Dansons US, LLC, its parent and affiliates (“Dansons”) provide this website, its features, and
services (collectively the “Service”) subject to the following conditions (“Terms”) which
constitute a legally binding agreement between you, whether personally or on behalf of an entity
(“you”), and Dansons. The Terms apply to you and all visitors and others who access the Service
(“Users”). By clicking the “I Agree” button or accessing or using any part of the website or
Service, you signify that you have read, understood and accept the Terms and any policies,
notices or other provisions incorporated by reference. Dansons reserves the right to amend the
Terms at any time without notice and such changes are effective immediately upon posting. Please
review the Terms frequently for changes because your continued use of the Service constitutes
acceptance of any new Terms. If you do not agree to the Terms or any subsequent modification, do
not access or use the Service.
Please note the Terms are written in English and to the extent any translated version of the
Terms conflicts with the English version, the English version controls.
Use of Services
Dansons offers a collection of online resources including news, downloads, videos, various
e-mail services, and a place to connect with a community of interest. Use of the Service is
permitted solely to Users who are eighteen (18) years or older. Users under 18 may only use the
Service with the involvement of a parent or guardian.
The Service is controlled and operated from its facilities in the United States. Dansons makes
no representations that the Service is appropriate or available for use in other locations.
Those who access or use the Service from other jurisdictions do so at their own volition and are
entirely responsible for compliance with all applicable United States and local laws and
regulations, including but not limited to export and import regulations. You may not use the
Service if you are a resident of a country embargoed by the United States, or are a foreign
person or entity blocked or denied by the United States government. Unless otherwise explicitly
stated, all materials found on the Service are solely directed to individuals, companies, or
other entities located in the U.S.
Some features of the Service require registering an “Account.” Your Account gives you access to
the services and functionality that we may establish and maintain from time to time at our sole
discretion. You may never use another User’s Account 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 Dansons immediately of any breach of security or unauthorized use of your Account.
Dansons will not be liable for any losses caused by any unauthorized use of your Account.
By providing Dansons your e-mail address you consent to our using the e-mail address to send you
Service-related notices, including any notices required by law, in lieu of communication by
postal mail. We may also use your e-mail address to send you other messages including changes to
features of the Service and special offers if you agree to receive promotional emails. If you do
not want to receive such email messages, you may opt out. Opting out may prevent you from
receiving e-mail messages regarding updates, improvements or offers. Additionally, by submitting
your email address in connection with a product rating and review, you agree that Dansons and
its third party service providers may use your email address to contact you about the status of
your review.
Subject to the Terms, Dansons grants you a limited, revocable, nonexclusive personal right to
access the Service. Dansons grants you a limited, revocable, and nonexclusive right to create a
hyperlink to the Service so long as the link does not portray Dansons its products or services
in a false, misleading, derogatory or otherwise offensive manner. Dansons reserves all rights
not expressly granted herein. Dansons may terminate this license at any time for any reason or
no reason.
Dansons may permanently or temporarily terminate, suspend, or otherwise refuse to permit your
access to the Service without notice and liability for any reason, including if in Dansons' sole
determination you violate any provision of the Terms, or for no reason. Upon termination for any
reason or no reason, you continue to be bound by the Terms.
All aspects of the Service are subject to change or elimination at Dansons' sole discretion.
Dansons reserves the right to interrupt the Service with or without prior notice for any reason
or no reason. You agree that Dansons will not be liable to you for any interruption of the
Service, delay or failure to perform.
You are solely responsible for your interactions with all other Users who access the Service. We
reserve the right, but have no obligation, to monitor disputes between you and other Users.
Dansons shall have no liability for your interactions with other Users, or for any User's action
or inaction.
User Content and Conduct
Some areas of the Service may allow Users to post comments, questions, answers, feedback,
images, videos, product ratings and reviews, and other information ("User Content"). You are
solely responsible for User Content that you upload, publish, display, e-mail, link to or
otherwise make available ("post") on the Service.
You grant Dansons, for any User Content, a perpetual, irrevocable, royalty-free, transferable
right and license to use, copy, modify, delete in its entirety, adapt, publish, translate,
create derivative works from and/or sell and/or distribute such content and/or incorporate such
content into any form, medium or technology throughout the world without compensation to you.
