We maintain this
web site as a service to our customers. By using our
site, you are agreeing to comply with and be bound by
the following terms of use. Please review the following
terms carefully. If you do not agree to these terms,
you should not review information or obtain goods or
products from this site.
1. Acceptance of
Agreement
You agree to the terms
and conditions outlined in this Terms of Use Agreement
(“Agreement”) with respect to our site (the
“Site”). This Agreement constitutes the entire
and only agreement between us and you, and supersedes
all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site,
the content, products or services provided by or through
the Site, and the subject matter of this Agreement. This
Agreement may be amended at any time by us from time to
time without specific notice to you. The latest Agreement
will be posted on the Site, and you should review this
Agreement prior to using the Site.
2. Copyright
The content, organization,
graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the
Site are protected under applicable copyrights, trademarks
and other proprietary (including but not limited to
intellectual property) rights. The copying, redistribution,
use or publication by you of any such matters or any
part of the Site, except as allowed by Section 4, is
strictly prohibited. You do not acquire ownership rights
to any content, document or other materials viewed through
the Site. The posting of information or materials on
the Site does not constitute a waiver of any right in
such information and materials.
3. Trademarks
Darrell’s Dirt
LLC, DarrellsDirt.com and others are either trademarks
or registered trademarks of Darrell’s Dirt LLC.
Other product and company names mentioned on the Site
may be trademarks of their respective owners.
4. Limited Right
to Use
The viewing, printing
or downloading of any content, graphic, form or document
from the Site grants you only a limited, nonexclusive
license for use solely by you for your own personal
use and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works or
other use. No part of any content, form or document
may be reproduced in any form or incorporated into any
information retrieval system, electronic or mechanical,
other than for your personal use (but not for resale
or redistribution).
5. Editing, Deleting
and Modification
We reserve the right
in our sole discretion to edit or delete any documents,
information or other content appearing on the Site.
6. Indemnification
You agree to indemnify,
defend and hold us and our partners, attorneys, staff
and affiliates (collectively, “Affiliated Parties”)
harmless from any liability, loss, claim and expense,
including reasonable attorney’s fees, related to
your violation of this Agreement or use of the Site.
7. Nontransferable
Your right to use the
Site is not transferable. Any password or right given
to you to obtain information or documents is not transferable.
8. Disclaimer and
Limits
THE INFORMATION FROM
OR THROUGH THE SITE ARE PROVIDED “AS-IS,”
“AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS
OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED
TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION
AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY
WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE.
IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND
OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION,
OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH
OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT
SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL
CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY
STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY
FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE
ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED.
WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT
FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM
LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL
TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES
OR INFORMATION.
9. Use of Information
We reserve the right,
and you authorize us, to the use and assignment of all
information regarding Site uses by you and all information
provided by you in any manner consistent with our Privacy
Policy.
10. Third-Party
Services
We allow access to
or advertise third-party merchant sites (“Merchants”)
from which you may purchase certain goods or services.
You understand that we do not operate or control the
products or services offered by Merchants. Merchants
are responsible for all aspects of order processing,
fulfillment, billing and customer service. We are not
a party to the transactions entered into between you
and Merchants. You agree that use of such Merchants
is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY
KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING
WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY
OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE
FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN
YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON
MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
11. Third-Party
Merchant Policies
All rules, policies
(including privacy policies) and operating procedures
of Merchants will apply to you while on such sites. We
are not responsible for information provided by you to
Merchants. We and the Merchants are independent contractors
and neither party has authority to make any representations
or commitments on behalf of the other.
12. Privacy Policy
Our Privacy Policy,
as it may change from time to time, is a part of this
Agreement.
13. Payments
You represent and warrant
that if you are purchasing something from us or from Merchants
that (i) any credit information you supply is true and
complete, (ii) charges incurred by you will be honored
by your credit card company, and (iii) you will pay the
charges incurred by you at the posted prices, including
any applicable taxes.
