| SITE TERMS AND CONDITIONS, PRIVACY
AND SECURITY POLICY
Please read these policies, terms and conditions carefully before using this
website (the "Site"). By using this Site, you indicate your agreement
to the terms and conditions set forth below. DTI SERVICES, INC. has established
the following guidelines to ensure an enjoyable shopping experience for all customers,
and to identify the benefits of, and conditions to, your use of the Site. If you
are not willing to be bound by to these terms and conditions, please do not use
this Site.
Additional terms and conditions applicable to specific services purchased via
this website are covered separately in the Consumer Disclosure and Terms of Service
document available on this website.
USE OF SITE
You acknowledge that this Site contains information, communications, software,
photos, text, video, graphics, icons, logos, music, sounds, images and other material
and services (collectively "Content"), and that such Content is provided
by DTI SERVICES, INC., and/or by licensors of DTI SERVICES, INC., (The term "DTI
SERVICES, INC.," as used herein, includes all subsidiaries and affiliates
of DTI SERVICES, INC.,). You agree and acknowledge that, even though DTI SERVICES,
INC., permits access to the Content, the Content is protected by copyrights, trademarks,
and other proprietary (including intellectual property) rights (collectively "Rights"),
that these Rights are valid and protected in all media now existing or later developed,
and that except as specifically provided in these terms and conditions, your use
of the Content shall be governed and constrained by applicable copyright, trademark
and other intellectual property laws.
USER CONDUCT
Your use of the Site is subject to applicable local, state, federal and International
law. You agree not to use the Site or any of the Content for any illegal purpose,
or to transmit to or through the Site (including by use of any merchandise or
services offered on or in connection with the Site) any illegal, harmful, threatening,
defamatory, obscene, hateful or other objectionable material of any kind, or to
interfere with, abuse or otherwise violate the legal rights of any third party
using the Site.
In addition to DTI SERVICES, INC.'s rights and the rights of its licensors
in individual elements of the Content, DTI SERVICES, INC., owns copyrights in
the selection, coordination, arrangement and/or enhancement of the Content. You
may not modify, publish, transmit, participate in the transfer or sale of, reproduce,
create derivative works from, distribute, perform, display, incorporate into another
web site, or in any other way exploit any of the Content, in whole or in part,
without the prior written consent of DTI SERVICES, INC.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
(A) YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER
DTI SERVICES, INC., NOR ANY OF ITS EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, THIRD
PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED
OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION,
SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE. NO LIABILITY SHALL ATTACH TO
DTI SERVICES, INC. FOR ERRORS CONTAINED WITHIN THIS WEBSITE INCLUDING ACCIDENTALLY
MISQUOTED RATES AND TERMS OF SERVICE.
(B) THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY
ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT
OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITE, WHETHER
FOR BREACH OF CONTRACT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. DTI SERVICES,
INC. DOES NOT WARRANT THAT DEFECTS HAVE BEEN CORRECTED OR WILL BE CORRECTED NOR
DOES IT MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY
OF THE MATERIALS IN THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE TOTAL EXCLUSION
OF IMPLIED WARRANTIES, IN WHICH CASE THE EXCLUSIONS SET FORTH HEREIN SHALL APPLY
TO THE MAXIMUM EXTENT PERMITTED BY SUCH APPLICABLE LAW. YOU SPECIFICALLY ACKNOWLEDGE
THAT DTI SERVICES, INC. IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING
RESTS ENTIRELY WITH YOU.
(D) IN NO EVENT WILL DTI SERVICES, INC., OR ANY PERSON OR ENTITY INVOLVED
IN CREATING, PRODUCING OR DISTRIBUTING DTI SERVICES, INC., OR THE DTI SERVICES,
INC., SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF
THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS
OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER DTI SERVICES, INC.,
NOR ITS INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE, REGARDLESS
OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS
IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION OR PRODUCT CONTAINED
WITHIN THE SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF
TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THERE FROM OR OCCASIONED THEREBY.
NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES
OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL
DAMAGES. NEITHER DTI SERVICES, INC., NOR ITS INFORMATION PROVIDERS OR CONTENT
PROVIDERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS
OF THIS INFORMATION. YOU EXPRESSLY AGREE THAT DTI SERVICES, INC., SHALL NOT BE
LIABLE FOR ANY DELAYS, MISDELIVERIES OR DAMAGE CAUSED BY, IN WHOLE OR IN PART,
THE CONDUCT OF THE U.S. POSTAL SERVICE OR OTHER CARRIER. ADDITIONALLY, IN CONNECTION
WITH THE SITE, DTI SERVICES, INC., WILL PARTNER, OR CREATE STRATEGIC ALLIANCES,
WITH THIRD PARTY PROVIDERS WHICH MAY INCLUDE, AMONG OTHER THINGS, MAGAZINE COMPANIES,
RETAILERS PROVIDING GIFT CERTIFICATES, AND THE LIKE, AND YOU ACKNOWLEDGE THAT
DTI SERVICES, INC., SHALL NOT BE LIABLE FOR ANY ERROR, OMISSION, DEFECT OR FAILURE
OF SUCH THIRD PARTY PROVIDER, NOTWITHSTANDING ITS PACKAGING WITH, OR ASSOCIATION
WITH, THE CONTENT OR PRODUCT PROVIDED BY DTI SERVICES, INC., ON THE SITE.
(F) YOU WARRANT THAT YOU POSSESS THE LEGAL RIGHT AND ABILITY TO USE THE SITE.
