Terms and Conditions
Terms of Use
Yes, you have stumbled upon Dakota Houston, LLC's Terms of Use.
We know you rather listen to Jay-Z’s Bluepint than to skim through this boring thing, but bare with us, this legal stuff is quite important.
These Terms Of Use ("TOU" or "Terms of Use") govern your access to and use of this web site ("web site" or "site") operated by Dakota Houston, LLC., its parent companies, subsidiaries, or affiliates (collectively "Dakota Houston"). These Terms of Use are a legally binding agreement between you and Dakota Houston, LLC, and contain relevant information about your use of our site and our site. If you disagree to these Terms of Use, please cease to visit or use the site.
1. OWNERSHIP OF CONTENT,
INFORMATION, AND OTHER DATA
Dakota Houston, LLC web sites may offer featured pictures, articles,
information, digital images, text, data, games, surveys, contests, sweepstakes,
advertising, logos, trademarks and other forms of content (collectively
referred to hereinafter as "Content", but excluding specifically User
Content as defined below in this TOS) we intend to be of interest to our
visitors. Content may be in the form of text, data, music, sound, graphics,
images, pictures, photographs, videos, software or other forms later created or
not known at this time. Dakota Houston, LLC makes no warranties or
representations that the Content is appropriate, available, or legal to view,
access, transfer, or store. Except for User Content (as defined below), all
Content posted on or otherwise available on this site is owned by Dakota
Houston, LLC or used with prior authorization. Guests and visitors please feel
free to view the site, but you must understand and respect the rules,
restrictions, and intellectual property rights set forth in these TOU. Please
understand that downloading any software, transferring information, data or
images from this site, or any other Dakota Houston, LLC site, does not give you
any ownership, title, or other rights to such Content.
2. USE OF SITE RESTRICTIONS AND
REGULATIONS
As a condition of visiting, transferring data, or otherwise using this site,
you agree and acknowledge that you will not:
(i) Without the prior written consent of Dakota Houston, LLC, distribute,
modify, transmit, transfer, display, perform, reproduce, publish, re-publish,
license, create derivative works of, or sell any Content;
(ii) Display, submit, transfer, or transmit any User Content (as hereinafter
defined) that infringes any trademark, patent, proprietary information, intellectual
information, trade secret, copyright or other proprietary rights of any party,
or User Content that you do not have a right to make available under any
contractual or fiduciary relationships or law;
(iii) Transmit, display, transfer, or display any User Content that exceeds Dakota
Houston, LLC’s capacity limits or for which you do not own or have the
necessary and appropriate rights;
(iv) Transmit, display, transfer, or submit any spam, duplicate messages,
unauthorized advertisements, unauthorized promotions, surveys, contests,
giveaways, sweepstakes, ponzi schemes, chain letters, or pyramid schemes;
(v) Falsify headers, create a false identity, or otherwise forge or manipulate
identifiers in order to deceive others or disguise the true origin of any User
Content transmitted or transferred to or via the site;
(vi) Use any part, feature, or platform of the site to harass, threaten, bully,
defame, abuse, assault, stalk, bug, annoy or otherwise violate the rights of
any other entity or person, including but not limited to rights of publicity or
privacy;
(vii) Publish, transmit via the website, transfer via the web site, post,
display, offer, or disseminate any unlawful, profane, obscene, indecent,
terroristic, bully, grotesque, violent, or hateful User Content;
(viii) Collect, store, transfer, publish, post, sell, transmit, or disclose
personal information, personal user data, or any other Content, Information, or
Other Data without prior written consent from Dakota Houston, LLC
3. SITE SECURITY USE RESTRICTIONS
AND REGULATIONS
Dakota Houston, LLC takes the security of this web site and all of its other
web sites very seriously. Dakota Houston, LLC reserves the right to refuse site
access, service, or products to anyone, and to investigate any violations of
its host, system, network or web site security, to actively involve and
cooperate with law enforcement authorities in investigating such violations,
and to prosecute violators to the fullest extent of the law.
