Terms of Use
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITES. THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS.
Welcome. You are interacting with one of our U.S. Sites, including: Dartagnan.com or blog.dartagnan.com. These terms and conditions of use govern your use of any online-service location (website or mobile app) that posts a link to these terms (the "Sites"). These Sites are owned by D’Artagnan, Inc. ("D’Artagnan"), which provides you, as a visitor to or customer of these Sites, with access to and use of these Sites subject to your compliance with the terms and conditions set forth below, including all documents, policies, and guidelines incorporated herein (collectively, the "Agreement"). You should read this Agreement carefully before browsing, using, or ordering products or services on our Sites.
The use of these Sites is governed by terms, provisions and conditions set forth herein and by entering these Sites you agree to be bound by all such terms, provisions and conditions. Please read them carefully. You are responsible for reviewing and becoming familiar with these terms.
Each time you access or enter these Sites, you acknowledge that (i) you have read and understand these terms and that you agree to be bound by these terms, provisions and conditions as same may be amended from time to time and (ii) the disclaimer, limitation of liability and indemnity provisions set forth in these terms, provisions and conditions are an agreed upon allocation of risk and form an essential part of our agreement to permit you to use these Sites, without which agreement D’Artagnan would not enter into this Agreement or permit you to use these Sites. If you do not agree to be bound by the terms, provisions and conditions herein, you are directed to
This Agreement does not alter in any way the terms or conditions of any other written or on-line agreement you may have or will have with D’Artagnan. D’Artagnan reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy or guideline referenced herein at any time and in its sole discretion. AS OUR SITES EVOLVE, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SITES MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SITES UNDER THE TERMS OR APPLICABLE ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SITES YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF ADDITIONAL TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE ADDITIONAL TERMS FOR YOUR NEW USE AND TRANSACTIONS. If the Agreement is changed, we will post the new terms on these Sites (or we may notify you in any other reasonable manner of notice we elect), along with the effective date of changed or modified Agreement. Any changes or modifications will be effective upon posting of the new Agreement on these Sites as revised, and your access to or use or browsing of our Sites following the posting of such changes or modifications will constitute your acceptance of the Agreement as revised.
Availabilty to U.S. ResidentsRelated Policies
License and Terms of Site Access
Order Acceptance
Payment Methods
Correction of Errors & Inaccuracies
Shipping Charges
Copyright
Trademarks and Service Marks
Linking
Submissions
Procedure for Alleging Copyright Infringement
Product and Service Descriptions, Pricing, and Availability
Shipping
Refunds & Replacements
Disclaimers
Limitation of Liability
Indemnity
Third-Party Rights
Dispute Resolutions by Binding Arbitration
Severability
Termination
Waiver of Injunctive or Other Equitable Relief
Enforceability and Admissibility
Waiver, Modification, and Assignment
Notices, Questions and Customer Service
Connectivity
Investigations; Cooperation with Law Enforcement
AVAILABILITY TO U.S. RESIDENTS
These Sites are intended only for the use of persons residing in the United States, and for delivery of products and services within the United States, and D’Artagnan makes no representations that the Sites are appropriate or available for use outside the United States. The Sites may describe products and services that are available only in the United States (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of the Sites and/or the provision of any content, program, product, service, or other feature described or available on the Sites to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement or to any sale of goods carried out as a result of your use of the Sites.
RELATED POLICIES
Privacy Policy. D’Artagnan is committed to protecting the privacy of customers and visitors who use our Sites. We have therefore created a Privacy Policy to explain our privacy practices and procedures. We believe that you should know what information we collect from you, as well as understand how we use, disclose, and protect that information. We believe that you should be able to communicate with us easily to limit the disclosure of any of your personally identifiable information, where practicable, and to address any questions or concerns that you may have. To learn about D’Artagnan's information collection and use practices and policies, please refer to the Privacy Policy section of these Sites. By using the Sites, you acknowledge and accept the Sites' Privacy Policy, and consent to the collection and use of your data in accordance with the Privacy Policy.
