TERMS OF USE OF DARKOXYGENHEAVY.COM

1.. PRIVACY POLICY. DOH  respects your privacy and permits you to control the treatment of your personal information. DOH’s privacy policy is expressly incorporated into this Agreement by this reference.

When you are required to open an account to use or access the Site or to purchase goods or products via the Site, you must complete the account registration process by providing the complete and accurate information requested on the relevant account information page. You will be asked to provide a password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account or password of someone else at any time. You agree to notify DOH immediately of any unauthorized use of your account or password. DOH shall not be liable for any loss that you incur as a result of someone else using your account or password, either with or without your knowledge. You may be held liable for any losses incurred by DOH, its affiliates, officers, directors, employees, consultants, agents, or representatives due to someone else’s use of your account or password.

2. LICENSE OF SOFTWARE. DOH may make certain software available to you from the Site. If you used the Site and/or Services, and/or download images, files, content, or software from the Site, such Software, including all files and images contained in or generated by the Site, Services, or software, and accompanying data (collectively, “Software”), is deemed to be licensed to you by DOH, for your personal and noncommercial use, only. DOH does not transfer either the title or the intellectual property rights to the Software, and DOH retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.
3. USER CONTENT. You grant DOH a license to use the User Content and materials you post to the Site. By posting, downloading, displaying, performing, transmitting, or otherwise distributing User Content to the Site, you are granting DOH, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of DOH, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You agree that DOH may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
4. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing or using the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or Content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any Content you provide, post, or transmit, or that is provided or transmitted using your user name or user ID. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.
5. INTELLECTUAL PROPERTY OWNERSHIP. All DOH Content included on the Site and Service, such as text, graphics, logos, button icons, images, audio and/or video media, digital downloads, data compilations, and Software, is the property of DOH and is protected by U.S. and international intellectual property laws. The compilation of all content on this Site is the exclusive property of DOH and protected by U.S. and international copyright laws. All software used on this site is the property of DOH or its software suppliers and protected by United States and international intellectual property laws.

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 DOH and our affiliates without express written consent. You may not use any meta-tags or any other “hidden text” utilizing DOH name or trademarks without the express written consent of DBH. You may not use any direct linking or source-calling of any media presented on this website.

6. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. DOH has in place certain legally mandated procedures regarding allegations of copyright and other forms of intellectual property infringement occurring on the Site. DOH ‘s policy is to investigate any allegations of intellectual property infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want DOH to delete, edit, or disable the material in question, you must provide DOH with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the subject work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit DOH to locate the material; (d) information reasonably sufficient to permit DOH to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement 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; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

7. PROHIBITED CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that:

(9.1) is libelous, defamatory, obscene, pornographic, abusive, or threatening, or that you know is false or misleading;

(9.2) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation;

(9.3) is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;

(9.4) harasses or advocates harassment of another person;

(9.5) exploits people in a sexual or violent manner;

(9.6) contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;

(9.7) solicits or is designed to solicit personal information from or about any minor;

(9.8) contains information that poses or creates a privacy or security risk to any person;

(9.9) constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;

(9.10) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;

(9.11) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

(9.12) solicits or is designed to solicit passwords or personal identifying information from other Users;

(9.13) involves commercial activities and/or sales without prior written consent from DBH;

(9.14) includes a photograph or video of another person that you have posted without that person’s consent; or

(9.15) violates or attempts to violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person.

DOH reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Site or Service, and, if applicable, to delete any such material from its servers. DOH intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

10. PROHIBITED CONDUCT. You are also prohibited from engaging in the following activities, or assisting others in engaging in the following activities, in using the Site or Services:

(10.1) threatening, stalking, defrauding another person, or inciting, harassing, or advocating the harassment of another person, or otherwise interfering with another user’s use of the Site;

(10.2) using the Site in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews;

(10.3) using the Site to promote bigotry or discrimination;

(10.4) using the Site to solicit personal information from minors or to harm or threaten to cause harm to minors;

(10.5) using the site for commercial or promotional purposes, advertising or otherwise solicits funds or is a solicitation for goods or services, displaying an unauthorized commercial advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Site or Service on behalf of that person, such as placing commercial content in a product review, placing links to e-commerce sites not authorized by DOH in a product review, placing links to blogs or forums with a commercial purpose, or otherwise attempting to post messages or advertisements with a commercial purpose;

(10.6) engaging in criminal or tortious activity, including, but not limited to, fraud, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, or theft of trade secrets;

(10.7) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;

(10.8) attempting to probe, scan, or test the vulnerability of the Site or any associated system or network, or to breach security or authentication measures without proper authorization, including circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Site or Service;

(10.9) interfering or attempting to interfere with service to any User, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”

(10.10) using the Site to send unsolicited e-mails, including, without limitation, promotions, or advertisements for products or services;

(10.11) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting;

(10.12) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by DOH in providing the Site;

(10.13) using the Site for keyword spamming or to otherwise attempt to manipulate natural search results;

(10.14) recording, processing, or mining information about other users;

(10.15) using any viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network, or using any other automated system in order to harvest e-mail addresses or other data from the Site or Service for the purposes of sending unsolicited or unauthorized material;

(10.16) modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the DOH Services other than your User Content which you legally post on, through or in connection with your use of the Site;

(10.17) providing or using “tracking” or monitoring functionality in connection with the Site or Service, including, without limitation, to identify other Users’ views, actions or other activities on the Site;

(10.18) interfering with, disrupting, or creating an undue burden on the DOH ‘s Site or the networks or services connected to the DOH ‘s Site;

(10.19) impersonating or attempting to impersonate DOH or a DOH employee, administrator or moderator, another User, or person or entity (including, without limitation, the use of e-mail addresses associated with or of any of the foregoing);

(10.20) using or distributing any information obtained from the DOH ‘s Site in order to harass, abuse, or harm another person or entity, or attempting to do the same;

(10.21) using invalid or forged headers to disguise the origin of any Content transmitted to or through DOH ‘s computer systems, or otherwise misrepresenting yourself or the source of any message or Content;

(10.22) engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or

(10.23) using the Site in a manner inconsistent with any and all applicable laws and regulations.