In addition to the TOS and privacy restrictions set forth herein above and
below, you will not:
(i) attempt to interfere or interfere with the working of this web site, host,
network, or any service or activities on this web site by using any robot,
"bot", system, “phish”, DDoS attack, spider, crawler, scraper,
engine, device, software, bug, tool, routine or any other automated device or
manual process of any like or kind without our written permission or consent,
or participate, start, or engage in any activity which interferes with the
working of or access to this site or to any network or host;
(ii) attempt to or access information or data not intended for you or log onto
a network, server, host, or account that you are not authorized to access;
(iii) access or attempt to access any system, host, network, or servers on
which the site is hosted or modify or alter the site in any way;
(iv) upload or otherwise transmit or transfer files that contain viruses,
worms, Trojan horses, malicious code, spyware, scripts, adware, sniffers, key
loggers, corrupted files, or similar software, systems, bugs, scripts, or
programs;
(v) Prevent, restrict, restrain, hamper, or hinder any other user from using
the site and/or any products, services, systems, software, platform, program,
or Content posted on or offered throughout the site;
(vi) Post, upload, transmit, or transfer User Content (as hereinafter defined)
that disrupts the proper working or normal flow of dialogue with an excessive
amount of User Content (flooding or DDoS attack) to the site, or that otherwise
negatively affects our Web site performance or other users' ability to use any Dakota
Houston, LLC web site; or
(vii) link to, frame, copy, overlap, duplicate, or otherwise reproduce this
site or any other Dakota Houston, LLC web site without the prior written
consent of Dakota Houston, LLC.
(viii) Attempt to, or use forged or fraudulent billing information, including
billing debit or credit card numbers, names, CVV protection codes, expiration
dates, zip codes, Paypal accounts, Paypal email addresses, or any other related
information to the credit card.
(ix) Attempt to, or “Phish”, or use fraudulent or forged contact information to
be a Dakota Houston staff impostor.
4. COPYRIGHT, TRADEMARKS, PATENTS,
AND OTHER PROPRIETARY RIGHTS
Copyright to all Content, information, and other data on the site is either
licensed to or owned by Dakota Houston, LLC. No Content, information, material,
or other data from this site may be copied, reproduced, published, republished,
uploaded, posted, displayed, transferred, transmitted, modified, used, abused,
or misused to prepare derivative works, published or republished, distributed
or redistributed in any way in any medium now known or later derived, created,
or invented, except that you may download one single copy of the authorized
content material on any single computer for your non-commercial personal home
use only, provided you retain all relevant and pertinent copyright and
proprietary notices. It is a violation of our copyright and proprietary rights
to attempt to change, modify, or adjust these materials or to use, misuse, or
abuse these materials for any other purpose than the original intent, and by
doing so may subject you to injunctive relief, statutory damages and other
penalties as related to the fullest extent of the law of the United States of
America. It is strictly prohibited to use of any such material on any other
internet or intranet web site or networked computer or data transmitting
environment without the express written consent or permission of Dakota Houston,
LLC.
Dakota Houston is a federally registered trademark within the United States of
America. All trademarks, logos, trade names or service marks (collectively the
"Marks") mentioned, used, or displayed on this site are either owned
by Dakota Houston, LLC or otherwise are authorized for our use. You may not
display or reproduce the Marks other than with the prior written consent of Dakota
Houston, LLC. You may not remove, obscure, or otherwise modify any copyright,
trademark, confidentiality or other proprietary rights notices displayed on,
embedded in, or otherwise appearing in any Content offered by, viewed on, or
received through this site or any other Dakota Houston, LLC web site.
