1.. PRIVACY POLICY. DOHÂ 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.
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.
(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.
(10.1) 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.
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.
DOHÂ 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.
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. DOHÂ reserves the right to stop offering the Service at any time with or without notice.
By opting into the Service, you:
Once you affirm your choice to opt-in to the Service on 48597, your message frequency may vary. You may receive alerts about:
Once you affirm your choice to opt-in to the Service on 48597, your message frequency may vary. You may receive alerts about:
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. DOHÂ may add or remove any wireless carrier from the Service at any time without notice. DOHÂ and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
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.
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.
These Mobile Terms and Conditions are subject to change at any time without notice.
Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of DOHÂ 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 DOHÂ 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 DOHÂ 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.
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