Welcome to the Deaf Inc. Web site (the
"Site"). The Site is provided as a service to our customers. Please
review the following terms and conditions of use, which govern your use of the Site
(the "Agreement").
Your use of the Site constitutes your
agreement to follow and be bound by the Agreement. We reserve the right to
update or modify this Agreement at any time without prior notice. For this
reason, we encourage you to review the Agreement whenever you use any of the Site.
If you do not agree to these terms, please do not use the Site.
Site Transactions
All sales are final. (non-refundable, no exchanges and non-transferable).
We reserve the right to refuse any
order you place with us. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household or per order. These restrictions
may include orders placed by or under the same customer account, the same
credit card, and/or orders that use the same billing and/or shipping address.
In the event we make a change to or cancel an order, we will attempt to notify
you by contacting the e-mail and/or billing address/phone number provided at
the time the order was made. We reserve the right to limit or prohibit orders
that, in our sole judgment, appear to be placed by dealers, resellers, distributors and/or people that have intentionally caused problems for us.
Right to Change Site
We reserve the right, at any time in
our sole discretion, to: modify, suspend or discontinue the Site or any
service, content, feature or product offered through the Site, with or without
notice; charge fees in connection with the use of the Site; modify and/or waive
any fees charged in connection with the Site; and/or offer opportunities to
some or all users of the Site. You agree that we shall not be liable to you or
to any third party for any modification, suspension or discontinuance of the
Site, or any service, content, feature or product offered through the Site.
Site Contents
Unless otherwise noted, the Site, and
all materials on the Site, including text, images, illustrations, designs,
icons, photographs, video clips and other materials, and the copyrights,
trademarks, trade dress and/or other intellectual property in such materials
(collectively, the "Contents"), are owned, controlled or licensed by DEAF
Inc. and/or its subsidiaries.
The Site and the Contents are intended
solely for personal, non-commercial use. You may download or copy the Contents
and other downloadable materials displayed on the Site for your personal use
only. No right, title or interest in any downloaded Content is transferred to
you as a result of any such downloading or copying. You may not reproduce (except
as noted above), publish, transmit, distribute, display, modify, create
derivative works from, sell or exploit in any way any of the Contents or the Site.
Unless otherwise specified, the Site
and the Contents are intended to promote DEAF Inc.'s products and services
available in the United States. The Site are controlled and operated by DEAF
Inc. from its offices in St. Louis, Missouri
The content on this site does not
constitute medical advice. You should consult your doctor before beginning any
exercise, training or athletic program. DEAF Inc. is not responsible for any
medical or health problems that may result from your engaging in any activities
described on this site or from any information you obtain from this site. If
you ever feel discomfort or pain, you should not continue.
User Comments, Feedback, and Other Submissions
DEAF Inc. is pleased to hear from users
and welcomes your comments regarding our products and services. DEAF Inc.'s
long standing company policy does not allow us to accept or to consider
creative ideas, suggestions, proposals, plans, or other materials other than
those we have specifically requested. We hope that you will understand that the
intent of this policy is to avoid the possibility of future misunderstandings
when projects developed by DEAF Inc.'s employees and agents might seem to be
similar to creative works submitted by users. Accordingly, while we value your
feedback, we must ask that you do not send creative ideas, suggestions,
proposals, plans, or other materials for our business. If, at our request, you
send certain specific submissions (for example contest entries) or without out
a request from us you send creative ideas, suggestions, proposals, plans, or
other materials, whether online, by email, by postal mail, or otherwise
(collectively, "Comments"), you agree that DEAF Inc. may, at any
time, without restriction, edit, copy, publish, distribute, translate, and
otherwise use in any medium any Comments that you forward to DEAF Inc. DEAF
Inc. is and shall be under no obligation (1) to maintain any Comments in
confidence; (2) to pay compensation for any Comments; or (3) to respond to any
Comments. DEAF Inc. has the right but not the obligation to monitor and edit or
remove any Comments.
You agree that your Comments will not
violate any right of any third party, including copyright, trademark, privacy
or other personal or proprietary right. You further agree that your Comments
will not contain libelous or otherwise unlawful, abusive or obscene material,
or contain any computer virus or other malware that could in any way affect the
operation of the Site. You may not use a false e-mail address, pretend to be
someone other than yourself, or otherwise mislead DEAF Inc. or third parties as
to the origin of any Comments. You are solely responsible for any Comments you
make and their accuracy. DEAF Inc. takes no responsibility and assumes no
liability for any Comments posted by your or any third party.