5. HOW TO PROCEED WITH A COPYRIGHT
OR OTHER INFRINGEMENT CLAIM
Nothing contained herein shall be construed as conferring any license or right
under any copyright or any other intellectual property right, except as
provided and detailed above. Notices of alleged infringement that comply with
the Digital Millennium Copyright Act ("DMCA"), will be acted upon
appropriately and in and in a timely manner, including by removing, altering,
or disabling access to data, information, or other material claimed to be
infringing. Please notify our designated DMCA agent immediately at: [email protected] if you believe that your own intellectual property has been
improperly posted, distributed, or otherwise transmitted via this web site or
any other Dakota Houston, LLC web site. DMCA Notices must be in writing and
must include the following information:
i) an electronic or physical signature of either the copyright owner or the
person authorized to act on behalf of the copyright owner;
ii) the link, or URL, of the site and a detailed description of the specific
location(s) of where the material that you claim is infringing;
iii) a detailed written description of the copyrighted work that you claim has
been infringed;
iv) Your most recent contact information, including address, telephone number,
and email address;
v) a statement by you, made under good faith belief, that the copyright owner,
its agent, nor the law authorized the alleged infringing material;
vi) a statement by you, made under penalty of perjury, that either you are the
copyright owner or are acting on behalf of the copyright owner of an exclusive
right that is allegedly infringed, and that all the information in your Notice
is accurate.
6. USER CONTENT
As a guest, regular visitor, or registered user to our site, you may be able to
submit, post, or display data or information, anecdotes, suggestions, comments,
concerns, postings, questions, advertisements, polls, ratings, ideas,
techniques, notes, memoirs, diary entries, how-to or know how, do it yourself
or DIY, drawings, pictures, art, concepts, styles, avatars, designs, audio
visual media, photographs and pictures (including edited or unedited, pictures
of the user and other representations of the user's name and likeness), digital
images, digitally altered images, or other content, information, or other data
in any form or media whether mentioned above or not yet invented (collectively
"User Content"). By submitting, posting, uploading, or otherwise
transferring the User Content on any site, you represent and warrant that you
own and have unrestricted rights to the copyright in such User Content or that
you have a legitimate license to post the User Content, including photographs
or other audiovisual media. You hereby grant Dakota Houston, LLC an
unrestricted, transferable and sub-licensable, royalty-free, world-wide,
irrevocable, and fully perpetual license to reproduce, edit, distribute,
modify, publicly display, make derivative works of, and otherwise use the User
Content in any media or medium whatsoever known at this time or later invented,
created, or devised for any purpose whatsoever, commercial or not, by
submitting, transferring, transmitting, or uploading User Content on this site
or any Dakota Houston, LLC web site. You hereby disclaim any right to any form
of compensation from Dakota Houston, LLC in connection with Dakota Houston, LLC’s
exercise of its license rights in and to the User Content by submitting,
uploading, or otherwise transferring your content on our site or any other Dakota
Houston, LLC site. You agree and acknowledge that Dakota Houston, LLC shall not
be liable for any use or disclosure of any submitted, posted, uploaded,
transferred, or transmitted User Content to our site and is under no obligation
to you.
Dakota Houston, LLC reserves the right to review, delete, edit, modify, recall,
redact, or change any User Content at any time and from time to time, without
notice or further obligation to you and at the sole discretion of Dakota
Houston, LLC. Dakota Houston, LLC reserves the right to remove, delete, omit,
or otherwise cancel any display or post any submitted User Content. Dakota
Houston, LLC reserves the right to disclose any information or User Content
that Dakota Houston, LLC deems necessary or appropriate to satisfy any
applicable law, regulation, contractual obligation, legal, dispute process, or
governmental request. Dakota Houston, LLC has no obligation to monitor,
maintain, or otherwise edit this site or any User Content or any other portion
thereof. Dakota Houston, LLC shall have no liability in connection with any
User Content submitted, transmitted, transferred, displayed or otherwise posted
on this site or any other Dakota Houston, LLC sites.
7. ELIGIBILITY
You must meet any age, geographic location, or any other eligibility
requirements specified by each Dakota Houston, LLC site in order to subscribe
to a Dakota Houston, LLC service, newsletter, or any other promotional offer,
to place any order online, to participate in certain contests, games or
sweepstakes, or to access or participate in certain services at or areas of our
sites. By registering or signing up for each site, feature or service, you
agree and acknowledge that you comply with all applicable eligibility
restrictions including and any posted requirements. Some Web sites, ecommerce
sites, or site areas may require additional restrictions on all order related
details such as orders, payments, return policies, customer service, delivery
or lead times depending on each individual site policy.