14. Securities Laws
This Site may include
statements concerning our operations, prospects, strategies,
financial condition, future economic performance and
demand for our products or services, as well as our
intentions, plans and objectives, that are forward-looking
statements. These statements are based upon a number
of assumptions and estimates which are subject to significant
uncertainties, many of which are beyond our control.
When used on our Site, words like “anticipates,”
“expects,” “believes,” “estimates,”
“seeks,” “plans,” “intends”
and similar expressions are intended to identify forward-looking
statements designed to fall within securities law safe
harbors for forward-looking statements. The Site and
the information contained herein does not constitute
an offer or a solicitation of an offer for sale of any
securities. None of the information contained herein
is intended to be, and shall not be deemed to be, incorporated
into any of our securities-related filings or documents.
15. Links to other
Web Sites
The Site contains links
to other Web sites. We are not responsible for the content,
accuracy or opinions express in such Web sites, and such
Web sites are not investigated, monitored or checked for
accuracy or completeness by us. Inclusion of any linked
Web site on our Site does not imply approval or endorsement
of the linked Web site by us. If you decide to leave our
Site and access these third-party sites, you do so at
your own risk.
16. Copyrights and
Copyright Agents
We respect the intellectual
property of others, and we ask you to do the same. If
you believe that your work has been copied in a way
that constitutes copyright infringement, please provide
our Copyright Agent the following information:
(a) An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright
interest;
(b) A description of the copyrighted work that you claim
has been infringed;
(c) A description of where the material that you claim
is infringing is located on the Site;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright
owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury,
that the above information in your Notice is accurate
and that you are the copyright owner or authorized to
act on the copyright owner’s behalf.
We can be reached as follows:
By mail:
Darrell’s Dirt LLC
P.O. Box 501572
Atlanta, Georgia 30350
If a product (“product” does not include subscriptions, advertisements, or products purchased from a third party facilitated through Darrell’s Dirt LLC) purchased by you proves to be defective or not to your reasonable satisfaction, you can return the product within 21 days of receipt, to the following address: Darrell’s Dirt LLC, P.O. Box 501572, Atlanta, Georgia 30350. In such event, we will provide you a credit for other purchases on the Site (less shipping and handling charges incurred). Refunds for paid subscriptions shall be handled on a case-by-case basis.
Refunds will not be given for any portion of a subscription (prorated amounts). If any refunds are rewarded they will be given only for periods not yet entered or used and only if the subscription service is cancelled before the Subscribers billing date. Subscribers are responsible for any charges Darrell’s Dirt LLC incurs due to a chargeback issued by the Subscriber and/or Subscribers Credit Card Company, or Darrell’s Dirt LLC Merchant Service Company. This Section 17 sets forth your sole and exclusive right to refund and return.
18. Information
and Press Releases
The Site contains information
and press releases about us. While this information was
believed to be accurate as of the date prepared, we disclaim
any duty or obligation to update this information or any
press releases. Information about companies other than
ours contained in the press release or otherwise, should
not be relied upon as being provided or endorsed by us.
19. Miscellaneous
This Agreement shall
be treated as though it were executed and performed
in Fulton County, Atlanta, and shall be governed by
and construed in accordance with the laws of the State
of Georgia (without regard to conflict of law principles).
Any cause of action by you with respect to the Site
(and/or any information, products or services related
thereto) must be instituted within one (1) year after
the cause of action arose or be forever waived and barred.
All actions shall be subject to the limitations set
forth in Section 8 and Section 10. The language in this
Agreement shall be interpreted as to its fair meaning
and not strictly for or against either party.
All legal proceedings arising out of or in connection
with this Agreement shall be brought solely in Atlanta,
Georgia. You expressly submit to the exclusive jurisdiction
of said courts and consents to extra-territorial service
of process. Should any part of this Agreement be held
invalid or unenforceable, that portion shall be construed
consistent with applicable law and the remaining portions
shall remain in full force and effect. To the extent
that anything in or associated with the Site is in conflict
or inconsistent with this Agreement, this Agreement
shall take precedence. Our failure to enforce any provision
of this Agreement shall not be deemed a waiver of such
provision nor of the right to enforce such provision.
