason.
D. How to Earn Points:
i. Earn Points on Qualifying D’Addario Purchases: During the Rewards Program Period, registered Account holders will be able to receive D’Addario rewards points (“Point(s)”) when the Account holder makes a “Qualifying D’Addario Purchase,” which is defined as a purchase at retail of a qualifying D’Addario product containing a unique nineteen-character Code (each, a “Code”). Products purchased that do not contain a Code will not constitute a Qualifying D’Addario Purchase. Visit the Rewards Website for a list of qualifying D’Addario products and their Point value. This list is subject to change at any time and without notice to you. To receive Points, make a Qualifying D’Addario Purchase and input the Code on the Rewards Website. You should save your receipts from Qualifying D’Addario Purchases for six months from the date of purchase on each applicable receipt, as Company reserves the right to request, in Company’s sole discretion, receipts for verification purposes.
Not all qualifying products will be available in all areas. In addition, Company reserves the right, at its sole discretion, to introduce new products or models, which may contain a Code and have a different Point value than listed above. If any part of any Code is counterfeited, or if the Code comes from other games or promotions, or if any part is illegible, mutilated, destroyed or tampered with in any way, or if it contains or reflects printing, typographical, mechanical or other errors, the Code, as applicable, will be rejected and will be deemed void and invalid. Company’s sole liability with respect to a defective Code shall be replacement with one (1) Code during the Rewards Program Period, while supplies last. Each participant acknowledges and agrees that the decisions of Company shall be final, binding and conclusive in all matters relating to the Rewards Program, including without limitation determinations regarding the validity of Codes, Qualifying D’Addario Purchase(s) and other materials submitted for verification. Codes may not be sold, traded, bartered, auctioned (including through Internet auction sites), or given away. Rewards Program materials are null and void and will be rejected if not obtained through authorized, legitimate channels.
E. Enter Code(s) Into Your Account:
Each time you enter a valid Code during the Rewards Program Period online, your Account will automatically be credited with the Points associated with that Code. Please allow 24 hours for Points to be credited into your Account. Points have no cash value. Any unused Points remaining in an Account after the end of the Rewards Program Period shall be void. When logged onto your Account you can check your Account history for Point balances and details. Except in Luxembourg in instances of Company's gross or willful misconduct, Company assumes no liability for discrepancies, omissions, inconsistencies or errors in the number of Codes entered or the number of Points acquired as a result thereof. The decisions of Company with respect to Code entry, Account balances and Point transactions are final and binding in all respects. All items/products that may be available on the Rewards Website are subject to change without notice and available while supplies last. You hereby expressly accept and agree that Company, at its sole discretion, reserves the right (without obligation) to substitute items/products of greater or equal value in the event inventory of any one item runs out.
F. Redeem Points:
Subject to Company’s right to add, delete, or otherwise make changes to the Points structure and the rewards offered in connection with the Rewards Program, Points may be redeemed for merchandise found on the Site, while supplies last, and all merchandise obtained through Points redemption shall be a final sale and non-returnable. Each merchandise item has a required number of Points for redemption as stated on the Site. You cannot redeem Points for merchandise unless you have accumulated the required corresponding number of Points in your Account. See Rewards Website or Site for further details on how to redeem Points. Once your order has been submitted, the required number of Points for the selected merchandise will be deducted from your Account. Unless otherwise required by law, once Points have been redeemed for merchandise they may not be returned or refunded to an Account for any reason, including if the merchandise is stolen or lost. Company reserves the right to modify, change, and otherwise revise merchandise on the Site, including and without limitation, the required number of Points for such merchandise.
G. Code Verification and Company’s Recourse in the Event of Fraud:
All Codes and Points are subject to verification at the sole discretion of Company. Be advised that Company uses anti-fraud detection devices to verify the authenticity of all Codes used.
Codes will be void if, as determined by Company in its sole discretion: (i) they fail to pass anti-fraud detection measures; (ii) they are found to be unauthorized or illegitimately obtained (including, for example, through channels other than retail purchase); (iii) they contain an unauthorized message, code or other marking not issued by Company for use in this Rewards Program; (iv) they are defective; contain printing or other mechanical errors; are printed or produced in error; or are illegible, unreadable, or blank.