8. E-COMMERCE ONLINE SHOPPING
Dakota Houston, LLC hopes and strives to attain, but does not and cannot
guarantee that you will be satisfied with products or services purchased from
us. Dakota Houston, LLC sites typically offer ecommerce or online purchase
order opportunities. Some Dakota Houston, LLC sites offer different order
related policies for visitors and registered users to place orders for products
or services either from Dakota Houston, LLC or from a third party (see section
10 below for more information regarding Third Party Sites). Dakota Houston, LLC
does not claim to, nor does it always design, make, or manufacture all products
sold online, but it primarily sells, distributes or ships products from its own
online stores. Delivery may not be available at your specific location and the
Third Party delivery service cannot guarantee all deliveries. Quantity for most
items is limited and is not guaranteed to be in stock. All orders are subject
to prior sale and neither Dakota Houston, LLC nor its vendors guarantee that
all orders will be filled.
9. PAYMENTS
A valid credit card or Paypal account is generally accepted for orders for
products or services. Dakota Houston, LLC and its business partners, in our
sole discretion, reserve the right to utilize other alternative payment methods
for products, orders, or services. You are solely responsible for monies owed
for all goods and services purchased through this site, including, but not
limited to, applicable taxes, VAT, Custom’s or Duty fees or taxes, localized
sales taxes, extra incurred shipping costs due to incorrect address information
entered by you, shipping charges, insurance, and any other associated costs.
10. THIRD PARTY SITES
This Web site may contain links to and from third-party sites, including but
not limited to sites operated by vendors, Paypal, promotional or business
partners, contests, giveaways, or other forms of promotions or advertisements.
Web sites and e-commerce operated by third parties are subject to terms and
conditions set by those specific sites, businesses or entities, so we highly
recommend you to be aware, read, and understand the Terms of Service and
Privacy Policy, conditions, and any other requirements of each site. Dakota
Houston, LLC does not always endorse. A link on this site does not and cannot
imply an endorsement of any individual, vendor, advertiser, or other third
party or any of their products, entity, or services. Dakota Houston, LLC has no
control over: (a) any products or services offered by or content of any Third
Party operated web sites; or (b) the safety, quality, legality, accuracy,
reliability, or any other performance related attribute of any item advertised
or listed by any third party, including, but not limited to, vendors,
advertisers, or other business partners. Dakota Houston, LLC does not confirm
the reliability, accuracy, or views of data and information provided by any
Third Party unless explicitly stated on the site. Dakota Houston, LLC only
wishes and strives to attain, but does not guarantee that you will be in any way
satisfied with any products or services purchased or gifted from vendors,
advertisers or other third parties that link to or from any Dakota Houston, LLC
web site. By using and interacting with this site, you agree and acknowledge
that Dakota Houston, LLC has not reviewed any or all of the sites linked to or
from this web site, does not endorse, is not responsible for, and under no
circumstances shall be liable for the contents, products or services of any
off-site pages or of any third party sites linked to or from this web site.
Your clicking or linking to any other off-site pages or other sites is at your
own risk. Vendors and advertisers are solely responsible for the accuracy of
the information they provide, for warranties and guarantees on goods or services
sold, for delivery lead times or schedule times, and for customer service and
return policies.
10. ONLINE COMMUNITY CODE OF CONDUCT
Dakota Houston, LLC may offer community features on its web sites via a wide
array of media, such as internal messaging systems, video message systems,
forums, chat rooms, or other public bulletin boards. Dakota Houston, LLC
reserves the right, under its sole discretion, but is not entitled to, monitor,
filter, censor, modify, remove, delete, edit or otherwise regulate information,
data, and content provided by third parties on this web site and other Dakota
Houston, LLC web sites, including information provided in community areas. User
Content posted or uploaded by users or third parties is not endorsed or
verified for accuracy or reliability by Dakota Houston, LLC. You agree to hold Dakota
Houston, LLC harmless from any liability associated with any User Content
posted by other users and other third parties. You agree that neither Dakota
Houston, LLC nor its officers, directors, employees, agents, licensors or
licensees are responsible for any User Content.