All User Content that you submit may be used at Dansons' sole discretion. Dansons reserves the
right to change, condense or delete any User Content on Dansons' website that Dansons deems, in
its sole discretion, to violate the content guidelines or any other provision of these Terms.
Dansons does not guarantee that you will have any recourse through Dansons to edit or delete any
User Content you have submitted. Ratings and written comments are generally posted within two
(2) to four (4) business days. However, Dansons reserves the right to remove or to refuse to
post any submission for any reason. You acknowledge that you, not Dansons, are responsible for
the User Content you submit. None of the rating and review content that you submit shall be
subject to any obligation of confidence on the part of Company, its agents, subsidiaries,
affiliates, partners or third party service providers and their respective directors, officers
and employees.
By submitting any User Content to Dansons you represent and warrant that:
You are the sole author and owner of the intellectual property rights thereto; All “moral
rights” that you may have in such content have been voluntarily waived by you; All User Content
that you post is accurate; You are at least eighteen (18) years old; Use of the User Content you
supply does not violate these Terms and will not cause injury to any person or entity.
You further agree and warrant not to engage in any of the following prohibited activities:
Posting User Content that is known to you to be false, inaccurate or misleading or that may
create a risk of harm, loss, physical or mental injury, emotional distress, death, disability,
disfigurement, or physical or mental illness to you, to any other person; Posting User Content
that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary
rights or rights of publicity or privacy or contains any information or content that you do not
have a right to make available under any law or under contractual or fiduciary relationships;
Posting User Content that may constitute or contribute to a crime or tort or that violates any
law, statute, ordinance or regulation including, but not limited to, those governing export
control, consumer protection, unfair competition, anti-discrimination or false advertising;
Posting User Content that we deem to be unlawful, harmful, abusive, racially or ethnically
offensive, defamatory, infringing, religiously biased or offensive, invasive of personal privacy
or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous,
threatening, profane, or otherwise objectionable; Posting User Content that may create a risk of
any other loss or damage to any person or property; Posting User Content that seeks to harm or
exploit children in anyway; Posting User Content that is obscene or pornographic in nature;
Posting User Content for which you were compensated or granted any consideration by any third
party; Posting User Content that includes information that references other websites, addresses,
email addresses, contact information or phone numbers; Posting User Content that impersonates
any person or entity or falsely states or otherwise misrepresents your affiliation with a person
or entity; Posting User Content that includes personal or identifying information about another
person without the permission of the other person(s); Posting User Content that constitutes or
contains affiliate marketing, link referral code, junk mail, spam, chain letters or unsolicited
commercial advertisement. Copying, distributing, or disclosing any part of the Service in any
medium (other than page caching) without express written permission; Using a third-party agent,
service, or intermediary that offers to post to the Service on behalf of others; Transmitting
spam, chain letters, or other unsolicited email; Attempting to interfere with, compromise the
system integrity or security or decipher any transmissions to or from the servers running the
Service; Taking any action that imposes, or may impose at our sole discretion an unreasonable or
disproportionately large load on our infrastructure; Uploading invalid data, viruses, worms, or
other potentially damaging computer software or files through the Service; Collecting or
harvesting any personally identifiable information, including account names, from the Service;
Using the Service for any commercial solicitation purposes in areas which are not designated for
such purposes; Impersonating another person or otherwise misrepresenting your affiliation with a
person or entity, conducting fraud, hiding or attempting to hide your identity; Interfering with
the proper working of the Service; or, Bypassing the measures we may use to prevent or restrict
access to the Service.
You understand and acknowledge that you may be exposed to User Content that is inaccurate,
offensive, indecent, misleading, or objectionable, and you agree that Dansons shall not be
liable for any damages you allege to incur as a result of such User Content. You agree that you
must evaluate and bear all risks associated with the use of any User Content, that you may not
rely on said User Content, and that under no circumstances will Dansons be liable in any way for
any User Content or for any loss or damage of any kind incurred as a result of the use of any
User Content posted, e-mailed or otherwise made available via the Service. Dansons is not
responsible for any public display or misuse of your User Content. You acknowledge that Dansons
shall have the right but not the obligation in its sole discretion to review, refuse, delete, or
move any User Content that is available via the Service for any reason.