WITHOUT LIMITING THE FOREGOING, YOU AGREE TO BE FINANCIALLY RESPONSIBLE FOR ANY
PURCHASE(S) YOU PLACE ON OR IN CONNECTION WITH THE SITE. THE SITE AND/OR THE CONTENT
ON THE SITE MAY NOT BE SUITABLE FOR ALL VISITORS. YOU AGREE TO COMPLY WITH ALL
APPLICABLE LAWS, RULES AND REGULATIONS CONCERNING YOUR ACCESS TO AND/OR USE OF
SUCH PORTION(S) OF THE SITE AND/OR THE CONTENT, INCLUDING ANY INTERNAL RULES REGARDING
YOUR ACCESS TO AND/OR USE OF THE SITE (E.G. ANY APPLICABLE RULES AND OR POLICIES
OF YOUR EMPLOYER OR INTERNET SERVICE PROVIDER). YOU ALSO REPRESENT THAT YOU HAVE
THE LEGAL CAPACITY TO ENTER INTO, AND BE BOUND BY, THESE TERMS AND CONDITIONS.
(G) THE SITE MAY CONTAIN LINKS TO OTHER SITES ON THE INTERNET THAT ARE OWNED
AND OPERATED BY THIRD PARTIES. YOU ACKNOWLEDGE THAT DTI SERVICES, INC. IS NOT
RESPONSIBLE FOR THE OPERATION OF OR CONTENT LOCATED ON OR THROUGH ANY SUCH SITE.
REVISIONS TO TERMS; DUTY OF USER
DTI SERVICES, INC., reserves the right to change the terms of this agreement
at any time by posting the changes online. You are responsible for reviewing information
posted online with respect to such changes. Your continued visits, use of the
service and/or purchase of merchandise through the Site constitutes your acceptance
of these terms, as modified by any posted changes.
PRIVACY & SECURITY STATEMENT
Subject to applicable state and federal law, DTI SERVICES, INC., does not sell,
loan, rent or otherwise disseminate any identifiable personal information regarding
its customers. All information you give to us in connection with an order is held
and processed in a secure manner and will not be used in ways to which you have
not specifically given consent. DTI SERVICES, INC. may share summary, non-personal
information regarding its customers with partners or third parties. However, absolutely
none of this information will contain individual consumer information. We use
a standard security system called Secure Sockets Layer (SSL), a common program
layer for transmitting payment information between buyer and seller. SSL passes
info from the user's web browser to the merchant's web server software within
a secure environment. SSL encodes your data and encapsulates it into individual
blocks, which guarantees the confidentiality and integrity of the transaction.
"Cookies" are small bits of information that are stored on your computer's
hard drive by your Internet browser. DTI SERVICES, INC. uses "cookies"
in the following manner. Our cookies do not contain any personally identifiable
information about you. They allow us to track your usage of our Site. Such cookies
also let us know if you came to DTI SERVICES, INC., from a banner advertisement
or a particular link. Cookies cannot and will not be used by DTI SERVICES, INC.,
to retrieve personal information about you, without your consent.
TERMINATION
This agreement is effective until terminated by either party. You may terminate
this agreement at any time by destroying all materials obtained from the Site
and all related documentation and all copies and installations thereof, whether
made under the terms of this agreement or otherwise. This agreement will terminate
immediately without notice from DTI SERVICES, INC., if in DTI SERVICES, INC.'s
sole discretion you fail to comply with any term or provision of this agreement.
Upon termination, you must destroy all materials obtained from this Site and all
copies thereof, whether made under the terms of this agreement or otherwise.
OTHER
In the event any provisions of this Agreement are found to be invalid or unenforceable,
that part will be interpreted consistent with the applicable laws noted in this
Agreement as nearly as possible to reflect the original intentions of the parties
and the remaining provisions will remain valid and in full force and effect. You
must still abide by any provisions of the Agreement that are not in violation
of such law.
JURISDICTION/VENUE
You agree that any legal action brought against DTI SERVICES, INC., shall be
governed by the laws of the State of California without regard to its conflict
of the law principles. You agree that the sole jurisdiction and venue for any
litigation arising from your use of or orders made on the Site shall be an appropriate
federal or state court located in Los Angeles County, California.
ARBITRATION & CLASS ACTION LAW SUITS
Any disputes that arise between you and DTI Services, Inc. shall be exclusively
resolved by binding arbitration with an arbitrator chosen by us, such as the American
Arbitration Association. The Federal Arbitration Act, not state law, governs the
question of whether a claim is subject to arbitration.
The Parties agree that their disputes will be resolved individually and shall
not be joined with another lawsuit or arbitration or adjudicated on a consolidated
or class basis. The arbitrator(s) may award declaratory relief, preliminary and
permanent injunctive relief, and compensatory damages. The Parties further agree
to waive, to the fullest extent permitted by law, any claim for incidental, consequential,
or punitive damages. To the extent such damages may not be so waived, if an arbitrator
decides to award such damages, they shall be limited to the total amount of service
charges between the Parties. The arbitrator's decision and award will be final
and binding, and judgment on the award rendered by the arbitrator may be entered
in any court with jurisdiction.
NOTICE
Before the initiation of any arbitration between the Parties, you must first
contact our Customer Service Department in writing at 601 S. Figueroa Street,
Suite 4300, Los Angeles, California 90017, and provide us with an opportunity
to resolve the dispute. If the dispute cannot be resolved within 60 days of receipt
of such notice, either Party may initiate arbitration. |