Updated October 2015
All text, graphics, images, video, audio, charts, widgets, user interfaces, visual interfaces, trademarks, logos, software code, and other copyrighted or otherwise proprietary content (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the DCC Site is owned, controlled, or licensed by or to DCC, and is protected by trade dress, copyright, patent and trademark laws, and various other U.S. and international intellectual property rights and unfair competition laws.
You may use information and materials purposely made available by DCC for downloading from the DCC Site, provided that you: (1) do not remove any proprietary notice language in all copies of such documents; (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; (3) make no modifications to any such information; and (4) do not make any additional representations or warranties relating to such documents. Such information and materials are provided to you on a nonexclusive, personal, nontransferable, revocable, and limited basis only.
DAVID C COOK ® and related logos and marks, and other trademarks, service marks, names and logos used on the DCC Site are owned by DCC or its licensors or affiliates. All rights not expressly granted are hereby reserved.
Your DCC Account is personal to you. You are responsible for maintaining the confidentiality of your DCC Account and password and for restricting access to your DCC Account, and you agree to accept responsibility for all activities that occur under your DCC Account. DCC reserves the right to refuse service, terminate or disable the DCC Site (or any portion of the DCC Site) or any DCC Accounts, remove or edit Content, or cancel orders in its sole discretion. You must notify DCC immediately of any breach of or unauthorized use of your DCC Account.
Purchases; Other Terms and Conditions
DCC’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this DCC Site should be construed to alter such agreements, provide additional warranties, or create additional obligations on the part of DCC.
You must input a valid credit card number and expiration date before you will be allowed to purchase any items from the DCC Site, and you do hereby represent and warrant that you are authorized to use the credit card. You do hereby authorize DCC to charge your credit card for all expenses incurred on your DCC Account. If you dispute any charge on your DCC Account, then you must contact DCC within 10 days of your receipt of your statement containing the disputed charge. All denials of a transaction by your bank, all holds, and all other similar issues are your sole responsibility and should be dealt with between you and your bank. DCC takes reasonable steps to ensure that all data transmitted by DCC is done safely and privately; however, despite those steps, DCC cannot guarantee the complete security of all credit card and other data transmitted by DCC or its processor. Please review the DISCLAIMERS and LIMITATION OF LIABILITY sections set forth below, which are applicable to each user’s use of the DCC Site, including the transmission of credit card and other data.
DCC may make changes to any Content, products, services or features offered on the DCC Site, or to the applicable prices for any such Content, products, services or features, at any time, without notice. DCC attempts to be as accurate as possible. However, DCC does not warrant that product descriptions or other information about any DCC product or service is complete, reliable, current, or error-free. DCC reserves the right to cancel any transaction up until the time the item is shipped. All items purchased from DCC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon DCC’s delivery to the carrier.
The DCC Site may use encryption technology to protect information from access by unauthorized third parties. DCC AND ITS RELATED PARTIES PROVIDE NO GUARANTY, REPRESENTATION, OR WARRANTY, WHETHER EXPRESS OR IMPLIED (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), THAT THE ENCRYPTION TECHNOLOGY WILL OPERATE AS INTENDED OR THAT A THIRD PARTY WILL NOT BE ABLE TO ACCESS INFORMATION. If you have any concern about sending any information over the Internet or otherwise communicating with DCC, then you should use an alternative means of submission. By sending information over the Internet in connection with your use of the DCC Site, you agree to indemnify and hold harmless DCC, its officers, directors, employees, contractors, agents, affiliates, and assigns from and against all claims arising out of or relating to any failure of the encryption technology to protect your information.
Links to Other Sites
This DCC Site may contain links to third-party web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under DCC’s control, and DCC is not responsible for the practices, content, security, privacy policies or practices of the Linked Sites and does not endorse (and cannot censor or edit) the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Your Use of the DCC Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the DCC Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the DCC Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the DCC Site. DCC reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the DCC Site, or any other systems or networks connected to the DCC Site or to any DCC server, or to any of the services offered on or through the DCC Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the DCC Site or any network connected to the DCC Site, nor breach the security or authentication measures on the DCC Site or any network connected to the DCC Site. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the DCC Site, or any other customer of DCC, including any DCC Account not owned by you, to its source, or exploit the DCC Site or any service or information made available or offered by or through the DCC Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the DCC Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the DCC Site or DCC’s systems or networks, or any systems or networks connected to the DCC Site or to DCC.