Dansons Content
Except for your User Content, the Service and all materials therein or transferred thereby,
including, without limitation, software, images, text, graphics, illustrations, logos, patents,
trademarks, service marks, copyrights, photographs, audio, videos and music (the "Dansons
Content"), and all intellectual property rights related thereto, are the exclusive property of
Dansons and its licensors. Except as explicitly provided herein, nothing in the Terms shall be
deemed to create a license in or under any such intellectual property rights, and you agree not
to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display,
publicly perform, publish, adapt, edit or create derivative works from any materials or content
accessible on the Service, except those materials expressly made available to you on Dansons'
website for your unlicensed use. Use of the Dansons Content or materials on the Service for any
purpose not expressly permitted is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including
without limitation about how to improve the Service or our products ("Ideas"). By submitting any
Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will
not place Dansons under any fiduciary or other obligation, and that we are free to use the Idea
without any additional compensation or attribution to you, and/or to disclose the Idea on a
non-confidential basis or otherwise to anyone. You agree not to submit an Idea that infringes
any patent, trademark, trade secret, copyright or other proprietary rights of any party, or
contains any information or content that you do not have a right to make available under any law
or under contractual or fiduciary relationships. You further acknowledge that, by acceptance of
your submission, Dansons does not waive any rights to use similar or related ideas previously
known to Dansons, or developed by its employees, or obtained from sources other than you.
Products from Dansons
Dansons attempts to be as accurate as possible in product descriptions. However, Dansons does
not warrant that product descriptions or other content of the Service is accurate, complete,
reliable, current or error-free. If a product offered by Dansons is not as described, your sole
remedy is to return it in unused condition. Please review our Return Policy for more
information.
Please note that Dansons cannot confirm the price of an item until you order. Dansons does not
charge your credit card until after the order has entered the shipping process. If an item’s
correct price is higher than our stated price, we will, at our discretion, either contact you
for instructions before shipping or cancel your order and notify you of such cancellation.
The risk of loss for purchased items passes to you upon delivery to the carrier.
Privacy and Security
Please review our Privacy Notice, which also governs your use of our Services. Your use of the
Service constitutes acceptance of the Privacy Notice and you further acknowledge and agree that
Dansons may in its sole discretion preserve or disclose your User Content as well as your
personal information if required to do so by law or in the good faith belief that such action is
reasonably necessary to: enforce the Terms, comply with the legal process, respond to claims,
and/or protect the rights, property, or personal safety of Dansons, its Users, or the general
public.
Notice of Claims of Copyright Infringement
If you believe that your copyrighted work has been copied in a way that constitutes copyright
infringement and is accessible via the Service, please notify Dansons' Copyright Agent. As set
forth in the Digital Millennium Copyright Act ("DMCA"), you must provide the following
information in writing: (i) identification of the material that is claimed to be infringing and
where it is located on the Service; (ii) identification of the copyrighted work that you claim
has been infringed; (iii) a statement that you have a good faith belief that use of the material
in the manner complained of is not authorized by the copyright owner, its agent, or law; (iv) a
statement declaring under penalty of perjury that that the above information in your notice is
accurate and that you are the copyright owner or are authorized to act on behalf of the owner;
(v) information reasonably sufficient to permit Dansons to contact you, such as your address,
telephone number, and, e-mail address; and (vi) your physical or electronic signature. The
information must be submitted to the Dansons' DMCA Agent:
Copyright Agent
Dansons US, LLC
8877 North Gainey Center Dr
Scottsdale, AZ 85258
Third-Party Websites and Services
The Service may contain links to co-branded and/or third-party websites and services that are
independent from Dansons and the Service. Dansons has no control over and assumes no
responsibility for the content, privacy policies, or practices of any third-party/co-branded
websites or services nor makes any representation or warranty as to the accuracy, completeness
or authenticity of the information contained in any such site. If you access a
third-party/co-branded website from the Service, you do so at your own risk, and you understand
that the Terms and the Privacy Notice do not apply to your use of such sites. You expressly
relieve Dansons from any and all liability arising from your use of any third-party/co-branded
website or services or third-party/co-branded owned content. Dansons encourages you to be aware
of when you leave the Service, and to read the terms and conditions and privacy policy of any
third-party website or service that you visit.
