By visiting or using this site, you agree to comply with and be bound by the following terms and conditions of use ("Terms and Conditions"). The Terms and Conditions is a legally binding agreement between you and Dundak, LLC ("Dundak") in connection with your use of the Dundak website located at www.dundak.com ("Dundak.com"). You acknowledge that you have read and agree with the Terms and Conditions. If you do not agree to the Terms and Conditions, do not access or otherwise use Dundak.com.
The Terms and Conditions may be modified at any time by Dundak at its sole discretion upon posting of the modified terms. Any such modifications shall be effective immediately. It is your responsibility to check these Terms and Conditions periodically for changes. Each use by you shall constitute and be deemed your unconditional acceptance of the Terms and Conditions.
III. CONTENT OWNERSHIP
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on Dundak.com is owned, controlled or licensed by or to Dundak, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
DUNDAK, DUNDAK.COM and the DUNDAK logo and DUNDAK.COM design are trademarks or registered trademarks and/or trade dress of Dundak in the U.S. and/or other countries and may not be used in connection with any non-Dundak product or service in any manner likely to cause confusion among customers or in any manner that implies sponsorship or endorsement by Dundak or disparages or discredits Dundak. Other product and company names mentioned on Dundak.com may be trademarks of their respective owners.
Any copying, redistribution, use or publication by you of any such Content or any part of the Site for other than personal, noncommercial use is expressly prohibited without the prior written permission from Dundak or the owner of the respective intellectual property. Under no circumstances will you acquire any ownership rights or other interest in any Content by or through your use of this site. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on Dundak.com.
Dundak may change, suspend or discontinue any aspect of Dundak.com at any time, including the availability of any Dundak.com feature, database or Content. Dundak may also impose limits on certain features and services or restrict your access to parts or all of Dundak.com without notice or liability.
IV. SITE AND ACCESS
You agree to comply with all applicable laws regarding your use of Dundak.com. You further agreed that information provided by you is truthful and accurate to the best of your knowledge. It is your responsibility to maintain the confidential nature of your user account and password. You agree to accept all responsibility for any activities that take place within your account. Users under the age of 18 may use Dundak.com only with the involvement of a parent or legal guardian.
Dundak grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law, including any downloading or copying of account information for the benefit of another merchant or any use of data mining, deep-links, spiders, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Dundak without express written consent. Any use of meta tags or other "hidden text" utilizing Dundak's name or trademarks without our express written consent is prohibited. Dundak may terminate the license or permission granted herein in connection with any unauthorized use. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of Dundak.com or any transaction being conducted on the website, or with any other person's use of thereof. The use of this website is at the sole discretion of Dundak and Dundak may terminate your use of this website at any time, with or without notice, for any reason.
V. COMMENTS, REVIEWS, COMMUNICATIONS AND/OR OTHER UPLOADS
You represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through Dundak.com any materials which (i) restrict or inhibit any other user from using and enjoying Dundak.com, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact.
By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to Dundak.com, you hereby grant to Dundak a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against Dundak for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You represent and warrant that you own or otherwise control all of the rights to the Communications that you post; that the Communications are accurate; and that use of the Communications you supply does not violate these Terms and Conditions and will not cause injury to any person or entity. Dundak has the right but not the obligation to monitor and edit or remove any activity or Communications. Dundak takes no responsibility and assumes no liability for any Communications posted by you or any third party.
Unless consented otherwise, by visiting the website or emailing us you consent to receive communications from us electronically. We may communicate with you via e-mail or by posting notices on the website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You agree to indemnify, defend and hold Dundak, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of Dundak.com, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Dundak 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 Dundak.
VII. LINKS TO OTHER SITES
Dundak.com contains links and pointers to the other websites, resources and/or sponsors of Dundak.com. Links to and from Dundak.com to other third party sites, maintained by third parties, do not constitute an endorsement by Dundak or any of its subsidiaries or affiliates of any third party resources, or their contents. Dundak does not control linked sites of third parties and is not responsible for and does not endorse the content of such sites. Dundak does not assume any responsibility or liability for the actions, content and products of any third party sites.
VIII. PRICE / PURCHASES
Dundak may change any products or services offered on Dundak.com, or the applicable prices for any such products or services, at any time, without notice. The materials on Dundak.com with respect to products and services may be out of date, and Dundak makes no commitment to update the materials on the site with respect to such products and services. For certain products, you may have the opportunity to sample a portion of the offering prior to purchase. Whether any products offer a sample option or not prior to purchase, any and all purchases are final and non-refundable.
IX. LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES WILL DUNDAK BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
Dundak does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through Dundak.com. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Dundak reserves the right, in its sole discretion, to correct any errors or omissions in any portion of Dundak.com.
Dundak does not and cannot review all materials posted to the Dundak.com by users, and Dundak is not responsible for any such materials posted by users. However, Dundak reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Dundak's sole discretion are objectionable or in violation of these Terms and Conditions.
DUNDAK.COM, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH DUNDAK.COM, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DUNDAK AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON DUNDAK.COM OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH DUNDAK.COM, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH DUNDAK.COM OR ANY LINKED SITE. FURTHER, DUNDAK AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DUNDAK DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE DUNDAK.COM OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE DUNDAK.COM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DUNDAK AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF DUNDAK.COM, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
You acknowledge that transmission to and from Dundak.com are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Dundak, no confidential, fiduciary, contractually implied or other relationship is created between you and Dundak other than pursuant to these Terms and Conditions.
XI. APPLICABLE LAW
THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN LOS ANGELES COUNTY IN THE STATE OF CALIFORNIA.
Any cause of action you may have with respect to your use of Dundak.com must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Terms and Conditions, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.
No recovery may be sought or received for damages other than out-of-pocket expenses. The parties shall attempt to resolve any disputes promptly and in good faith within a reasonable time (not to exceed thirty (30) days). If we are unable to resolve the dispute, either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
XII. COPYRIGHT AND COPYRIGHT AGENT
Dundak respects the right to protect one's intellectual property from unauthorized use. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
(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 e-mail 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.
Please address any Notice of claims of copyright infringement on the Site to the Dundak Copyright Agent, which may be reached as follows:
Dundak Legal Department
e-mail: copyright [at] dundak [dot] com
XIV. VOID WHERE PROHIBITED
Although Dundak.com is accessible worldwide, not all features, products or services referenced or provided through or on the website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any product or service made on the Site is void where prohibited. If you choose to access Dundak.com from outside the United States, you do so at your own initiative and are solely responsible for complying with applicable local laws.
These Terms and Conditions constitutes the entire agreement between Dundak and you with respect to your use of Dundak.com. Dundak disclaims any and all responsibility for content contained in any third party materials provided users of Dundak.com or through links from Dundak.com. Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of Dundak.com, including contests, promotions or other similar features, all of which terms are made a part of these Terms and Conditions by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. Dundak reserves the right to (1) modify or change Dundak.com, or any portion of thereof, and any applicable policies or terms; and (2) interrupt the operation of the Dundak.com, or any portion of thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes, at any time, without notice.