WEBSITE USER AGREEMENT
1. Acceptance of Terms
Original Depler®, ("we", "us", "our"), provides access to the Original Depler® website, located at www.OriginalDepler.com (the "Site") because we love you. Our attorney loves you too but insists that your use of the Site is subject to your acceptance of this Website User Agreement ("Agreement").
By accessing, browsing, framing, using and/or linking to the Site, you become a User (defined herein) and agree to be bound by the terms of this Agreement. When using a particular feature of the Site, you may also be subject to any posted guidelines, rules, terms of service, privacy policies, or other contractual provision as noted. In the event of a conflict between any other agreement, rule, policies, or terms of service and this Agreement, the provisions of this Agreement shall govern. If you have any questions about this User Agreement please contact Original Depler® by Email before using the Site.
2. Types of Users
Any person accessing, browsing, or otherwise using the Site, either manually or via an automated device or program, shall be deemed a "User" under this Agreement. We love all of our Users, especially those that buy lots of stuff from us.
You understand that Original Depler® is good, but not perfect. Therefore, we cannot and do not guarantee that the Site will be free of infection from viruses or other mean computer stuff that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Sorry about those big words. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
5. Risk: Internet Use
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT THERE ARE MEAN PEOPLE IN THE INTERNET WORLD AND THEREFORE, ANY UPLOADS OR TRANSMISSIONS YOU MAKE MAY BE INTERCEPTED AND USED BY AN UNAUTHORIZED THIRD PARTY. ACCORDINGLY, YOU ARE SOLELY RESPONSIBLE FOR ALL OF THE RISK ASSOCIATED WITH YOUR USE OF THE SITE.
6. No Warranties
DUE TO STUFF THAT WE UNFORTUNATELY CAN'T CONTROL, ORIGINAL DEPLER® DOES NOT WARRANT THAT THE SITE OR SERVICES WILL MEET USER REQUIREMENTS, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE AND THE CONTENT AND SERVICES MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
ORIGINAL DEPLER® DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY WITH REGARD TO THE SITE, THE SITE CONTENT ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY.
ORIGINAL DEPLER® SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. SOME STATES MAY NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
7. System Outages
Original Depler® periodically schedules system downtime for maintenance and other purposes because we want the Site to be available for you as often as possible. In addition, unplanned system outages also may occur. We are sorry, but Original Depler® shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, or nondelivery of information caused by such system outages. Also, we shall not have any responsibility for any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
You agree to indemnify, defend and hold Original Depler® and its affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including actual attorneys' fees) resulting from (i) your use, misuse or abuse of the Site, (ii) your use of products or services provided through the Site, or (iii) your breach of any provision of this Agreement. You will cooperate as fully as reasonably required in Original Depler®’s defense of any claim. Original Depler® reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Original Depler®.
9. Intellectual Property
The contents of the Site, such as text, graphics, logos, audio clips,
video, photographs, software, and other information (the "Content") is
the property of Original Depler® and/or its affiliates or partners, and
is protected by federal and international copyright and trademark laws,
or other proprietary rights. These rights are protected in all forms,
media and technologies existing now or hereinafter developed. You may
print and download portions of the Content from the different areas of
the Site solely for your personal non-commercial use. No portion of the
Content may be reprinted, republished, modified, or distributed in any
form without the express written permission of Original Depler®.
You may not, and this Agreement does not give you permission to,
reproduce, reverse engineer, decompile, disassemble, modify, transmit,
sell, distribute, license or create derivative works with respect to the
Site. Certain Content may be licensed from third parties and all such
third party Content and all intellectual property rights related to the
third party Content belong to the respective third parties. You may not
remove, alter or modify any copyright, trademark or other intellectual
property or proprietary notice or legend contained on the Site or the
Content. Any rights not expressly granted by this Agreement or any
applicable end-user license agreements are reserved by Original Depler®.
Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Original Depler® or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or rights under any Original Depler® copyright.
10. Policy Regarding Copyright Infringement and Designation of a Copyright Agent
Original Depler®’s policy regarding copyright infringement and Original Depler®’s designated agent for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC § 512) is incorporated herein and follows below:
Original Depler® respects the intellectual property rights of others and
requires those that visit our web site to do the same. Original Depler®
may, in appropriate circumstances and at its discretion, remove or
disable access to material on its web site or its network that infringes
upon the copyright rights of others. Original Depler® also may, at its
discretion, remove or disable links or references to an online location
that contains infringing material or infringing activity. In the event
that any visitors to our website or users of our network repeatedly
infringe on others copyrights, we may in our sole discretion terminate
those individuals' rights to use our website and/or network.
11. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR PROVIDING PRODUCTS OR SERVICES THROUGH THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (I) THE USE OF OR INABILITY TO USE THE SITE (II) THE COST OF PROCUREMENT OF SUBSTITUTE MERCHANDISE AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS, WARRANTIES, GUARANTEES OR CONDUCT OF ORIGINAL DEPLER® OR ANY THIRD PARTY ON THE SITE, INCLUDING BUT NOT LIMITED TO STATEMENTS ABOUT THE USE OR FUNCTIONALITY OF ANY MERCHANDISE PURCHASED THROUGH THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE.
YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. IN NO EVENT SHALL ORIGINAL DEPLER®’S TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS EXCEED THE LESSER AMOUNT OF ANY FEES PAID, IF ANY TO ORIGINAL DEPLER® FOR THE USE OF THE SITE BY YOU OR $1.00. BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF ORIGINAL DEPLER®, OUR AFFILIATES, AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS.