Additionally, your dealings with or participation with organizations and/or individuals found on
or through the Service, including payment and delivery of goods or services, and any other
terms, conditions, warranties or representations associated with such dealings are solely
between you and such organizations and/or individuals. You agree that Dansons shall not be
responsible for any loss or damage of any sort relating to any such dealings. If there is a
dispute between Users, or between Users and any third-party, you understand and agree that
Dansons is under no obligation to become involved. In the event that you have a dispute with one
or more other Users, you hereby release Dansons, its officers, employees, agents and successors
in rights from claims, demands and damages (actual and consequential) of every kind or nature,
known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any
way related to such disputes and/or the Service. If you are a California resident, you waive
California Civil Code Section 1542, which says: "A general release does not extend to claims
which the creditor does not know or suspect to exist in his favor at the time of executing the
release, which, if known by him must have materially affected his settlement with the debtor."
No Drop Shipping
Drop shipping is not permitting. We will refuse your order if we suspect you are using our
services for drop shipping. Drop shipping refers to you purchasing products from us in order to
fulfill a commitment for an order you have taken from a third party. Drop shipping harms
consumers by, among other things, increasing the cost of goods, obscuring the actual seller of
record of the products, and confusing the consumer as to who is responsible for accepting and
processing customer returns. If you have interest in selling our products to consumers, you may
contact us about a reseller (wholesale, distributor) relationship by submitting the Reseller
Application Form. Our Reseller Policy.
Indemnity
You agree to defend, indemnify and hold harmless Dansons, its parent and affiliates, agents,
managers, and their employees, contractors, agents, officers and directors, from and against any
and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney's fees) arising from: (i) your use of and access to the
Service, including any data or content transmitted or received by you; (ii) your violation of
the Terms, including without limitation your breach of any of the representations and warranties
above; (iii) your violation of any third-party right, including without limitation any right of
privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule
or regulation of the United States or any other country; (v) any claims or damages that arise as
a result of any of your User Content or any that is submitted via your account; or (vi) any
other party's access and use of the Service with your unique username, password or other
appropriate security code.
No Warranty
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR
OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND SATISFACTORY QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, DANSONS,
ITS PARENT, SUBSIDIARIES, AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR THE SECURITY,
TIMELINESS, ACCURACY, RELIABILITY, AND PERFORMANCE OF THE SERVICE AND CONTENT; THAT THE SERVICE
WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR
LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE
SERVICE OR ANY CONTENT ACCESSIBLE FROM THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
DANSONS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR
SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DANSONS WILL NOT BE A PARTY TO OR
IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DANSONS, ITS PARENT AND
AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE
OF, OR INABILITY TO USE, THIS SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION
WITH THE SERVICE OR ANY LINKS ON THE SERVICE AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE
RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR THROUGH ANY LINKS. UNDER NO
CIRCUMSTANCES WILL DANSONS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING,
TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION
CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DANSONS ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE;
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH
OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR
DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL DANSONS, ITS AFFILIATES, DIRECTORS,
EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS,
DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO DANSONS HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DANSONS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
General
Governing Law. You agree that: (i) the Service shall be deemed solely based in the State of
Georgia, USA; and (ii) the Service shall be deemed a passive one that does not give rise to
personal jurisdiction over Dansons, either specific or general, in jurisdictions other than the
State of Georgia, USA. The Terms shall be governed by the internal substantive laws of the State
of Georgia, USA, without respect to its conflict of laws principles. Any claim or dispute
between you and Dansons that arises in whole or in part from the Service shall be decided
exclusively by a court of competent jurisdiction located in Columbus, Georgia.
Notification Procedures. Dansons may provide notifications, whether such notifications are
required by law or are for marketing or other business related purposes, to you via email
notice, written or hard copy notice, or through conspicuous posting of such notice on our
website, as determined by Dansons in our sole discretion. Dansons reserves the right to
determine the form and means of providing notifications to our Users, provided that you may opt
out of certain means of notification as described in the Terms and in the Privacy Notice.
Entire Agreement/Severability. The Terms, together with any other legal notices and agreements
published by Dansons via the Service, shall constitute the entire agreement between you and
Dansons concerning the Service. If any provision of the Terms is deemed invalid by a court of
competent jurisdiction, the invalidity of such provision shall not affect the validity of the
remaining provisions of the Terms, which shall remain in full force and effect. To the extent of
any conflict between Dansons' Privacy Notice and these Terms, these Terms shall control.
No Waiver. No waiver of any term of the Terms shall be deemed a further or continuing waiver of
such term or any other term, and Dansons' failure to assert any right or provision under the
Terms shall not constitute a waiver of such right or provision.