Legal Matters - DLA Designs, LLC

PLEASE READ THESE TERMS AND CONDITIONS THOROUGHLY BEFORE PLACING AN ORDER. THE TERMS AND CONDITIONS INCLUDE THE MATTERS CONTAINED IN THE SECTIONS “RETURNS”, “OWNERSHIP OF CONTENT AND SUBMISSIONS/RULES FOR MAKING SUBMISSIONS” AND THE “PRIVACY STATEMENT” AS IF EACH WAS SET FORTH UNDER THESE TERMS AND CONDITIONS.

DO NOT PLACE AN ORDER UNLESS YOU UNDERSTAND THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THIS WEBSITE AND THE PRUCHASE OF MERCHANDISE FROM IT. PLEASE NOTE THAT YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS. THIS WEBSITE IS AVAILABLE FOR INDIVIDUALS AGED 13 YEARS OR OLDER. IF YOU ARE 13 BUT UNDER THE AGE OF IS, YOU SHOULD REVIEW THESE TERMS AND CONDITIONS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND THESE TERMS AND CONDITIONS.

YOU UNDERSTAND THAT BY USING THIS WEBSITE, YOU MAY ENCOUNTER CONTENT THAT MAY BE DEEMED OFFENSIVE, INDECENT OR OBJECTIONABLE BY SOME PERSONS. THIS CONTENT MAY OR MAY NOT BE IDENTIFIED AS HAVING EXPLICIT LANGUAGE. NEVERTHELESS, YOU AGREE TO USE THIS WEBSITE AT YOUR SOLE RISK AND DLA DESIGNS LLC SHALL HAVE NO LIABILITY TO YOU FOR CONTENT THAT MAY BE FOUND TO BE OFFENSIVE, INDECENT OROBJECTIONALABLE. Your Information You agree to provide accurate, current and complete information required to sell merchandise to you. You agree to comply with all local, state, federal and international laws, statutes, ordinances and regulations that apply to your use of this Website and the purchase of merchandise. Third Party Materials We provide links to certain third-party websites. You acknowledge and agree that we are not responsible for examining or evaluating the content or accuracy of any third-party websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility for any third-party materials or websites. Links to other websites are provided solely as a convenience to you. You further agree that you will not use any third-party materials or websites in a manner that would infringe or violate the rights of any other party and that we are not in any way responsible for any use by you of these materials or websites.

Payment Terms We accept Visa, Mastercard and American Express. All credit card orders will be charged before shipment.

Shipping You are responsible for all shipping and freight charges. Risk of loss regarding the merchandise will shift to you as soon as we have placed an order with either UPS, Federal Express, the U.S. Mail or another reputable carrier. When an order is received prior to 1:00 PM (Pacific Standard Time) on a weekday, we will try to ship within 48 hours, subject to availability. Inventory will fluctuate on seasonal items. We will not be responsible for shipping delays caused by a carrier. Shipping charges may be billed separately on credit card orders.

You must notify us at time of purchase if a signature is required for residential deliveries. We are not liable for any lost or stolen goods that are delivered to a residence without requiring a signature.

When you choose "ship my items as soon as they become available" at time of checkout, and a mixture of in-stock and backordered items have been ordered, we will ship twice on a single order. The first shipment will consist of in-stock items available at the time the order is placed. The second shipment will not occur until all backordered line items are in stock. Freight is complimentary on backordered items.

All suspect orders are subject to verification; this is done for your protection. Suspect orders will be held until verified.

Prices, Quantities, Styles, Colors Prices are subject to change without notice. All merchandise will be shipped at the prices in effect at the time of shipping. DLA Designs LLC reserves the right, at its sole discretion, to change or discontinue styles, colors, sizes or fabrics. All orders are subject to availability. Applicable sales tax will be added for all sales to California residents or as otherwise required by applicable law.

