Terms: Effective 9/1/2010
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE
USE OF WEBSITE AND MATERIALS; RESTRICTIONS
Depending on your activities when visiting this Website, you may be required to agree to additional terms and conditions as indicated on this Website.
You have a non-exclusive, nontransferable, limited, and revocable right to use this Website solely for your own personal purposes. This Website and all materials on this Website, including images, illustrations, articles, titles, produc/servicet names, designs, logos, symbols, and postings (collectively, the “Materials”) are the property of DeWitt Guam and its licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by DeWitt Guam and by copyright law, trademark law, international conventions, and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from this Website, our forums, or any other site owned or operated by DeWitt Guam without the prior written permission of DeWitt Guam. However, you may download or make one copy of the Materials and other downloadable items displayed on this Website, provided that the same are not used for any commercial purpose, distributed to third parties, or offered for sale to third parties, and further provided that all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of DeWitt Guam’s copyrights and other proprietary rights. Use of these Materials on any other website or other networked computer environment is prohibited without prior written permission from DeWitt Guam.
GEOGRAPHIC SCOPE OF WEBSITE
ACCOUNTS, PASSWORDS, AND SECURITY
In order to access or use some features of this Website, you may have to become a registered user. When you are registering for an account, you must give us accurate and complete information. This means that you cannot set up an account using someone else’s name or contact information, and in no event can you set up an account using a phony name or phony contact information. You are completely responsible for your account and everything that happens on your account. This means you need to be careful with your password. If you find out that someone is using your account without your permission, you must let us know immediately. You may not transfer your account to someone else. You will be liable for losses and damages incurred by DeWitt Guam (or anyone else) due to the unauthorized use of your account.
USE OF YOUR SUBMISSION. By posting or otherwise submitting your comment, story, video(s), photograph(s), image(s), or any other type of submission (each a “Submission”), you hereby irrevocably grant to DeWitt Guam all present and future rights, title, and interest of every kind and nature whatsoever, including all copyrights and all rights incidental, subsidiary, ancillary, or allied thereto (including all derivative rights) in and to the Submission, and any ideas, concepts, or elements embodied therein, for use throughout the universe in any manner or venue and for any purpose (including for purposes of advertising, promotion, or trade in promoting and publicizing DeWitt Guam and its products and services) by means of any and all media and devices (whether now known or hereafter devised) in perpetuity. DeWitt Guam shall have the right, in its sole discretion, to edit, duplicate, or alter the Submission in any manner for any purpose that DeWitt Guam deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Submission. You further agree that you shall have no right of approval and no claim to compensation in connection with the Submission. By submitting a Submission, you also grant DeWitt Guam the right, but not the obligation, to use your biographical information including your name and geographical location in connection with online or other use or publication of your Submission.
NO OBLIGATION TO USE OR REVIEW. DeWitt Guam shall have no obligation (expressed or implied) to use (or post) the Submission or to otherwise exploit the Submission or, if commenced, to continue the distribution or exploitation (or posting) thereof, and DeWitt Guam may at any time abandon the use (or posting) of the Submission and/or remove the Submission from this Website for any reason in its sole discretion. DeWitt Guam has the right in its sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any Submissions. You shall not be entitled to any damages or other relief by reason thereof. DeWitt Guam may, but is under no obligation to, monitor or review Submissions and assumes no responsibility or liability arising from the Submissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, illegality, or inaccuracy contained in any information transmitted to any such locations on this Website.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF. You hereby acknowledge and agree that the relationship between you and DeWitt Guam is not a confidential, fiduciary, or other special relationship, and that your decision to provide the Submission to DeWitt Guam does not place DeWitt Guam in a position that is any different from the position held by members of the general public with regard to elements of the Submission. You acknowledge and agree that DeWitt Guam does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission.
- FEEDBACK, SUGGESTIONS, OR IDEAS
If you give feedback, suggestions, or ideas on this Website, such as recommendations for new products/services, improvements, or features, you hereby assign to DeWitt Guam all right, title, and interest in and to such feedback, suggestions, or ideas, and such feedback, suggestions, or ideas may be implemented as part of this Website or otherwise by DeWitt Guam without any compensation or notice to you.
- COMMERCIAL TERMS
When you confirm a purchase transaction on this Website, you agree to be bound by and pay for that transaction. Your total price may include taxes, handling fees, and shipping costs, which you are responsible for paying. Except as otherwise expressly specified, all sales are final.
The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time. For example, products/services included on this Website may be unavailable, may have different attributes than those listed or may actually carry a different price than that stated on this Website. In addition, DeWitt Guam may make changes in information about price and availability without notice. If you order something that becomes unavailable before it can be provided to you, your only remedy is to receive a refund of your purchase price.
While it is DeWitt Guam’s practice to confirm orders by email, the receipt of an email order confirmation does not constitute DeWitt Guam’s acceptance of an order or DeWitt Guam’s confirmation of an offer to sell a product or service. DeWitt Guam reserves the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. DeWitt Guam also may require verification of information prior to the acceptance and/or shipment of any order. You may be presented with additional terms related to a specific purchase before you confirm the transaction (such as shipping terms for tangible goods). Those additional terms will also govern that transaction. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the product or service purchased from this Website.
DeWitt Guam makes commercially reasonable efforts to make product/service descriptions for items listed for sale on this Website as accurate as possible. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or correctness of any information on this Website. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. If a product/service offered by DeWitt Guam is not materially as described, your sole remedy is to follow all applicable local, state, federal, and international laws to reach a resolution.