You represent and warrant that you
have the copyright ownership or authorization to use any User Content you
upload or post on this site, and you hereby assign those rights to Dakota
Houston, LLC in accordance with these Terms of Use. In addition to complying
with the restrictions set forth in these Terms of Use, you agree and
acknowledge that you will comply with the following rules when using,
uploading, or otherwise posting on this site:
(a) You will not use this web site to participate in any illegal purpose or
activity whatsoever, to damage any person or property, or to violate the rights
of any party, person, entity or business.
(b) Except as explicitly and specifically authorized on certain Dakota Houston,
LLC web sites and in designated sections or areas of Dakota Houston, LLC web
sites, you will not upload, email, transfer, or otherwise post User Content
anywhere on the site:
i) that has a commercial purpose or nature of, including, but not limited to,
offers to sell products or services, or attempts to solicit funds or to
advertise or promote in any way products, brands, or services
ii) that contains or constitutes affiliate or other marketing, spam posts or emails,
chain letters, Ponzi or pyramid schemes, unsolicited commercial advertisement,
behavioral or viral marketing, link referral code, scripts, or phishing
messages;
iii) to other users who have not indicated in writing that it is ok to contact
them about advertisements, other commercial services or interests, promotions,
or products;
iv) that includes links to commercial services or web sites, or not authorized
Third Party sites, companies, entities, or persons.
(c) You will not create any user names, handles, screen names, post or upload
User Content, use any email address, or otherwise transfer data that attempts
to impersonate or mimic any person or entity, including, but not limited to, a Dakota
Houston, LLC employee, or falsely states, forges, or otherwise misrepresents
your affiliation with a person, company, or other entity.
(d) You will not post or upload User Content that:
i. includes any personal or identifying information about another person
without that person's explicit written consent.
ii. is false, mis-informative, misleading, constitutes "bait and switch”,
or is otherwise deceitful
iii. promotes or advertises any illegal activity, product, or service, or the
sale, activity, or service of which is prohibited or restricted by any
applicable law
(e) You will not impose an unreasonable or disproportionately large amount of
data or information on our web site host, network, or servers by posting the
same or similar User Content multiple times either in the same or multiple
areas or sites.
(f) You will not use automated means, including spiders, robots, crawlers,
scrapers, data mining tools, or the like to: (i) download or upload or
otherwise transfer any kind of User Content to or from any Dakota Houston, LLC
web site; or (ii) use any type of service to submit postings or User Content on
any Dakota Houston, LLC web site without each individual posting being manually
entered by the original author, including, but not limited to, the use of any
automated posting device or any type of automated or manual service or
outsourced service to submit bulk or repetitive postings, or for any regularly
scheduled postings.
Dakota Houston, LLC reserves the right to regulate access, expand, modify, or
edit these rules in any specific community area on agreement with such rules,
as well as to specified eligibility criteria. Dakota Houston, LLC reserves the
right, in its sole discretion, and without any obligation, to delete, modify,
or edit any postings which violate its community code of conduct, to regulate
or deny access to its web site or services to any person suspected of violating
these rules, and to pursue legal action against violators to the fullest extent
of the law. Dakota Houston, LLC will assist any investigations of illegal
activity or violations of these TOS by law-enforcement officials.
11. PRIVACY POLICY
We strive to respect the privacy of our guests, visitors, and users. Please
view our Privacy Policy located on each Dakota Houston, LLC site. The terms and
conditions of our Privacy Policy and Terms Of User are hereby incorporated into
each other. By using our site, you agree and acknowledge both the Privacy
Policy and these Terms Of Use.
12. WARRANTY LIMITATIONS
We recommend you read and understand your local laws regarding the exclusion of
implied warranties.