Promotional Codes, Coupons, Discounts Discounts can not be combined with any other promotional offer at time of redemption, nor can they be applied to previous purchases or gift certificates. Discount does not apply to tax, shipping and handling, or similar processing charges. Original discount amount will be deducted from the value of all returned items purchased with a discount at time of purchase (e.g. promotional codes, coupons, etc.).

DISCLAIMER OF WARRANTIES

WE CANNOT GUARANTEE VARIANCES IN COLOR, SHADE, SIZE AND CONSTRUCTION OF STOCK MERCHANDISE. WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. ALL THESE WARRANTIES ARE DISCLAIMED AND EXCLUDED FROM ANY AND ALL TRANSACTIONS BETWEEN US AND SHALL NOT APPLY TO THE MERCHANDISE.

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE WEBSITE OR THE PURCHASE OF MERCHANDISE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE WEBSITE FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE WEBSITE IS AT YOUR SOLE RISK. FOR EXAMPLE, WE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF INFORMATION IS AT YOUR SOLE RISK, AND WE DISCLAIM ANY AND ALL LIABIITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO THE SUBMITTED INFORMATION. ALSO, WE DO NOT REPRESENT OR GUARANTEE THAT THE WEBSITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTEREFERNECE, HACKING OR OTHER SECURITY BREACHES, AND WE DISCALIM ANY LIABIITY RELATING THERETO.

LIMITATION ON LIABILITY

YOU ACKNOWLEDGE THAT IN NO EVENT SHALL DLA DESIGNS LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR PERSONAL INJURIES OR DEATH RESULTING FROM USE OF THE WEBSITE OR THE PURCHASE OF MERCHANDISE. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR THE LIMIATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; IN THAT EVENT, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNITY

BY USING THE WEBSITE, YOU AGREE TO INDEMNIFY AND HOLD DLA DESIGNS LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS CONTRACTORS AND LICENSORS HARMLESS WITH RESEPCT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE WEBSITE OR ANY ACTION TAKEN BY US AS PART OF ANY INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMET OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OFT HIS AGREEMENT HAS OCCURRED.

Jurisdiction/Governing Law We are headquartered in the State of California, United States of America. These Terms and Conditions shall be governed by and interpreted under the laws of the State of California (without regard to its conflicts of laws principles) and the federal laws of the United States of America. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

You expressly agree that exclusive jurisdiction for any dispute resides in the courts of the State of California and you further agree and expressly submit to the personal and exclusive jurisdiction of the courts of the County of Los Angeles, State of California in connection with any dispute including any claim involving the merchandise or DLA Designs LLC or its affiliates, subsidiaries, employees, contractors, officers, directors.

Force Majeure Neither of us shall be liable to the other for delays in performance of its obligation hereunder caused by acts of God, war (declared or undeclared), government regulation, terrorism, disaster, strikes, civil disorder, curtailment of transportation facilities, or similar occurrence beyond the party's control, making it impossible, illegal, or commercially impracticable for one or both of us to perform its obligations, in whole or in part.

Miscellaneous These Terms and Conditions constitute the entire agreement between us, superseding any prior agreements or understandings. The failure by us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of that right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms and Conditions must be filed within one (1) year after the claim or cause of action arose or it will be forever barred. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. We are not responsible for any typographical errors.

Please direct any questions or comments regarding the Terms and Conditions to: info@DLAdesigns.net

RESERVES THE RIGHT TO AMEND OR MODIFY THESE TERMS AND CONDITIONS OF SALE AT ANY TIME AT ITS SOLE DISCRETION. YOUR USE OF THIS WEBSITE AFTER ANY AMENDMENT OR MODIFICATION SHALL CONSTITUTE YOUR AGREEMENT TO ABIDE BY THE TERMS AND CONDITIONS AS MODIFIED AND AMENDED.