LICENSE AND TERMS OF SITES ACCESS
Limited License: D’Artagnan grants you a limited license to access and make personal, non-commercial use of our Sites and the content displayed on it. Any other redistribution, retransmission, copying, or publication of any content from these Sites is strictly prohibited without the express written consent of D’Artagnan. Our grant of this limited license does not include, without limitation: (1) any resale or commercial use of these Sites or any of the content; (2) the collection and use of any product or service listings or descriptions; (3) making derivative uses of these Sites or any contents; or (4) use of any data mining, "spiders," "robots," "wanderers," or similar data gathering and extraction methods. Except as noted above, D’Artagnan does not grant to you any right or license by implication, estoppel, or otherwise in or under any copyright, trademark, service mark, registered trademark, or proprietary right of D’Artagnan or any third party. See the Copyright and Trademarks and Service Marks sections below for further information. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any content, and (ii) may be immediately suspended or terminated for any reason, in D’Artagnan's sole discretion, and without advance notice or liability.
Reservation of All Rights Not Granted: These terms include only narrow, limited grants of rights to D’Artagnan's content and to use and access the Sites. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by D’Artagnan and its affiliates, licensors and other third parties. Any unauthorized use of any D’Artagnan content or the Sites for any purpose is prohibited.
Harmful Content: By using these Sites, you agree not to submit or disseminate any harmful message, data, information, text or other material, including without limitation, viruses, "Trojan horses," "worms," "time bombs," "zombies," "cancelbots," or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information of D’Artagnan or any third parties. D’Artagnan may immediately suspend or terminate the availability of the Sites and content (and any elements and features of them), in whole or in part, for any reason, in D’Artagnan's sole discretion, and without advance notice or liability.
User Name and Password: If you use any part of these Sites that requires a user name or password-including but not limited to registration through the "My Account" section of these Sites-then you are responsible for maintaining the confidentiality of that user name and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password, including, but not limited to any product orders. In the event the confidentiality of your account, your username, or your password is compromised in any manner, you should notify D’Artagnan immediately. Consistent with the Network and Information Security provisions of our Privacy Policy, D’Artagnan reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of these Sites and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account.
Notwithstanding the above, D’Artagnan may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall D’Artagnan be held liable to you for any liabilities or damages resulting from or arising out of (1) any action or inaction of D’Artagnan under this provision, (2) any compromise of the confidentiality of your account or password, (3) any unauthorized access to your account or use of your password; or (4) any purchases made through your account. Any unauthorized use of these Sites will terminate the permission or license granted herein and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.
Responsibility for Your Conduct. By using these Sites, you agree not to impersonate any person or entity, otherwise misrepresent your affiliation with a person or entity, misrepresent your address or country of residence, or interfere with other users of these Sites. You are solely liable for the content of any message, data, information, text, or other material you submit or transmit to these Sites. Consistent with the Indemnity section below, you agree to indemnify and hold harmless D’Artagnan from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of this Agreement, or your violation of any rights of a third party.
Enforcement. D’Artagnan has the right, but not the obligation, to suspend or terminate your access and use of these Sites at any time and at its sole discretion and to cancel your order for products or services at any time and at its sole discretion. D’Artagnan has the right, but not the obligation, to enforce strictly this Agreement by, without limitation, issuing warnings, suspending or terminating your registration or account, self help, active investigating, litigating, and/or prosecuting in any court or appropriate venue. Consistent with its Privacy Policy, D’Artagnan may access, use, and disclose transaction information and any message, data, information, text or other material you submit or transmit to these Sites to comply with the law (e.g., a lawful subpoena); enforce or apply our customer agreements; to bill, and collect for products and services; to protect our rights or property. Indirect or attempted violations of this Agreement or any related policy, and actual or attempted violation by a third party on behalf of a D’Artagnan customer shall be considered violations of the Agreement by such customer.