THIS WEB SITE AND THE INFORMATION, CONTENT, DATA, PRODUCTS AND SERVICES IS
PROVIDED BY DAKOTA HOUSTON, LLC "AS IS", AND "AS
AVAILABLE", WITHOUT ANY KIND OF WARRANTY, EXPRESSED, IMPLIED OR STATUTORY.
DAKOTA HOUSTON, LLC DISCLAIMS ANY IMPLIED WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, AND MERCHANTABILITY.
13. LIABILITY LIMITATIONS
We recommend you read and understand your local laws regarding the exclusion of
implied warranties.
DAKOTA HOUSTON, LLC DOES NOT WARRANT OR GUARANTEE THAT THE CONTENT, PRODUCTS,
SERVICES, FUNCTIONS, OR MATERIALS AT OR CONTAINED WITHIN THE SITE WILL BE
AVAILABLE, READILY OR EVER AVAILABLE, UNINTERRUPTED, ERROR-FREE, THAT ANY
ERRORS OR DEFECTS WILL BE CORRECTED, THAT THIS SITE OR THE NETWORK, HOST, OR
SERVER THAT ENABLES THE SITE ARE FREE OF ANY HARMFUL COMPONENTS OR VIRUSES,
THAT ALL PRODUCTS AND SERVICES LISTED, SOLD OR ADVERTISED ARE AVAILABLE, THAT
THE ITEM LISTINGS WILL RELIABLY OR ACCURATELY DEPICT THE ITEM SOLD, OR THAT ALL
TRANSACTIONS WILL BE COMPLETED. DAKOTA HOUSTON, LLC AND ANY OF ITS OFFICERS,
DIRECTORS, STAFF, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS OR LICENSEES
WARRANT OR MAKE ANY REPRESENTATIONS AT ANY TIME THAT THE CONTENT, MATERIALS,
DATA, OR INFORMATION HOSTED ANYWHERE AT THIS SITE ARE ACCURATE, CORRECT,
COMPLETE, AND/OR RELIABLE.
IN ANY EVENT, REGARDLESS IF WE, SET FORTH BELOW, HAVE BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES SET FORTH BELOW, NEITHER DAKOTA HOUSTON, LLC NOR ANYONE
WHO PARTICIPATED OR ASSISTED TO DEVELOP, CREATE, PRODUCE, DISPLAY, TRANSMIT,
TRANSFER, OR OTHERWISE DELIVER THE CONTENT, MATERIAL, DATA, AND INFORMATION
USED AND PROVIDED IN THIS SITE BE LIABLE FOR ANY TYPE OF DAMAGE WHETHER LOST
PROFITS OR ANY SPECIAL, PUNITIVE, TREBLE, ENHANCED, INCIDENTAL OR CONSEQUENTIAL
ARISING OUT OF, EXCACERBATED, OR IN CONNECTION WITH, USE OR VISITING OF THIS
SITE, LINKS TO OR FROM THIS SITE, INFORMATION POSTED ON OUR SITE, OUR SERVICES,
ANY PRODUCTS OR SERVICES YOU PURCHASE, OR THIS AGREEMENT. IN NO EVENT SHALL OUR
LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES FOR ANY AND ALL
LOSSES, WHETHER MONETARY OR OTHERWISE, WHETHER IN CONTRACT, BREACH OF CONTRACT,
OR OTHERWISE, EXCEED THE MONETARY AMOUNT YOU PAID, IF ANY, FOR ACCESSING THIS
SITE.
14. INDEMNITY
Dakota Houston, LLC does not guarantee or warrant any accuracy or quality
whatsoever, and makes no representations regarding the use or results of use of
any Content on this site in terms of its accuracy, reliability or any other
matter, quality or otherwise. You assume the risk of their use and the entire
cost of all necessary loss, servicing, repair or correction as a result of
their use.