No Code/Point receipt or redemption will be valid if it is associated with any Code/Point deemed void for any reason, including without limitation, the following: (a) Code/Point is not verified or recognized as being validly issued by Company in the Rewards Program; (b) Code/Point is determined to be previously entered and used; (c) Code/Point is incorrectly or incompletely entered or submitted; (d) Code/Point was obtained in a manner deemed by Company to be fraudulent or otherwise invalid; or (e) Code/Point is otherwise void. Using invalid or fraudulent codes may result in your termination or suspension from the Rewards Program in Company’s sole discretion. Notwithstanding the foregoing, Company may, at its sole discretion and without obligation, or if required by law, elect to replace an illegible Code with another Code if appropriate upon request, while supplies last. Except as expressly stated above, and in Luxembourg in instances of Company's gross or willful misconduct, Company shall have no liability or obligation with respect to any void Code.
To the extent permitted by applicable law, the Rewards Program structure is subject to modification, termination, or limitation at any time, subject to reasonable notice in jurisdictions where Company is specifically required by applicable law to provide such notice, in Company's sole discretion, and Company expressly reserves the right to establish additional means of accruing Points, to delete any or all of the currently recognized means of accruing Points, to exclude specific types of transaction therefrom or to make Points selectively available to certain participants based upon factors in its sole discretion. Additionally, membership in the Rewards Program is offered at the discretion of Company and it reserves the right to modify the Rewards Program Terms, Point redemption values, benefits, Company promotion (if any), conditions of participation, rules for issuing, redeeming, retaining, using or forfeiting Points or any other aspect of the Rewards Program, in whole or part, at any time, subject to reasonable notice in jurisdictions where Company is specifically required by applicable law to provide such notice, even though such changes may affect the redemption value of the Points already accumulated. If for any reason Company determines in its sole discretion that the Rewards Program, or any aspect thereof, is no longer capable of running as intended by these Rewards Program Terms for any reason whatsoever (including, without limitation, any occurrences described in these Terms or any other causes which may corrupt or impair the integrity, security, fairness or proper conduct of the Rewards Program), Company, at its sole discretion but subject to any applicable laws and subject to reasonable notice in jurisdictions where Company is specifically required by applicable law to provide such notice, reserves the right to cancel, terminate, suspend, postpone, delay or modify the Rewards Program in whole or in part, including without limitation, any means of entry, at any time.
To the extent permitted by applicable law, and subject to reasonable notice in jurisdictions where Company is specifically required by applicable law to provide such notice, points may expire, in Company’s sole and absolute discretion. Participants must redeem and use all Points before expiration, or the effective date of termination, or those unused Points shall be forfeited. Points earned through prior rewards programs that have been terminated will not be honored. However, notice of early termination shall not be provided for any actions, petitions or adjudications associated with bankruptcy, insolvency, assignments to creditors or material business interruptions of Company. No extensions, cash refunds or other exchanges will be allowed for expired rewards Points. To the extent permitted by applicable law, if any Account is inactive for a two (2) year period (inactivity defined as no Points added or redeemed to/from a Rewards Program Account for two (2) years), participants acknowledge and agree that Company may, in its sole and absolute discretion, terminate such Account and any Points associated with such Account. Company is not obligated, and will not provide notice of such inactivity or termination to participants. Company reserves the right, at any time, to revise the inactive period causing termination from two (2) years. Notice of such revision shall be posted on the Rewards Website.