ORDER ACCEPTANCE
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order nor does it constitute confirmation of our offer to sell. We reserve the right, at any time after receipt of your order but prior to shipment, to accept or decline your order for any or no reason. We reserve the right, at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may need to verify any information you provide to us before we accept or process any order.
Item availability and prices for all products sold on these Sites are subject to change without notice. Prices for products sold on these Sites may be different from the prices sold through our retail partner(s) and/or retail location(s). (Price changes will not be retroactively applied to any outstanding or completed orders).
PAYMENT METHODS
Payment for the products purchased on these Sites may be made by credit card. Currently, we accept the following major credit cards: Visa®, MasterCard®, American Express®. We may from time to time modify our list of accepted credit cards. You will be required to provide us with the exact billing address and telephone number that your credit card issuer has on file for you. You may further be required to provide us with the security code on your credit card. Incorrect information may cause a delay in processing your order. We may use the services of one or more third party, hosting providers, processors and/or financial institutions (each a "Processor") to process the payment method for your purchases. BY PROVIDING PAYMENT METHOD INFORMATION, YOU EXPRESSLY AUTHORIZE D’ARTAGNAN, ITS AGENTS, SERVICE PROVIDERS AND PROCESSORS TO CHARGE THE PAYMENT METHOD FOR THE ORDERS.
CORRECTION OF ERRORS & INACCURACIES
The information on these Sites may contain typographical errors or inaccuracies and may not be complete or current. D’Artagnan reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. In the event that a product is listed by D’Artagnan at an inaccurate price due to typographical error or error in pricing information or for any other reason, D’Artagnan shall have the right to (i) refuse or cancel any orders placed for the product listed at the incorrect price and/or (ii) refuse or cancel any such orders whether or not an order has been confirmed, in which event, D’Artagnan shall offer a refund to you of previous amounts paid in respect of your purchase. The display of products on these Sites shall not constitute an offer to sell.
Pictures are provided for illustration purposes only. Please note that such errors, inaccuracies or omissions may relate to descriptions, pictures, pricing and availability.
We have used our reasonable efforts to display as accurately as possible the make-up, texture and color of the materials shown on these Sites. However, because these make-up, texture and color you see will depend on your monitor, we cannot guarantee that your monitor's display of any of these elements will be accurate. We apologize for any inconvenience this may cause you.SHIPPING CHARGES
You may be responsible for charges for shipping and handling. Such charges are in addition to product cost.
COPYRIGHT
All content, copyrighted materials, and copyrightable materials on these Sites, including, without limitation, the D’Artagnan logo, D’Artagnan duck icon, D’Artagnan chef icon, affiliate logos, designs, text, graphics, pictures, sound files and other files, page layouts, and the selection and arrangement thereof ("Materials") are ALL RIGHTS RESERVED Copyright © 2013-2020 D’Artagnan and/or its affiliates. Except as stated herein, none of the content or materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of D’Artagnan or affiliated copyright owner. D’Artagnan and its affiliates grant you permission to display, copy, distribute, and download the content and materials appearing on this Sites for personal, non-commercial, and informational use only, provided that you may not, without the permission of D’Artagnan or its affiliated copyright owner (1) copy, publish, or post any Materials on any computer network or broadcast or publications media, (2) modify the Materials, or (3) remove or alter any copyright and other proprietary notices contained in the Materials.
TRADEMARKS AND SERVICE MARKS
All marks and logos featured in these Web Sites-including, but not limited to, “D’Artagnan," "Protectors of Excellence," "Rohan Duckling” and "Green Circle Chicken,"- are either trademarks, service marks, or registered trademarks of D’Artagnan and used under license by D’Artagnan. These trademarks, service marks, and registered trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of D’Artagnanor its affiliates. All page headers, Dartagnan.com custom graphics, buttons, icons, and scripts are either trademarks, service marks, and/or trade dress of D’Artagnan or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of D’Artagnan or its affiliates. D’Artagnan affiliate trademarks, service marks, and trade dress may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits D’Artagnan or its affiliates.
All other trademarks, service marks, registered trademarks, product and service names and company names or logos that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by D’Artagnan.