You agree to waive any and all claims, indemnify, and hold harmless from any
demands, lawyer and attorney’s fees, damages of any kind, whether known, not
yet discovered, disclosed, not disclosed, arising out of, or in any way
connected with the use of any information, data, User Content, or otherwise
content, or in any way related to a transaction performed, conducted, or
otherwise engaged on this site, or made by any third party due to or arising
out of your use of this web site, against Dakota Houston, LLC and its officers,
directors, staff, affiliates, employees, representatives, agents, licensors and
licensees with respect to:
i. the accuracy, quality, safety, legality, intellectual property compliance,
privacy policy, Terms of Use, or content of any information, User Content,
product or service offered by users, vendors, advertisers, promotional or
business partners or any third-party sites.
ii. the safety, quality, or otherwise use of any goods or services purchased or
sold on, via, or through this site, or the accuracy of any representation of
any items, goods, or services
iii. your breach of these Terms of Use or the documents that it incorporates by
reference, or your violation of any law or the rights of any third party in
connection with your use of this site.
North Carolina residents specifically agree and acknowledge to waive North
Carolina Civil Code Section 1542, which specifically states: "A general
release does not extend to claims which the creditor does not know or suspect
to exist in his or her favor at the time of executing the release, which if
known by him or her must have materially affected his or her settlement with
the debtor". North Carolina residents are entitled to specific consumer
rights information set forth herein: for consumer inquiries contact the Depart
of Consumer Affairs Consumer Information Center at (800) 952-5210 or [email protected], or you may contact the Department of Consumer Affairs by
writing at the following address: Department of Consumer Affairs, Consumer
Information Division, 1625 North Market Boulevard, Suite N 112, Sacramento, CA
95834.
16. TERMINATION OF SERVICE
Dakota Houston, LLC, at our sole discretion, without any notice to you at any
time, may eliminate, terminate, or otherwise regulate any Content or service
posted on or made available through any of our web sites.
Dakota Houston, LLC reserves the right, in its sole discretion, without issuing
or offering any other remedy, to immediately, temporarily, or permanently issue
you a warning, suspend, limit, regulate, or terminate your participation in the
site or any area of the site, and to refuse to0 provide any of our services to
you if:
i. you breach these TOU, privacy policy, or any of the rules or requirements of
any kind of this site or the services offered at this site
ii. if we are unable to verify or authenticate, by any of our verification and
authentication methods, any billing information you provide to us
iii. we believe or have any type or form of indication that your actions may
cause any type of damage, harm or legal liability to anyone including, but not
limited to, you, or to any vendor, Third Party, business partner, promotional
partner, advertiser, affiliate, other user, the general public, or us.
17. NOTICES
Unless explicitly stated otherwise in the site, and with the exception of
copyright infringement in Section 5 of this Terms of Service policy, you must
provide all notices or complaints to Dakota Houston, LLC via e-mail to [email protected]. All notices from Dakota Houston, LLC to you will be
delivered to the e-mail address you provide to us. Notice shall be deemed given
fourty-eight (48) hours after the e-mail is sent, unless we are notified that
the e-mail address is invalid. Dakota Houston, LLC reserves the right to send
you notice by mail via overnight carrier (with tracking), postage prepaid, to
the address you provided to us during any ordering or registration process. In
such event, notice shall be deemed given fourteen (14) days after the date of
mailing.
Dakota Houston, LLC is not liable for any mis-delivered packages, even with tracking, or for any lost emails due to any email filters, such as spam, or any other type of filter.
18. ARBITRATION
Notwithstanding the following sentences of this Section 18, Arbitration, Dakota
Houston, LLC may seek injunctive or other equitable relief in any United States
federal or state court having jurisdiction in the event of your violation of
these TOU and/or your infringement of Dakota Houston, LLC’s or any other
person, entity, or parties intellectual property rights.
Binding arbitration in accordance with the commercial rules of the American
Arbitration Association will be used to settle any controversy or claim arising
out of or relating to your use of the site or area thereof, or relating to
these TOU or the Privacy Policy, or to the services or products provided by Dakota
Houston. The arbitration shall be conducted in Macomb County, Michigan, and
judgment on the arbitration or award or reward may be entered into any court
having jurisdiction thereof. Any and all controversies or claims shall be
arbitrated on an individual basis, and whatsoever shall not be consolidated in
any arbitration with any other claim or controversy of any other person,
entity, or otherwise party.