By participating in this Rewards Program, participants agree to be bound by these Rewards Program Terms and the decisions of the Company, which shall be final and binding in all respects. Failure to comply with these Rewards Program Terms may result in disqualification. Company reserves the right at its sole discretion to disqualify any individual from participating in any aspect of Rewards Program, and/or may cancel, suspend or block any Account registered by such person (and void any associated Points) if, in its reasonable opinion, Company deems or suspects that such person has engaged in or has attempted to engage in any of the following: (a) violating these Rewards Program Terms or the Terms of the Site; or (b) damaging, tampering with or corrupting the operation of the Rewards Program; or (c) acting with intent to annoy, harass or abuse any other person; or (d) use of any automated bot, script or other robotic, mechanical, programmed or automated devices to submit data to the Site through online or mobile web other means; or (e) attempts to enter and/or receive repetitive, void, additional, or otherwise invalid or fraudulent Points in one or more Accounts, as determined by Company; or (f) any unsportsmanlike, inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (g) activity deemed in the sole discretion of Company to be generally inconsistent with the intended operation of the Rewards Program. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR CORRUPT ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE REWARDS PROGRAM COULD BE A CRIMINAL AND/OR CIVIL OFFENSE. SHOULD SUCH AN ATTEMPT BE MADE, COMPANY RESERVES THE RIGHT TO PROSECUTE AND/OR SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW. Company's failure to enforce or delay in enforcing any term of these Rewards Program Terms shall not constitute a waiver of that or any other provision. The failure of Company to comply with the Rewards Program Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, provincial/territorial or local governmental authorities or for any other reason beyond the reasonable control of Company, shall not be deemed a breach of the Rewards Program Terms. To the maximum extent permitted by law, all participants, as a condition of participation in this Rewards Program, agree to release Company and Rewards Program Parties from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with accessing the Rewards Website, registering an Account, or otherwise participating in any aspect of the Rewards Program, the receipt, ownership or use/misuse of any Company promotion prize awarded (if any) or any item or product redeemed with participant’s Points, or any typographical or other error in these Rewards Program Terms or other Rewards Program materials (including, without limitation, on any Site).
4. Terms of Sale
You may be asked to supply certain information relevant to a transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Company the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
All descriptions, images, references, features, content, specifications, products and prices of products described or depicted on the Sites are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products on the Site does not imply or warrant that these products will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Company reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your transaction(s).
You understand and agree that you are charged at the time you place your order for products, and the sale is final and complete at the time you are charged. Once an order is placed, changes cannot be made.
B. Availability, Errors & Inaccuracies:
If an item is out of stock, Company, may, in its sole discretion and at no extra cost to you, substitute another item for the out-of-stock item if Company, in its sole discretion, determines that the identical brand and product is available in a form that is of equal or greater value.
Company’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Company aims to describe and display its products accurately on the Site. However, some items on the Site may be mispriced, described inaccurately or unavailable, and Company may experience delays in updating information on the Site and in our advertising on other sites. As a result, Company cannot and does not guarantee the accuracy or completeness of any information, including prices, product images, specifications, and availability. Company reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. As part of our shipping procedures, Company verifies the availability and the price before an item is shipped. If an item’s correct price is lower than our stated price, Company will charge the lower amount and ship you the item. If an item’s correct price is higher than our stated price, if the item is no longer available, or if Company determines that there were inaccuracies in our product information, Company will cancel your order and notify you of such cancellation via email.
C. Shipment of Merchandise:
In most cases, you agree to allow at least six to eight weeks from receipt of order for shipment of merchandise via postal mail, unless otherwise stated on the Site. Each merchandise item ordered will ship separately. All merchandise will ship to the postal address that you specify on the order form page. No P.O. boxes allowed. Merchandise will only be shipped to addresses within the United States, Canada, the Netherlands, the United Kingdom, Australia, Belgium, Denmark, Germany, Ireland, Italy, Luxembourg, Norway, Spain, Sweden, or Austria. No responsibility is assumed by Company for any postal mail or overnight deliveries returned as undeliverable without a forwarding address. Except to the extent required in Luxembourg, no responsibility is assumed by Company for merchandise after it has been delivered to the carrier.
D. Merchandise Availability:
All merchandise available on the Site is subject to change without notice and is available while supplies last. You hereby expressly accept and agree that Company, at its sole discretion, reserves the right (without obligation) to substitute merchandise of greater or equal value in the event supplies of any one item run out. Merchandise may be available only in limited quantities and will be distributed on a first-come, first-served basis. Participants should regularly consult the Site for updates regarding merchandise availability. The determination of whether a participant has to pay any tax in connection with the merchandise and the payment of that tax, if any, are participant’s sole responsibility.
E. Shipping and Returns:
If you are not fully satisfied with your purchase of items sold by Company, you may return it in accordance with Company’s Return Policy set forth on the FAQ page of the Site. The Return Policy is incorporated into the these Terms in its entirety. The foregoing Return Policy does not apply to merchandise obtained through Points redemption through the Site, which is not returnable.