You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the DCC Site or any transaction being conducted on the DCC Site, or with any other person’s use of the DCC Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to DCC on or through the DCC Site or any service offered on or through the DCC Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
DCC DOES NOT PROMISE THAT THE DCC SITE OR ANY CONTENT, PRODUCT, SERVICE OR FEATURE OF THE DCC SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE DCC SITE WILL PROVIDE SPECIFIC RESULTS. THE DCC SITE AND ITS CONTENTS ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. DCC CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE DCC SITE OR ELECTRONIC COMMUNICATIONS SENT FROM DCC WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DCC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. DCC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE DCC SITE AND/OR ANY DCC SERVICES. YOU EXPRESSLY AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE DCC SITE OR A DCC ACCOUNT AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST DCC FOR DISSATISFACTION WITH THE DCC SITE OR ANY CONTENT IS TO STOP USING THE DCC SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
DCC reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the DCC Site, or any portion of the DCC Site or DCC Account, for any reason; (2) to modify or change the DCC Site or any portion of the DCC Site; and (3) to interrupt the operation of the DCC Site, or any portion of the DCC Site or a DCC Account, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will DCC (or its directors, officers, employees, contractors, agents affiliates or assigns) be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if DCC has been advised of the possibility of such damages.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold DCC, its officers, directors, employees, contractors, agents, affiliates and assigns, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against DCC by any third party due to or arising out of or in connection with your use of the DCC Site. This obligation shall survive your use of the DCC Site.
DCC may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the DCC Site, or to identify, contact or bring legal action against someone who may be causing injury to or interfering with (either intentionally or unintentionally) the DCC Site, Content, DCC’s rights or property, or the rights or property of visitors to or users of the DCC Site, including DCC’s customers. DCC reserves the right at all times to disclose any information that DCC deems necessary to comply with any applicable law, regulation, legal process or governmental request. DCC also may disclose your information when DCC determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that DCC may, in its sole discretion and without prior notice, terminate your access to the DCC Site or a DCC Account, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) discontinuance or material modification of the DCC Site or any service offered on or through the DCC Site, or (3) unexpected technical issues or problems.
Governing Law; Dispute Resolution
Void Where Prohibited
Although the DCC Site is accessible worldwide, not all Content, features, products or services discussed, referenced, provided or offered through or on the DCC Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. DCC reserves the right to limit, in its sole discretion, the provision and quantity of any Content, feature, product or service to any person or geographic area. Any offer for any Content, feature, product or service made on the DCC Site is void where prohibited. If you choose to access the DCC Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use, distribute, transmit, or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the DCC Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
DCC may provide access to international data and, therefore, may contain references or cross references to DCC products, programs and services that are not announced in your country. Such reference does not imply that DCC intends to announce or provide such products, programs or services in your country.
Feedback and Communications
Any feedback you provide at this DCC Site shall be deemed to be non-confidential. DCC shall be free to use such information on an unrestricted basis. By transmitting such feedback or information, you grant to DCC the perpetual, royalty-free right and license to use such feedback or information without further obligation to you.
When you visit the DCC Site or send emails or messages to us, you are communicating with us electronically. You thereby consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the DCC Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy all legal requirements that such communications be in writing. Further, by providing information to us, or by submitting a service request, you are requesting and expressly consent to being contacted by us via phone, fax, email, mail, or other reasonable means of communication, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial, or other applicable “Do Not Call” list, so that we may provide you with the services requested, to service your Account, to address matters pertaining to your Account, or for other purposes related to our business, including marketing.
You may contact DCC by writing, calling, or emailing us at the following:
David C Cook
4050 Lee Vance Dr
Colorado Springs, CO 80918
[Last updated October 26, 2015]