8. ALLEGED VIOLATIONS. DOH reserves the right to terminate your use of the Site and Service, and, in its sole discretion, to reject, to refuse to post, or to delete any Content on the Site for any reason. To ensure that DOH provides a high quality experience for you and for other Users of the Site, you agree that DOH or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other prohibited uses of the Site. DOH does not intend to disclose the existence or occurrence of such an investigation unless required by law, but DOH reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if DOH believes that you have violated any of the Terms of Use, furnished DOH with false or misleading information, or interfered with use of the Site by other Users.

DOH assumes no responsibility for monitoring the Site for prohibited Content or conduct. If at any time DOH chooses, in its sole discretion, to monitor the Site, DOH assumes no responsibility or liability for User Content or conduct, assumes no obligation to modify or remove prohibited Content, and assumes no responsibility or liability for prohibited User conduct.

If you become aware of misuse of the Site or of any prohibited Content or conduct, please report it to DOH by clicking on the “Contact Us” link on the left hand side of the Site’s home page and sending us an email in through the mechanism provided on the Contact Us web page.

9. ACCEPTANCE OF ORDERS. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will be charged upon ordering and your order will be shipped within the time stated on the product specific page or mentioned under the “Shipping and Returns” and/or “International Shipping” webpages of the Site. Your order may be cancelled due to, but is not limited to, limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or credit or fraud problems. We will contact you if any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after we have received payment, we will issue a credit by the charged payment method for the amount of the charge.
10. ORDER QUANTITY LIMITATIONS. We reserve the right to limit the quantity of items purchased per person, per household, or per order. These restrictions may be applicable to orders placed by the same payment account and also to orders that use the same billing and/or shipping address, or same e-mail address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied. We also reserve the right to prohibit sales to dealers or other corporations or institutions. If you are interested in purchasing multiple quantities of items for a corporation or institution, please contact us through our “Contact Us” webpage on the Site.
11. NO WARRANTIES. DOH HEREBY DISCLAIMS ALL WARRANTIES. DOH IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOH EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. DOH DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
12. LIMITED LIABILITY. DOH ‘s LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DOH BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY DBH. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
13. AFFILIATED SITES. DOH has no control over, and no liability for any third party websites or materials. DOH works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither DOH nor the Site has control over the content and performance of these partner and affiliate sites, DOH makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and DOH assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that DOH makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
14. INDEMNITY. You agree to indemnify DOH for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless DOH, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. DOH will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
15. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Butte County, California, USA in all disputes arising out of or related to the use of the Site.

DOH

Mobile Terms & Conditions

DOH  offers its customers mobile alerts regarding sale promotions, event information, product launch announcements, cart reminders, back in stock alerts, price drop alerts, low inventory alerts by SMS message (the “Service”) on 48597. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.

Signing Up and Opting-In to the Service

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. DOH  reserves the right to stop offering the Service at any time with or without notice.

By opting into the Service, you:

• Authorize DOH . to use an automatic telephone dialing system to send recurring automated text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
• Acknowledge that you do not have to agree to receive messages as a condition of purchase.
• Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
• Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please email service@designbyhumans.com. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you’ll also need an email account you can access from the device, along with a browser or other software that can display the emails.

Content You May Receive

Once you affirm your choice to opt-in to the Service on 48597, your message frequency may vary. You may receive alerts about:

• Sale promotions
• Event information
• Product launch announcements
• Cart reminders
• Back in stock alerts
• Price drop alerts
• Low inventory alerts

Once you affirm your choice to opt-in to the Service on 48597, your message frequency may vary. You may receive alerts about:

• An order has been placed
• An order has been shipped
• An order has been delivered

Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.

Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. DOH  may add or remove any wireless carrier from the Service at any time without notice. DOH  and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

To Stop the Service

To stop receiving text messages from DOH ., text the word STOP to 48597 any time or reply STOP to any of the text messages you have received from DOH . This is the exclusive method for opting out. After texting STOP to 48597, you will receive one additional message confirming that your request has been processed.

Questions

You can text HELP for help at any time to 48597. This will provide you with an email address to customer service (service@designbyhumans.com). You can also contact us at DOH , 495 Ryan Ave., Chico, CA , 95973.

Changes to Terms

These Mobile Terms and Conditions are subject to change at any time without notice.

Arbitration and Class Action Waiver

Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of DOH  will be resolved by binding arbitration, rather than court.

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and DOH  hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND DOH  ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND DOH  AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
You and DOH  are each responsible for your respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. DOH , however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA’s Rules regarding costs and payment apply.
This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

If any term of this Arbitration and Class Action Waiver is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.