4. Disclaimers of Warranties
Web Site. THIS WEB SITE IS PROVIDED BY US “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES ARISING FROM USAGE OF TRADE OR COURSE OF DEALING. Products, Programs and Services. Products, programs and services sold by DatesWeiser, or its affiliates through the DatesWeiser Web Site are subject to the terms, warranties and representations, if any, outlined in the DatesWeiser Selling Policy. Unless otherwise expressly provided for in the DatesWeiser Selling Policy, WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCT, PROGRAM OR SERVICE SOLD, INCLUDING BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES ARISING FROM USAGE OF TRADE OR COURSE OF DEALING. Furthermore, termination, return or cancellation of any product, program or service and refunds, if any, are governed by the applicable DatesWeiser Selling Policy. THESE DISCLAIMERS OF WARRANTIES APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE DATESWEISER WEB SITE, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, PRODUCT LIABILITY OR UNDER ANY OTHER CAUSE OF ACTION. BECAUSE SOME STATES DO NOT ALLOW SOME OR ALL DISCLAIMERS, THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. IN SUCH STATES, WARRANTIES SHALL BE DISCLAIMED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
5. Limitation of Liability
(a) This site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties. We are providing these links solely as a convenience. The appearance of a link does not imply our endorsement, nor are we responsible for the content of any linked site. You access linked sites at your own risk. (b) You may only provide a hypertext link to the DatesWeiser Web Site on another web site, if you comply with all of the following: (a) the link must be a text-only link clearly marked “DatesWeiser.com” or “www.DatesWeiser.com”; (b) the link must “point” to the URL “www.DatesWeiser.com” and not to other pages within the DatesWeiser Web Site; (c) the link, when activated by a user, must display the DatesWeiser Web Site full-screen and not within a “frame” on the linking web site; and (d) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name and trademarks or create the false appearance we are associated with or sponsor the linking web site. We reserve the right to revoke our consent to any link at any time in our sole discretion.
7. System Integrity
You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs or other malicious code, intended to damage or interfere with the proper working of the DatesWeiser Web Site or to surreptitiously intercept or expropriate any system, data or personal information from the DatesWeiser Web Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks or “spam” or similar unsolicited mass e-mailing techniques.
8. Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the site and your purchase of the items on the site. You must be 18 years or older to use this web site.
9. User Content, User Communications, Feedback and Submissions
10. Product Information, Sales, Availability, Payment and Returns
All prices displayed on this web site are quoted in U.S. dollars and are valid and effective only in the United States. We charge sales tax on all shipments where applicable. Freight is additional. Contact DatesWeiser Customer Service with any questions at 716.891.1700 or customerservice@datesweiser. We reserve the right without prior notice to discontinue or change specifications and prices on products, programs and services offered on this web site without incurring any obligations (although changes to specifications and pricing will not affect orders placed prior to the change). All products displayed on this web site are available while supplies last. Furthermore, not all products, programs and services are available in all areas. Please confirm availability prior to purchasing any product, program or service. We reserve the right to cancel a sale and issue a return authorization for merchandise that is unexpectedly out of stock, does not conform to specifications, or is advertised or shipped in error. We reserve the right to limit the order quantity on any item and/or refuse service to any customer without prior notification. Please note that while we have tried to accurately display the appearance of products, the actual colors and images you see will depend on your monitor and may not be accurate. Descriptions of, or references to, products or services on the DatesWeiser Web Site do not imply endorsement of that product, program or service, or constitute a warranty, by us. If you are having a problem with product, program or service purchased through the DatesWeiser Web Site, please refer to the procedures outlined in the DatesWeiser Selling Policy. If an exception to the DatesWeiser Selling Policy applies to a particular product, program or service, it will be noted on the corresponding page of the DatesWeiser Web Site. You should carefully review the DatesWeiser Selling Policy before purchasing products, programs or services from us.
12. Termination of Usage
14. Governing Law and Jurisdiction
15. State Specific Legal Notices
16. Other General Provisions
17. How to Contact Us
Buffalo, New York 14212