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WEBSITE TERMS OF USE AGREEMENT
This Terms of Use Agreement ("Agreement") is made by and between dck worldwide, LLC and its affiliates, with offices at 1900 State Route 51, Pittsburgh, Pennsylvania 15025("dck worldwide") and you ("you," "your" or "User"). This Agreement contains the terms and conditions that govern your use of this Web Site.
BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEB SITE, OR OTHER dck worldwide SOFTWARE, SERVICES, WEBSITES OR ANY OF dck worldwide’s LICENSEES SERVICES OR SOFTWARE (COLLECTIVELY "SERVICES"), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEB SITE.
dck worldwide RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN dck worldwide’s SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE "TERMS OF USE" HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THE dck worldwide WEBSITE.
ACCESS TO THIS SITE To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all information you provide on this site will be correct, current, and complete. If dck worldwide believes the information you provide is not correct, current, or complete, dck worldwide has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.
RESTRICTIONS ON USE You may use this site for purposes expressly permitted by this site. As a condition of your use of dck worldwide’s website(s), you warrant to dck worldwide that you will not use the website(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of dck worldwide. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with dck worldwide in causing any unauthorized co-branding, framing or hyper-linking immediately to cease. In addition, you may not use dck worldwide’s website(s) in any manner which could disable, overburden, damage, or impair the website(s) or interfere with any other party''s use and enjoyment of the website(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website(s).
NON-COMMERCIAL USE LIMITATION dck worldwide’s website(s) are for your commercial use, unless otherwise specified. You may not use this site for any other purpose, including any non-commercial purpose, without dck worldwide’s express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to dck worldwide’s websites.
PROPRIETARY INFORMATION The material and content accessible from this site, and any other website owned, operated, licensed, or otherwise controlled by dck worldwide (the "Content") is the proprietary information of dck worldwide or the party that provided or licensed the Content to dck worldwide, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of dck worldwide, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates dck worldwide’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.
HYPER-LINKS This site may be hyper-linked to other sites which are not maintained by, or related to, dck worldwide. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or dck worldwide. dck worldwide has not reviewed any or all of such sites and is not responsible for the content of those sites. dck worldwide is not responsible for webcasting or any other form of transmission received from any hyper-linked site. Hyper-links are to be accessed at the user''s own risk, and dck worldwide makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. dck worldwide provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by dck worldwide of that site or any association with its operators.
DISCLAIMER You understand that dck worldwide cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. dck worldwide does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by dck worldwide.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. dck worldwide DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. dck worldwide DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. dck worldwide DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND dck worldwide MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT dck worldwide, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. dck worldwide MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
LIMITATION ON LIABILITY dck worldwide, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME OR SIMILAR DAMAGES, EVEN IF dck worldwide HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TERMINATION OR RESTRICTION OF ACCESS dck worldwide reserves the right, in its sole discretion, to terminate your access to any or all of dck worldwide’s websites and the related services or any portion thereof at any time, without notice.
INDEMNITY You will indemnify and hold dck worldwide, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys'' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
TRADEMARKS AND COPYRIGHTS Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of dck worldwide, its subsidiaries, affiliates or the party that provided the trademarks, services marks, logos, and copyrighted works to dck worldwide. dck worldwide and any party that provided trademarks, service marks, logos, and copyrighted works to dck worldwide retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site.
MISCELLANEOUS These Terms of Use will be governed and interpreted pursuant to the laws of Pennsylvania, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Pennsylvania in connection with any dispute between you and dck worldwide arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in Pittsburgh, Pennsylvania. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and dck worldwide as a result of this agreement or use of dck worldwide’s websites. These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and dck worldwide with respect to dck worldwide’s websites. dck worldwide may revise these Terms of Use at any time by updating this posting.
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