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Terms and Conditions
PLEASE
READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS
WEBSITE. All users of this site agree that access to and use of this site are
subject to the following terms and conditions and other applicable law. If you
do not agree to these terms and conditions, please do not use this site.
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 Dillard Government Sales. The
collective work includes works that are licensed to Dillard Government Sales.
Copyright 2003, Dillard Government Sales 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 Dillard Government Sales or
purchasing Dillard Government Sales 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 Dillard
Government Sales or to purchase Dillard Government Sales 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 Dillard Government Sales. 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 Dillard Government Sales used
in the site are trademarks or registered trademarks of Dillard Government Sales
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, Dillard Government Sales
disclaims all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular purpose and
non-infringement. Dillard Government Sales 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. Dillard
Government Sales 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
Dillard Government Sales shall not be liable for any special or consequential
damages that result from the use of, or the inability to use, the materials on
this site or the performance of the products, even if Dillard Government Sales
has been advised of the possibility of such damages. Applicable law may not
allow the limitation of exclusion of liability or incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Dillard Government Sales product is mistakenly listed at an
incorrect price, Dillard Government Sales reserves the right to refuse or
cancel any orders placed for product listed at the incorrect price. Dillard
Government Sales 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, Dillard Government Sales 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 Dillard Government Sales
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
Dillard Government Sales 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 Dillard Government Sales.
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 Dillard Government Sales 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 Dillard Government Sales products) must be
commenced within one (1) year after the claim or cause of action arises. Dillard
Government Sales'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. Dillard
Government Sales may assign its rights and duties under this Agreement to any
party at any time without notice to you.
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 Dillard Government Sales 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.
Participation Disclaimer
Dillard Government Sales 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, Dillard Government Sales 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, Dillard Government Sales 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 Dillard Government Sales in its sole
discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Dillard Government Sales, 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, Dillard Government
Sales may link to sites operated by third parties. However, even if the third
party is affiliated with Dillard Government Sales, Dillard Government Sales has
no control over these linked sites, all of which have separate privacy and data
collection practices, independent of Dillard Government Sales. These linked
sites are only for your convenience and therefore you access them at your own
risk. Nonetheless, Dillard Government Sales 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).
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