LINKING
Limited Right to Link to the Sites: Subject to the restrictions in this Agreement, including without limitation those in the License and Terms of Site Access section above, D’Artagnan grants to you a limited, nonexclusive, revocable right to create a hypertext link ("link") to the home page of these Sites so long as your link does not portray D’Artagnan or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. You may not use a D’Artagnan design, logo, or other proprietary graphic, trademark, or registered trademark to link to these Sites without the express written permission of D’Artagnan. D’Artagnan reserves the right to suspend or prohibit linking to the Sites for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
Third-Party Links: You may encounter links to these Sites on third-party Web sites. D’Artagnan may also display on these Sites links to third-party Web sites. In permitting (but only pursuant to the provisions above) or providing these links to you as a convenience, D’Artagnan in no way implies affiliation, endorsement, or adoption of any linked Web site, of the owner or operator of such a site, or of any content displayed on such a site. D’Artagnan does not control in any way such third-party Web sites. And D’Artagnan accepts no responsibility for-and otherwise makes no claim or representation regarding-the quality, content, or reliability of third-party Web sites or services accessible by link from these Sites, or third-party Web sites linking to these Sites. When leaving the D’Artagnan Site using a link, you should be aware that these Terms and Conditions of Use and D’Artagnan's Privacy Policy no longer govern your use of or access to whichever Web site you may view. You should therefore review the terms of use and privacy practices and procedures of that Web site. D’ARTAGNAN DISCLAIMS ALL LIABILITY IN CONNECTION THEREWITH.
SUBMISSIONS
You agree that any materials, including but not limited to questions, comments, reviews, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information, provided by you in the form of e-mail to D’Artagnan or posting to these Sites are non-confidential (provided that provision of your personal information is subject to D’Artagnan's Privacy Policy) and you grant D’Artagnan a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials throughout the world in any media now known or hereafter developed with or without acknowledgment to you in D’Artagnan's sole discretion and without compensation to you. You also grant to D’Artagnan the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against D’Artagnan for any alleged or actual infringement or misappropriation of any proprietary right in your submitted materials and that the submission of any such materials to D’Artagnan, including the posting of materials to any forum or interactive area on these Sites, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity. You represent and warrant that you own or otherwise control all of the rights to the material that you post; that the material is accurate; that use of the material you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify D’Artagnan for all claims resulting from material you supply.
In your communications with D’Artagnan, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for products or otherwise (collectively, "Unsolicited Ideas and Materials"). Any Unsolicited Ideas and Materials you post on or send to us are deemed user submitted materials and licensed to us as set forth above. In addition, D’Artagnan retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. D’Artagnan's receipt of your Unsolicited Ideas and Materials is not an admission by D’Artagnan of their novelty, priority, or originality, and it does not impair D’Artagnan's right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
PROCEDURE FOR ALLEGING COPYRIGHT INFRINGEMENT
D’Artagnan asks our users to respect the intellectual property rights of others. It is our policy to respond appropriately to clear notices of alleged copyright infringement, as set forth more fully below. In D’Artagnan's sole discretion, D’Artagnan may remove content that may be infringing on another person's intellectual property rights with or without notice to the potential infringer. In accordance with the U.S. Digital Millennium Copyright Act ("DMCA") and other applicable law, D’Artagnan has adopted a policy of terminating, in appropriate circumstances and at D’Artagnan's sole discretion, users who are deemed to be repeat infringers. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner's) copyright in that work has been infringed by an improper posting or distribution of it via the Sites, then you may send us a written notice that includes all of the following: (i) a legend or subject line that says: "DMCA Copyright Infringement Notice"; (ii) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (iii) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Sites on which the material appears); (iv) your full name, address, telephone number, and e-mail address; (v) a statement by you 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 the law; (vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and (vii) your electronic or physical signature.
