Terms of Service

TERMS OF SERVICE

OVERVIEW

This website is operated by The dotnot Shop.  Throughout the site, the terms “we”, “us” and “our” refer to The dotnot Shop. The following terms and conditions (the "Agreement" or “Terms of Service”) govern all use of The dotnot Shop website (the "Site") and the services or products available on or at the Site (taken together with the Site, the "Service"). The Service is offered subject to your (the "User") acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by The dotnot Shop – including, without limitation, Shipping, Return Policy, Privacy Policy and others.  If you do not agree with these terms, do not use the Site.  If these Terms of Service are considered an offer, acceptance is expressly limited to the terms of this Agreement.

GENERAL CONDITIONS

You understand that your content, with the exception of your 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 encrypted during transfer over networks.

No agency, partnership, joint venture, employee-employer, franchiser-franchisee relationship, etc. is intended or created by this Agreement.  We reserve the right to transfer or assign this

Agreement or any right or obligation under this Agreement at any time.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright laws.

The headings used in this Agreement are included for convenience only and will not limit the scope or otherwise affect the terms of this Agreement.

USER ACCESS

The User certifies to The dotnot Shop that if User is an individual (i.e., not a corporation), the User is at least 18 years of age.  The User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service.  This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.

We reserve the right to impose limits on certain features and Services or restrict User's access to parts or all Services without notice or liability.  We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction.  We may exercise this right on a case-by-case basis.

TRADEMARKS

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.  If with our permission you use any of our trade marks in reference to our Services, you must include a statement attributing that trade mark to The dotnot Shop. You must not use any of our trade marks in or as the whole or part of your own trade marks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services (including the Site).

 PRODUCTS OR SERVICES

 The dotnot Shop may change, suspend or discontinue services, products, or terms at any time, including the availability of any feature, or content.  All product descriptions, product pricing, packaging and Services associated are subject to change at any time without prior notice, at our sole discretion.  We will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. The Service on this Site is void where prohibited.

RETURNS AND SHIPPING

Returns claimed as damaged or not received are subject to The dotnot Shop investigation and discretion, and all returns are governed by our Return Policy.

The risk of loss and title for such items pass to the User upon product delivery to the carrier.  It is the User’s responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the product was delivered.  In such case, The dotnot Shop will not make any refunds and will not resend the product.

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, or orders that use the same billing 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, billing address, or 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 the Site.  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.

OPTIONAL TOOLS

We may provide you with access to third-party tools which we do not monitor nor do we have any control over or input to.

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, features or both through the website (including the release of new tools and resources).  Such new services, features or both shall also be subject to the terms of this Agreement.

THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third-parties.  We are not responsible for examining or evaluating the content or accuracy of such materials, 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 you may access through our website.  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 SUBMISSIONS

If with or without our request you send in certain specific submissions (for example, contest entries) or send us creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction (except where protected by copyright or similar registration of intellectual property ownership), edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.  We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

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 the Service or any related website.  You agree 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 for their accuracy.  We take no responsibility and assume no liability for any comments posted by you or any third-party.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service 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 in the Service 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 in the Service or on any related website, including without limitation, pricing information, except as required by law.  The absence of a specified update or refresh date applied in the Service or on any related website should not be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, 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 may 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 the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES

The dotnot Shop has made every effort to display as accurately as possible the colors and images of our products that appear on the Site.  Unfortunately, we cannot guarantee that the images, colors, and details on our Site are 100% accurate representations of the product, and sizes might in some cases be approximate.

We cannot guarantee that your computer monitor's display of any color will be accurate. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.  You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.  In the event of such removal or termination of the Service, we will meet our product delivery obligations to you in process at the time of such service removal or termination, or refund any funds you have committed to us for unfulfilled service.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The service and all products and services delivered to you through the Service 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.

LIMITATION OF LIABILITY

In no case shall The dotnot Shop, our directors, officers, 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 service or any products procured using the Service, or for any other claim related in any way to your use of the service 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 the Service 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 The dotnot Shop and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service 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 this Agreement 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 this Agreement.  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 Terms of Service are effective unless and until terminated by either the User or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, 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 Terms of Service, we 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.

ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.  We do not guarantee we will take action against all breaches of this Agreement.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire Agreement and understanding between you and us and govern your use of the Service, 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 the Terms of Service).

Any ambiguities in the interpretation of this Agreement shall not be construed against the drafting party.

GOVERNING LAW

If a dispute arises between you and us, we strongly encourage the User to first contact us directly to seek a resolution.  We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Contracts for the purchase of products through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) must be resolved by a court located in the State of Virginia.  Any dispute or claim arising out of or in connection with Agreement or its formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of the State of Virginia.

MODIFICATIONS 

The most current version of the Agreement can be reviewed at any time on this page.  We reserve the right to update, modify or replace any part of the Agreement.  User shall be responsible for reviewing and becoming familiar with any such modifications.  Use of the Service by the User following the modification, constitutes the User's acceptance of the Agreement as modified. 

CONTACT INFORMATION

Questions about this agreement shall be sent to: customerservice@dotnot.shop.