OWNERSHIP OF CONTENTS AND SUBMISSIONS

The materials and products available through this Website, including images, illustrations, designs, icons, photographs, video clips and written and other materials are the property of DLA Designs LLC or its licensors, and are protected by United States copyright and trademark laws as well as other state, federal and international intellectual property laws. The Website is intended solely for the personal and non-commercial (except for the purchase of merchandise from our Website) use by the users. You may view, copy and print pages from the Website only (1) for personal use, provided that you maintain all copyright, trademark, and other proprietary rights or notices, (2) as a personal shopping resource, (3) for communicating with DLA Designs LLC about a company product or service, or (4) for placing an order with DLA Designs LLC. Otherwise, you may not use, reproduce, download, store, post, broadcast, transmit, modify, sell or make available content from the Website, including any graphics and html code without the prior written approval of DLA Designs LLC. By continuing to use the Website, you acknowledge your understanding of, and consent to these requirements.

All comments, feedback, suggestions, ideas and other submissions, including any designs, photographs, images and names in connection therewith (collectively, “Submissions”) submitted or otherwise disclosed to DLA Designs LLC, including through your use of this Website, shall be and remain the property of DLA Designs LLC in perpetuity. By making, posting or otherwise delivering Submissions to DLA Designs LLC, through the Website or otherwise, you agree that the content of the Submissions shall be assigned to DLA Designs LLC, royalty-free and in perpetuity. DLA Designs LLC will be under no obligation to you or any third party to maintain any Submissions in confidence, to pay any compensation for the Submissions or to respond to any Submissions. As a consequence, DLA Designs LLC will be able to reproduce, distribute, transmit, publicly perform and publicly display the Submissions, in whole or in part, in any manner and media, (b) modify, adapt, translate and create derivative works from the Submissions, in whole or in part, in any manner and media, and (c) sublicense the foregoing rights, in whole or in part, to any third party, with or without a fee.

PRIVACY STATEMENT

IVP Designs recognizes that it must maintain and use customer information responsibly. IVP Designs will not rent or sell your e-mail address for any reason. We do not share credit card information with third parties except as set forth in this section.

If you are under the age of 13, you are not allowed to submit any personal information to us. IVPdesigns.com is intended for use by individuals 13 years of age and older.

When you make a purchase, we share information about you and your transaction with other companies for the purpose of processing your transaction, including vendor direct shipping and credit card authorization.

DLA Designs LLC collects customer information in an effort to improve our customer's shopping experience and to communicate with our customers about our products, services and promotions. We collect information such as your name, e-mail and/or postal address, and credit card numbers that you provide to us when you place an order, when you save your information with us or when you participate in a sweepstakes, promotion or survey. DLA Designs LLC will use the information collected online to process and fulfill your order. We also collect e-mail addresses at various locations within the site (including when you place an order) so that we can send you any necessary e-mail messages related to your order - such as an order confirmation notice. In addition, we maintain a record of your product interests, purchases and whatever else might enable us to enhance and personalize your shopping experience. We also monitor site use and traffic patterns to improve our web site design and the products and services we offer.

Like other companies, DLA Designs LLC may use third party advertising companies to place ads (e.g. banners or links) on its behalf. These companies may employ cookies and action tags to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is anonymous.

In many of these cases, the third parties will be receiving your information because you will be visiting their web sites or using their links and you may provide information directly to them. Therefore, please refer to their privacy policies to understand how each handles your information and the choices that you have with regard to this use of your information.

DLA Designs LLC may share your personal information with outside companies that perform services for us. For example, we may retain an outside company to manage a database containing certain customer information or to create and distribute an email offering. In those situations, the outside party is performing work for IVP Designs and we will take appropriate steps to make sure that your information is used only for these purposes.

Additionally, DLA Designs LLC may share account or other information when we believe it is necessary to comply with law or to protect our interests or property. This may include sharing information with accountants, attorneys, governmental agencies, insurers or financial institutions and in connection with the sale of certain assets to third parties.

If at any time you would like us to delete any of your personal information on file, go to info@DLAdesigns.net. Please make certain to give us your email address.

SECURITY

This site has security measures in place to protect the loss, misuse and alteration of the information under our control. In order to protect your credit card information from theft, our website runs on a secure server that supports the secure socket layer (SSL) protocol.