D’Artagnan will only respond to DMCA Notices that it receives by mail at the address below: D’Artagnan, Inc. Attn: Legal Department 600 Green Lane Union, NJ 07083
It is often difficult to determine if your copyright has been infringed. D’Artagnan may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and D’Artagnan may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
PRODUCT AND SERVICE DESCRIPTIONS, PRICING, AND AVAILABILITY
With respect to its offering of information, products, and services on the Sites, D’Artagnan attempts to be as accurate as possible. Nevertheless, D’Artagnan does not warrant that information, product or service descriptions, product availability, or other content of these Sites is accurate, complete, reliable, current, or error-free. Despite our efforts, it is possible due to computer or other error or cause that a product or service offered on these Sites may be mispriced, described inaccurately, or unavailable. In the event D’Artagnan determines that a product or service is mispriced or described inaccurately, D’Artagnan reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation canceling your order. You agree to notify D’Artagnan immediately if you become aware of any pricing or descriptive errors or inconsistencies with any products or services you order through these Sites and comply with any corrective action taken by D’Artagnan.
SHIPPING
For products ordered on these Sites, D’Artagnan will ship only to U.S. addresses in the 50 States and the District of Columbia, excluding Puerto Rico, Guam, the U.S. Virgin Islands, U.S. post office box addresses, and APO addresses. D’Artagnan reserves the right to impose a shipping surcharge. For further information on our shipping policies, please our Shipping Page.
REFUNDS & REPLACEMENTS
For products ordered on these Sites, D’Artagnan will provide to the purchaser a refund or replacement within five days of receipt of the merchandise. In the event the product to be replaced is no longer offered, unavailable or out of stock, purchaser agrees to accept a suitable substitution recommended by D’Artagnan or a refund. D’Artagnan undertakes no obligation to issue refunds or replacements for products purchased on third-party Web sites or in a physical retail store.
DISCLAIMERS
"As Is" and "As Available" Basis: These Sites and the materials contained therein are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, as to the operation of these Sites or the information, content, materials, products or services included on these Sites. You expressly agree that use of these Sites, including all content, data or software distributed by, downloaded or accessed from or through these Sites, is at your sole risk and responsibility.
Warranty Disclaimer: EXCEPT FOR SUCH EXPRESS WRITTEN AND PRODUCT-SPECIFIC WARRANTIES AS MAY BE MADE TO A PURCHASER, D’ARTAGNAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THESE SITES. D’ARTAGNAN DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THESE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, SUBJECT TO CORRECTION OR THAT ANY SUCH MATERIALS AVAILABLE FOR DOWNLOAD FROM THESE SITES ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. D’ARTAGNAN IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE D’ARTAGNAN ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THESE SITES IS SAFE, D’ARTAGNAN CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THESE SITES OR ITS SERVER(S) WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD-PARTY HACKERS OR DENIAL OF SERVICE ATTACKS) OR OTHERWISE MEET CUSTOMER'S REQUIREMENTS.
D’Artagnan reserves the right to change any and all content contained on these Sites at any time without notice. Reference to any non-D’Artagnan products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise is for information purposes only and does not constitute or imply endorsement, sponsorship or recommendation thereof by D’Artagnan.
Your Responsibility and Risk: It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise, and other information provided on or through these Sites or on the Internet generally.
LIMITATION OF LIABILITY
IN NO EVENT SHALL D’ARTAGNAN BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OR INABILITY TO USE THESE SITES OR THE CONTENT, MATERIALS, INFORMATION, TRANSACTIONS, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THESE SITES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THESE SITES OR THE CONTENT, MATERIALS, INFORMATION, PRODUCTS OR SERVICES ON OR AVAILABLE THROUGH THESE SITES, EVEN IF D’ARTAGNAN OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Certain state laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein. In such states, D’Artagnan's liability is limited to the greatest extent permitted by law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL D’ARTAGNAN'S TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITES AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID D’ARTAGNAN IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A COURT OR TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY D’ARTAGNAN OR A MANUFACTURER OF A PHYSICAL PRODUCT.