Personal Information Submitted Through the Site
Your submission of personal information
through the Site is governed by our privacy policy, which can be reached by
clicking on the "Privacy Policy" link located in the footer section
of the Site (the "Privacy Policy"). This Agreement incorporates by
reference the terms and conditions of the Privacy Policy.
Copyright Complaints
DEAF Inc. respects the intellectual
property of others. If you believe that your work has been copied in any way
that constitutes copyright infringement, please contact us.
Product Information
The prices displayed on the Site are
quoted in U.S. Dollars.
Certain products may have limited
quantities.
Errors, Inaccuracies, and Omissions
Occasionally there may be information
on our Site that contains typographical errors, inaccuracies, or omissions that
may relate to product descriptions, pricing, promotions, offers, and
availability. We reserve the right to correct any errors, inaccuracies or
omissions and to change or update information or cancel orders if any
information on the Site is inaccurate at any time without prior notice
(including after you have submitted your order).
Colors
We have made every effort to display as
accurately as possible the colors of our products that appear at the Site. We
cannot guarantee that your computer monitor's display of any color will be
accurate.
Links to Other Web Site and Services
The Site may contain links to other Web
Sites that are not under the control of DEAF Inc. DEAF Inc. has no
responsibility for the linked Web Site nor does linking constitute an
endorsement of any linked Web site. Links are provided solely for the
convenience and information of the Site's users.
Disclaimer
The materials on the Site are provided
"as is" without warranties of any kind, either express or implied,
including without limitation, warranties of title, implied warranties of
merchantability, fitness for a particular purpose or non-infringement of
intellectual property. DEAF Inc. expressly disclaims any duty to update or
revise the materials on the Site, although DEAF Inc. may modify the materials
at any time without notice. Your use of the Site is at your sole risk, and you
assume full responsibility for any costs associated with your use of the Site. DEAF
Inc. shall not be liable for any damages of any kind related to your use of the
Site.
Indemnification
You agree to defend, indemnify and hold
DEAF Inc. harmless from and against any and all claims, damages, costs and
expenses, including attorneys' fees, arising from or related to your use of the
Site and/or your breach of any representation, warranty, or other provision of
the Agreement.
Dispute Resolution
Mindful of the high cost of litigation,
not only in dollars but also in time and energy, both you and DEAF Inc. agree
to the following dispute resolution procedure: In the event of any controversy,
claim, action or dispute arising out of or related to any transaction conducted
on the Site, or the breach, enforcement, interpretation, or validity of this
Agreement or any part of it ("Dispute"), the party asserting the
Dispute shall first try in good faith to settle such Dispute by providing
written notice to the other party (by first class or registered mail)
describing the facts and circumstances (including any relevant documentation)
of the Dispute and allowing the receiving party 30 days in which to respond to
or settle the Dispute. Notice shall be sent
(1)to DEAF Inc. at 25 E. Frisco Avenue, St. Louis, MO 63026, Attn: Executive Director, or
(2) to you at: your last-used billing address or the billing
and/or shipping address in your online profile.
Both you and DEAF Inc. agree that this
dispute resolution procedure is a condition precedent, which must be satisfied
prior to initiating any litigation or filing any claim against the other party.
Choice of Law
This Agreement shall be construed in
accordance with the laws of the State of Missouri, without regard to any
conflict of law provisions. Any dispute arising under this Agreement shall be
resolved exclusively by the state and/or federal courts of the State of Missouri,
County of St. Louis. The waiver of any provision of the Agreement shall not be
considered a waiver of any other provision or of DEAF Inc.'s right to require
strict observance of each of the terms herein. If any provision of the
Agreement is found to be unenforceable or invalid for any reason, that
provision shall be severable, and all other provisions shall remain in full
force and effect. This Agreement constitutes the entire agreement between us
relating to your use of the Site.
Termination
These terms are effective unless and
until terminated by DEAF Inc. DEAF Inc. also may terminate this Agreement at any time without
notice, and accordingly may deny you access to the Site, if in our sole
judgment you fail to comply with any term or provision of the Agreement. The
obligations and liabilities of the parties incurred prior to the termination
date shall survive the termination of this Agreement for all purposes.