12. Your Account and Membership Obligations
In consideration of your use of the Site you agree to: (i) provide
accurate and current information about yourself as prompted by the Site
(the "Registration Information"); and (ii) maintain and update the
Registration Information to keep it accurate and current. If you provide
any information that is untrue, inaccurate, not current or incomplete,
or we have reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, we may, in our sole
discretion, suspend or terminate your account and decline to permit your
continued use of the Site and future access to the Site.
You are responsible for maintaining the confidentiality of your password, account number, and Original Depler® membership information (collectively, "Account Information") and are fully responsible for all activities that occur under your Account Information. You agree that your Account Information may be used to attribute an electronic record and electronic signature to you. Therefore, you shall not disclose your Account Information to third parties. You agree to notify us immediately of any unauthorized use of your Account Information or any other breach of security. Original Depler® shall not, in any manner, be responsible or liable for fraudulent purchases that are made using your compromised Account Information.
13. Returns and Exchanges Return Policy: Please contact us prior to shipping any merchandise back to Original Depler®: 513-891-0020 or firstname.lastname@example.org
Any returned merchandise must be in the condition in which you received them: new & unused.
All returns must be made within 30 days from the day the merchandise was shipped.
Refunds will be issued in the form in which the original purchase was made and only to the credit card used for the original purchase. Original shipping charges will not be refunded. You are responsible for any return shipping charges and/or insurance for the merchandise you are returning
If we have incorrectly sent you an item, we will arrange return shipment or reimburse you for the shipping charges to return it to us, and you will not be charged shipping for the replacement.
If the merchandise being returned is defective, it will be inspected,
evaluated and repaired, replaced or refunded in a timely manner.
14. Shipping Oversized Packages
If for some reason your package is really, really big, we may email you a quote for shipping that differs from the numbers proved at time of your website order. We won't ship your order until we get your approval.
15. Purchase and Product Pricing
Sometimes, but not often, we make a mistake concerning the price or availability of a product. After all, nobody is perfect. In the event a product is listed at an incorrect price or with incorrect information due to typographical error, an error in pricing, the item becoming out-of-stock, a photo being slightly off, or product information or otherwise, Original Depler® shall have the right to refuse or cancel any orders placed for that product(s) listed at the incorrect price. Sorry. Original Depler® shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and the User's credit card charged. Sorry again. If the User's credit card has already been charged for the purchase and his/her order is canceled, Original Depler® shall issue a credit to the User's credit card account in the amount of the charge.
16. No Endorsement of Content and Links to Other Web Sites
Links, if any, to other sites are provided as merely a convenience to the Users of this Site. Original Depler® has not reviewed all of these other sites, has no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from any such content. Original Depler® does not endorse or make any representations about these sites, or any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other sites linked to this Site, you do so entirely at your own risk.
17. International Users
Original Depler® makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal in certain countries or for certain persons. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Please see more important information about International Ordering.
The United States Postal Service does not have the ability to track international packages (including shipments to Canada). Even though you may not have chosen USPS we sometimes ship USPS to save money on shipping and keep your shipping costs down. If you are concerned about this please call us at 1-513-891-0020 before you place your order so that we can solve any potential issues. Just to reiterate, under the circumstances described the tracking is out of our hands so don't get mad at us if we cannot give you the exact location of your package.
18. User Feedback
19. Acceptable and Lawful Use of the Site
Since we love you, we expect that you will love us back too. It's nice to be loved. Therefore, any information provided to Original Depler® in connection with use of the Site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, or other mean computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; and (f) shall not create liability for Original Depler® or cause us to lose the services of our Internet service providers or other suppliers. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site, including but not limited to unsolicited e-mail (i.e. "Spam"). Spam is not nice.
20. Miscellaneous Stuff: Severability; No Waiver; Assignment;
Third Party Beneficiary Rights; Entire Agreement; Shipping Via US Mail;
Gift Card Terms & Conditions; Coupons and other promotional
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforcability shall not affect any other provision contained in this Agreement. Any delay or failure by Original Depler®, at any time or times, to require performance of any provision hereof shall in no manner affect Original Depler®’s right at a later time to enforce such provision. No delay or failure by Original Depler® in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. You may not assign your rights or delegate your responsibilities hereunder without the express written permission of Original Depler®. Original Depler® may, at any time, assign its rights or delegate its obligations hereunder without notice to you. No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement. This Agreement and any documents expressly incorporated by reference constitute the entire agreement between Original Depler® and you pertaining to the subject matter hereof.
In order to protect our customers Original Depler® reserves the right to ship packages signature required. Please call us at 513-891-0020 if this creates a problem for you. Love you.
If a US Mail package is lost in transit, the customer is responsible. If you want Original Depler® to take responsibility, please use an address to which FedEx or UPS can deliver.
21. Updates and Modifications
In its sole discretion, Original Depler® may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting the amended Agreement on the Site. Any amended or modified terms will be effective upon posting. Continued use of the Site constitutes acceptance of any modified terms and conditions. Original Depler® reserves the right to delete, modify or supplement the Content of this Site at any time for any reason without notification to anyone. If you have any questions about this Agreement, please contact us at 513-891-0020.
Original Depler® may immediately issue a warning, suspend or terminate your access to the Site or for breach of this Agreement (or any other agreement or policy incorporated by reference herein), or if we are unable to verify or authenticate any information you provide to us, or for any other reason in our discretion. You may terminate your account by email: Amanda@originaldepler.com or at 513-891-0020.
23. You are at least eighteen (18) years of age.
This Agreement is entered into in the State of Ohio. It, and any dispute arising under or in connection with it, shall be interpreted under the laws of the State of Ohio (not including conflicts of law’s provisions), and, regardless of where you live, you agree to submit to the exclusive jurisdiction of the state and federal courts of the State of Ohio. No joint venture, partnership, agency, or employment relationship exists between Original Depler® and you by virtue of your use of our website, www.originaldepler.com.