INDEMNITY
You shall indemnify, defend and hold harmless D’Artagnan and its affiliates and their respective shareholders, directors, members, managers, officers, employees and agents from and against any and all liability, claims, costs and expenses (including without limitation reasonable legal fees and expenses), arising out of, resulting from, or in connection with, your use of these Sites and/or any third party sites and/or your use of the products obtained from D’Artagnan.
THIRD-PARTY RIGHTS
The provisions of the Product and Service Descriptions and Pricing, Disclaimers, Limitation of Liability, and Indemnity sections above are for the benefit of D’Artagnan and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to these Sites. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
DISPUTE RESOLUTION BY BINDING ARBITRATION
Certain portions of this Section ("Dispute Resolution Section") are deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and D’Artagnan agree that we intend that this Section satisfies the "writing" requirement of the Federal Arbitration Act. This Dispute Resolution Section can only be amended by mutual agreement.
A. First - Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises between you and D’Artagnan, including, out of the Sites, this Agreement or any services or products ordered through the Sites, the content, or your submissions (including, Unsolicited Ideas and Materials), whether heretofore or hereafter arising (collectively, "Dispute"), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Dispute Resolution Section (A). Your notice to us must be sent to: D’Artagnan, Inc., Attn: Legal Department, 600 Green Lane, Union, NJ 07083. For a period of sixty (60) days from the date of receipt of notice from the other party, D’Artagnan and you will engage in a dialogue in order to attempt to resolve the Dispute, though nothing will require either you or D’Artagnan to resolve the Dispute on terms with respect to which you and D’Artagnan, in each of our sole discretion, are not comfortable.
B. Binding Arbitration. AS USED HEREIN, THE FOLLOWING DISPUTES WILL BE "ARBITRATION DISPUTES", WHICH MAY ONLY BE RESOLVED BY BINDING ARBITRATION AS SET FORTH HEREIN: ANY AND ALL DISPUTES ARISING OUT OF, IN CONNECTION WITH OR RELATED TO DATA COLLECTION, DATA PRIVACY OR SECURITY, DATA BREACH, TEXT MESSAGING, OR COLLECTION, USE, OR DISCLOSURE OF INDIVIDUAL OR AGGREGATE CONSUMER INFORMATION AND DATA WHETHER PERSONALLY IDENTIFIABLE OR OTHERWISE. ALL ARBITRATION DISPUTES MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE THEN-CURRENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA"), except as modified herein, and in accordance with the AAA's Supplementary Procedures for Consumer Related Disputes. The arbitration will be administered by the AAA. The Federal Arbitration Act ("FAA") shall govern the arbitrability of all Arbitration Disputes between D’Artagnan and you regarding this Agreement and the Sites, including the No Class Action Matters section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY ARBITRATION DISPUTE HEARD BY A JUDGE OR JURY. All issues are for the arbitrator to decide, except that issues relating to the scope, interpretation and enforceability of the arbitration and class action waiver provisions are to be decided only by a court of competent jurisdiction, and not by the arbitrator. This arbitration provision shall survive termination of these Terms or the Site. You can obtain AAA procedures, rules, and fee information as follows: 877-858-0099 and http://www.adr.org.
C. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE DISPUTE RESOLUTION SECTION TO THE OTHER PARTY) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED.
D. Injunctive Relief. The foregoing provisions of this Dispute Resolution Section will not apply to any legal action taken by D’Artagnan to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Site, any Content, your User-Generated Content and/or D’Artagnan' intellectual property rights (including such we may claim that may be in dispute), D’Artagnan' operations, and/or D’Artagnan' products or services.
E. No Class Action Matters. YOU AND D’ARTAGNAN AGREE THAT WITH RESPECT TO ARBITRATION DISPUTES EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. All Arbitration Disputes will be heard or arbitrated only on an individual basis and will not be joined or consolidated with any other claims or arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Arbitration Dispute to be arbitrated on a class action basis or on any basis involving Arbitration Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that the restriction set forth in this Dispute Resolution Section (E) is unconscionable or unenforceable, then our agreement in Dispute Resolution Section (B) to arbitrate will not apply and the Arbitration Dispute must be brought exclusively in court pursuant to Dispute Resolution Section (G). Notwithstanding any other provision of this Dispute Resolution Section, any and all issues relating to the scope, interpretation and enforceability of this Dispute Resolution Section (E), including the class action waiver provisions contained herein, are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.