19. INTENDED FOR USERS OVER 13
The Dakota Houston Web site is intended for use by individuals 18 years of age
or older. The Dakota Houston Web site is not directed for use by children under
the age of 18. Users under the age of 18 should get the assistance of a parent
or guardian to use this site.
20. PRODUCT DISPLAY/COLORS
The Dakota Houston Web site attempts to display product images shown on the
site as accurately as possible. However, we cannot guarantee that the color you
see matches the product color, as the display of the color depends, in part,
upon the monitor you are using.
21. ERRORS ON OUR SITE
Prices and availability of products and services are subject to change without
notice. Errors will be corrected where discovered, and Dakota Houston reserves
the right to revoke any stated offer and to correct any errors, inaccuracies or
omissions including after an order has been submitted and whether or not the
order has been confirmed and your credit card charged. If your credit card has
already been charged for the purchase and your order is cancelled, Dakota
Houston will issue a credit to your credit card account in the amount of the
charge. Individual bank policies will dictate when this amount is credited to
your account. If you are not fully satisfied with your purchase, you may return
it in accordance with Dakota Houston's Return Policy.
22. TERMS OF USE MODIFICATIONS
Dakota Houston, LLC reserves the right, in its sole discretion, at any time and
without notice to you, to change, modify, add, remove, or otherwise edit any
portions of these Terms Of Use, so we strongly suggest should check this site
or any other Dakota Houston, LLC web site that you use or frequent periodically
for any changes. Changes to these Terms Of Use shall be effective upon posting.
Your continued use of the site following the effective date of any changes to
these TOU constitutes your acceptance, acknowledgment, and agreement of those
changes.
20. PROVISIONS
(i) The headings, numbering, and ordering in our Terms of Service and Privacy
Policy are only for convenience, and are not in any way included in these Terms
Of Use and Privacy Policy to confine, limit, construe or describe the scope or
extent of any section.
(ii) If any provision of these Terms Of Use is held to be invalid or otherwise
unenforceable by a United States Court or the American Arbitration Association,
it shall be omitted without affecting the validity of any other portions of
these Terms Of Use or Privacy Policy.
(iii) No waiver by Dakota Houston, LLC of any violation of these Terms Of Use
by you shall comprise any waiver of this or any other provision of these Terms
Of Use or modify or regulate in any way our right to act with respect to prior,
simultaneous, or similar breaches.
(iv) Your complete understanding, agreement, and acknowledgement between you
and Dakota Houston, LLC with respect to your use of this site, products,
information, data, services, and any other type of offering, is constituted by
these Terms Of Use and Privacy Policy and any references and materials herein,
and may be modified at any time and at the sole discretion of Dakota Houston,
LLC per instructions included in these Terms Of Use and Privacy Policy.
(v) You acknowledge and agree that Dakota Houston, LLC, in providing this site,
products, and services, is not acting for you, or on behalf of you, or any
vendor, or any person, business or promotional partner, or advertiser, or any
Third Party, or any otherwise entity. You and our vendors, Third Party partners
or affiliates, agents, business or promotional partners, advertisers and any
other entity are independent contractors.
(vi) No agency, partnership, joint venture, fiduciary, employer/employee,
franchiser/franchisee, or any other form of relationship between Dakota
Houston, LLC and either you or any vendor, Third Party, business or promotional
partner, affiliate, or advertiser at this site is created or intended by these
Terms Of Use or Privacy Policy.
(vii) Dakota Houston, LLC may bring legal action to the fullest extent of the
law against you in any United States federal or state court having jurisdiction
in the event that Dakota Houston, LLC wishes to pursue injunctive or any
equitable relief as a result of your violation or infractions or infringements
of these Terms Of Use and/or your infringement of Dakota Houston, LLC’s
intellectual property rights or copyrights.
(viii) Any dispute arising out of or relating to your use of this web site and
your use of this web site will be governed by the laws of the State of Michigan,
irrespective of its conflicts of provisions of law