If any problems arise with your Account, shipping address, or payment method connected with your Account that Company is unable to resolve, Company will notify you through the email address associated with your subscription and your subscription order may be canceled. Additional orders may not be shipped until the problem has been resolved.
Points earned pursuant to a Qualifying Company Purchase that correspond to a subsequent product return for a refund or other credit, or that has otherwise been cancelled, will be deducted from your Account.
F. Risk of Loss:
Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier.
G. Notice for California Residents:
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to firstname.lastname@example.org. You may also contact us by writing to our Chief Privacy Officer, or by calling us at 631-439-3300. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
5. Representations, and Limitations of Liability
Company makes no representations about the reliability of the features of this Site, the Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems or use of the Site will be at your own risk. Company makes no representations regarding the amount of time that any Content or User Content will be preserved. Company makes no representation or warranties (i) that any material, images, applications or files obtained from or through the Site are free from computer viruses or other faults or defects. It is your responsibility to take customary precautions against computer viruses and/or (ii) concerning inaccuracies, typographical errors or other defects on the Site or applications or material available on or through Site. You agree to use this Site, applications and functions at your own risk.
Company does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Company without the prior review and written approval of Company.
THIS SITE AND THE REWARDS PROGRAM ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL COMPANY, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE AND/OR THE REWARDS PROGRAM, NOR SHALL COMPANY BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND COMPANY’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES.
UNDER NO CIRCUMSTANCES WILL COMPANY OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF COMPANY’S NEGLIGENT OR RECKLESS ACTS.
These Terms do not limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 or any other implied warranties under the Australian Securities and Investment Commission Act 2001 or similar consumer protection laws in Australia; in Luxembourg under applicable Luxembourg law; the Dutch Civil Code; the Distance Sales Act and the Consumer Sales Act or similar consumer protection laws in Sweden; the Austrian consumer Act or similar consumer protection laws in Austria; the Irish Sale of Goods and Supply of Services Act 1980 (as amended); the Danish Consumer Contract Act, except where the Company is legally obligated to do so. Nothing in these Terms shall exclude or limit any liability of the Company or any Rewards Program Parties to you for death or personal injury arising out of negligence, fraudulent misrepresentation or fraudulent concealment or any other matter which cannot be limited or excluded by law. For residents of Germany and Austria, the limitations of liability do not apply to cases of gross negligence and premeditation of the Company or any Rewards Program Parties to violations of cardinal contractual obligations or to damages which are based on injury to life, body or health. For residents of Belgium and Austria, the limitations of liability do to not apply to cases of Company's willful misconduct. To the extent required by applicable law, the limitations on liability in this paragraph do not apply in Luxembourg in instances of personal injury or death resulting from Company's act or omission.
6. Third Party Websites
7. Binding Arbitration
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
The dispute requirements in this Section do not apply to residents of Germany and Austria. For residents of Germany and Austria, regardless of the requirements in this Section, all issues arising in connection with the Rewards Program and use of the Site shall be governed by German or Austrian law with jurisdiction in the competent court of the participant's domicile. In Ireland, to the extent that you have a contractual dispute with Company about online purchases of goods ordered from the Site, including as part of this Rewards Program, you may avail of an Online Dispute Resolution platform here or you may contact Company directly by sending an email to email@example.com.
Both you and Company acknowledge and agree that no partnership is formed and neither of you nor Company has the power or the authority to obligate or bind the other.
These Terms will be governed by and construed in accordance with the internal laws of New York without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms and/or the Site not subject to the arbitration provision set forth herein will be subject to the courts located in Suffolk County, New York. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms operate to the fullest extent permissible by law.
The failure of Company to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Company, shall not be deemed a breach of these Terms.
If Company fails to act with respect to your breach or anyone else's breach on any occasion, Company is not waiving its right to act with respect to future or similar breaches.
These Terms constitute a binding agreement between you, your heirs, successors, affiliates, and representatives and Company, and is accepted by you upon your use of the Site or your account. These Terms constitute the entire agreement between you and Company regarding the use of the Site and your account. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.
© 2019 D'Addario & Company, Inc. All rights reserved.