F. Small Claims Matters Are Excluded From Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claims of disputes (including Arbitration Disputes) in small claims court of competent jurisdiction.
G. Federal and State Courts in Union County, New Jersey. Except to the extent that arbitration is required in Dispute Resolution Section (B), small claims actions, or with respect to the enforcement of any arbitration decision or award with respect to an Arbitration Dispute, any action or proceeding relating to the Site and/or these Terms may only be instituted in state or Federal court in Union County, New Jersey. Accordingly, you and D’Artagnan consent to the exclusive personal jurisdiction and venue of such courts for such matters, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
SEVERABILITY
If any provision or portion thereof set forth in these terms, provisions and conditions is found to be unlawful, void or, for any other reason unenforceable, then such provision or portion thereof shall be deemed severable and shall not affect the validity and enforceability of any other provision.
TERMINATION
Notwithstanding any of these terms and conditions, this Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer access or use these Sites after this Agreement has been terminated. The sections of this Agreement entitled Copyright; Trademarks and Service Marks; Submissions; Disclaimers; Limitation of Liability; Indemnity; Third-Party Rights; Dispute Resolution by Binding Arbitration; Severability, Termination; Enforceability and Admissibility; and Waiver, Modification, and Assignment shall survive any termination of this Agreement. Upon suspension or termination of your access to the Sites, or upon notice from D’Artagnan, all rights granted to you under these terms or Agreement will cease immediately, and you agree that you will immediately discontinue use of the Sites.
WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SITES, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND YOU WILL NOT BE PERMITTED TO OBTAIN, ANY RELIEF IN ANY FORUM THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY D’ARTAGNAN OR A LICENSOR OF D’ARTAGNAN.
ENFORCEABILITY AND ADMISSIBILITY
This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (1) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing; (2) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (3) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
WAIVER, MODIFICATION, AND ASSIGNMENT
D’Artagnan's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right thereof. Neither the course of conduct between the D’Artagnan and a user of these Sites nor trade practice shall act to modify any provision of this Agreement. D’Artagnan may assign its rights and duties under this Agreement to any party at any time without notice to you.
NOTICES, QUESTIONS AND CUSTOMER SERVICE
You agree that: (1) we may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the home page of the Sites, or in another reasonable manner; and (2) we may contact you by mail or e-mail sent to the address provided by you. You agree to promptly notify us if you change your e-mail or mailing address by updating your account settings. All legal notices to us must be sent to: D’Artagnan, Inc., Attn: Legal Department, 600 Green Lane, Union, NJ 07083.
If you have a question regarding using the Sites, you may contact D’Artagnan Customer Service by through our Contact Us Page or calling our toll-free number at: 1-877-858-0099. You acknowledge that the provision of customer support is at D’Artagnan's sole discretion and that we have no obligation to provide you with customer support of any kind.
When you communicate with us electronically, such as via e-mail and text message, you consent to receive communications from us electronically. We will try to promptly respond to all inquiries, but we are not obligated to do so.
CONNECTIVITY
You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Sites and you will be responsible for all charges related to them.
INVESTIGATIONS; COOPERATION WITH LAW ENFORCEMENT
D’Artagnan reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Sites' security or its information technology or other systems or networks, (ii) investigate any suspected breaches of this Agreement and term, (iii) investigate any information obtained by D’Artagnan in accordance with its Privacy Policy in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of this Agreement and terms, and (vi) discontinue the Sites, in whole or in part, or, except as may be expressly set forth in any applicable additional terms, suspend or terminate your access to it, in whole or in part, including any user Accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to D’Artagnan under these terms or the Agreement.