This Website may allow you to make payments using a number of different payment sources, like credit cards and debit cards. When you provide a payment source to DeWitt Guam, you confirm that you are permitted to use that payment source. You also authorize DeWitt Guam (and DeWitt Guam’s designated payment processor) to collect and store the payment information, along with other related transaction information. When you make a payment, you authorize DeWitt Guam (and DeWitt Guam’s designated payment processor) to charge the full amount to the payment source you designate for the transaction. If you pay by credit or debit card, DeWitt Guam may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. DeWitt Guam will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available. If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.
If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify DeWitt Guam immediately so that DeWitt Guam may take action to attempt to prevent financial loss. To the fullest extent permitted by law, you waive all claims against DeWitt Guam related to payments unless you submit the claim to DeWitt Guam within 30 days after the charge. You are responsible for and agree to reimburse DeWitt Guam for all reversals, charge-backs, claims, fees, fines, penalties, and other liability incurred by DeWitt Guam (including costs and related expenses) caused by or arising out of payments that you authorized or accepted.
Your only remedy for a technical failure or interruption of service is to request that your transaction be completed at a later time.
CONTESTS, SWEEPSTAKES, AND PROMOTIONS
DeWitt Guam and its related names and logos are trademarks and/or trade names owned or licensed by DeWitt Guam and are protected by law. Other trademarks and/or trade names not specifically listed here, but which are associated with DeWitt Guam, are protected by law as well. All trademarks, copyrights, logos, and symbols constitute the intellectual property of DeWitt Guam or its affiliated companies and are protected by federal and state law and may not be copied or imitated in whole or in part. Any unauthorized use of these trademarks and trade names is strictly prohibited. DeWitt Guam will take all necessary legal action available to it at law or in equity in order to enforce its intellectual property rights.
LINKS TO OTHER WEBSITES
DeWitt Guam is not responsible for the content of any sites that may be linked to or from this Website, nor do we make any representations or warranties of any kind regarding any products or services offered by any third parties whose icons, products, services, or hyperlinks appear on this Website. These links are provided for your convenience only and you access them at your own risk. Any other site accessed from this Website is independent from DeWitt Guam, and DeWitt Guam has no control over the content of that other site. In addition, a link to any other site should not be construed as approval or endorsement by DeWitt Guam of that third party or of any product or service provided by a third party.
Your correspondence or business dealings with third parties found on or through this Website, 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 third parties. We will not be involved in resolving any disputes relating to or arising out of any correspondence or business transaction between you and any such third parties.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF DeWitt Guam AND ITS AFFILIATES, ANY RELATED COMPANIES, SUPPLIERS, LICENSORS, AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND AFFILIATES OF EACH OF THEM (COLLECTIVELY, THE “DeWitt Guam ENTITIES”). EACH OF THE PARAGRAPHS IN THIS SECTION BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
THIS WEBSITE, ALL CONTENT, AND ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE DeWitt Guam ENTITIES DO NOT WARRANT NOR MAKE ANY REPRESENTATIONS AS TO THE SUITABILITY OF THIS WEBSITE, THE CONTENT, OR ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH THIS WEBSITE FOR ANY PURPOSE. FOR EXAMPLE, DeWitt Guam DOES NOT WARRANT THAT ANY CONTENT OR SERVICE PROVIDED WILL BE UNINTERRUPTED OR ERROR-FREE. DeWitt Guam DOES NOT GUARANTEE THE AVAILABILITY OF THIS WEBSITE. DeWitt Guam WILL NOT BE RESPONSIBLE FOR ANY ERRORS OR DELAYS IN THE OPERATION OR TRANSMISSION OF THIS WEBSITE OR THE CONTENT.
OTHER THAN AS REQUIRED UNDER APPLICABLE LAW, REGULATION, OR AN EXPRESS WRITTEN AGREEMENT BETWEEN YOU AND DeWitt Guam, IN NO EVENT WILL THE DeWitt Guam ENTITIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE, THE CONTENT, OR EQUIPMENT RELATED TO YOUR USE OF THIS WEBSITE, PRODUCTS OR SERVICES SOLD ON OR THROUGH THIS WEBSITE, OR FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA, UNAUTHORIZED ACCESS OR ACQUISITION OF YOUR DATA, OR OTHER LOSSES, EVEN IF ANY OF THE DeWitt Guam ENTITIES HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THIS LIMITATION OF LIABILITY IS UNENFORCEABLE, IN NO EVENT WILL THE LIABILITY OF THE DeWitt Guam ENTITIES IN CONNECTION WITH THIS AGREEMENT OR THE CONTENT UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED THE GREATER OF $100 OR THE AMOUNT PAID TO DeWitt Guam, IF ANY, IN CONNECTION WITH THIS WEBSITE, REGARDLESS OF WHETHER SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
JURISDICTION AND VENUE
NOTICES TO YOU; CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS.
Notices to you may be sent via email or through this Website by displaying links to notices generally on this Website. Any communication regarding your order/request will be emailed to the email address provided by you to us when ordering/requesting on this Website.
All Communications will be deemed to have been received by you no later than 5 business days after we send it to you by email or post it on this Website, whether or not you have received the email or retrieved the Communication from this Website. An electronic Communication by email is considered to be sent at the time that it is directed by DeWitt Guam’s mail server to your email address. You agree that these are reasonable procedures for sending and receiving electronic Communications.
In order to access and retain Communications, you must have: (1) a computer with an Internet connection; (2) a current web browser that includes 128-bit encryption (e.g., Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled; (3) a valid email address (i.e., your primary email address on file with DeWitt Guam); and (4) sufficient storage space to save past Communications or an installed printer to print them.
If you have registered on this Website and you wish to withdraw your consent to have Communications provided electronically, you must close your account. You may do so by contacting us via the contact information provided on the “Contact Us” page of this Website and stop using this Website. There are no fees to close your account with us.