Terms of Service

By accessing or using any features of the site, including the purchase of products and services on the site located at dbroth.com and operated, you agree to be bound by these terms of service (collectively, ôTerms of Serviceö). All visitors to and users are bound by these Terms of Service. We reserve the right to modify the Terms of Service at any time without prior notice to you. Therefore, we recommend that you read these terms of service carefully each time you use this Web site.

Eligibility

The Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use or register on the Site. In the event we become aware you are under 18, we will terminate your registration.

Changes to the Site

You agree and understand that the DB Roth Site, including any and all features available via the Site and any User Content (as defined below), may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Site implemented after your initial access to the DB Roth Site shall be subject to these Terms of Service. We do not actively monitor, and undertake no obligation to monitor or modify, any reviews, information, content, data, text, links to third party websites,

Registration

In order to access some features of the Site, you may be required to register and to select a password and user name, which shall consist of an email address you provide and a screen name (ôUser IDö). If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. For example, you may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms of Service, which may result in immediate termination of your account. In addition, we reserve the right to refuse registration of, or cancel a User ID in our discretion.

Security

You shall be responsible for maintaining the confidentiality of your password, and you are fully responsible for all activities that occur under your User ID and password, whether or not you authorize such activities. Any User ID and password for your access to the DB Roth Site shall be for your personal, non-commercial use only. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.

Restrictions on Rights to Use

Without limiting the generality of any other provisions of these Terms of Service, you agree you shall not (and you agree not to allow any other individual or entity to):

download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the Site, except and to the extent expressly permitted under these Terms of Service;
remove any copyright, trademark or other proprietary rights notice contained in or on the Site;
use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the DB Roth Site;
collect any information about other Users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other Users;
reformat or frame any portion of any Web pages that are part of the DB Roth Site;
create user accounts by automated means or under false or fraudulent pretenses;
create or transmit to other Users unsolicited electronic communications, such as ôspam,ö or otherwise interfere with other Users' enjoyment of the DB Roth Site;
submit to the Site any content that falsely states or implies that such content is sponsored or endorsed by us;
transmit or upload to the Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the DB Roth Site, any other Web site, or any computer or other device or system, or the enjoyment of the DB Roth Site by any User;
use the Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
submit to the Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material, including any material deemed threatening or obscene;
copy or store any User Content offered on the Site other than for your personal, non-commercial use;
take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Site or the IT infrastructure used to operate and make the DB Roth Site available;
use the Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law; or
collect or store personal data about other Users in connection with the prohibited activities described in this paragraph.

Copyrights

If you believe any User Content or any other aspect of the Site infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. ñ512) by providing the following information:

A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the DB Roth Site;
Your address, telephone number and email address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner's behalf; and
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.

Email your notice to customerservice@dbroth.com

Disclaimer

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, AND OF ANY USER CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN ôAS ISö AND ôAS AVAILABLEö BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA THE SITE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE SITE, INCLUDING BUT NOT LIMITED TO USER CONTENT AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE SITE OR THE USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

DB Roth reserves the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your State is restricted or prohibited. In the event of a pricing error on the DB Roth Site, DB Roth reserves the right to cancel any orders resulting from such pricing errors.

To properly serve all customers, DB Roth reserves the right to limit quantities. In this case, only one (1) of this limited quantity items may be placed in your shopping cart. DB Roth further reserves the right to cancel multiple orders of the limited quantity item purchased by the same User and/or shipped to the same delivery address.

DB Roth may display advertising prints for products sold through the DB Roth Site. DB Roth attempts to display the colors of the products shown on the DB Roth Site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display color depends, in part, upon the monitor used by you.

Limitation on Liability

IN NO EVENT SHALL DB Roth or their MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE OR IMPROPER USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE, OR THE DISCLOSURE OR MISUSE OF ANY USER'S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, DB RothÆs RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE DB ROTH SITE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE DB Roth SITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

Indemnity

As a user, you agree to indemnify and hold DB Roth and their respective affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to the DB Roth Site, (ii) your use of the DB Roth Site, (iii) your violation of these Terms of Service, (iv) any use of your User ID or password by you or any third party, or (v) the infringement or other violation by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.

Placing an Order

You may purchase merchandise from the DB Roth Site by using any one of the payment options listed in Payment Options. DB Roth reserves the right to change its payment procedures at any time without prior notice to you.

DB Roth charges sales tax for merchandise ordered on the DB Roth Site based on the applicable state sales tax rate and the location to which the order is being shipped.

Once your order is submitted to us, we cannot change or cancel an order until your merchandise is received by you. All returns of merchandise are subject to DB Roth return policy, available under Returns/Cancellations.

Changes to Terms of Service

We reserve the right to make changes at any time to these Terms of Service. Any modifications to the Terms of Service will be effective upon posting. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the DB Roth Site after any modifications indicates your acceptance of the modified Terms of Service.

Disputes

Any dispute relative to the DB Roth Site or use or inability to use the DB Roth Site will be governed by the laws of the State of New Jersey, without regard to its conflict of law provisions. Any dispute relating in any way to your visit to or participation on the DB Roth Site shall be submitted to confidential arbitration in Chicago, Illinois, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of New Jersey, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Service shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Service shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration involving any other party subject to these Terms of Service, whether through class arbitration proceedings or otherwise.

Applicable law

By visiting DB Roth Site, you agree that the laws of the State of New Jersey, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and DB Roth Site.

Miscellaneous

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service, and you do not have any authority of any kind to bind DB Roth in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms of Service, by email, regular mail, or postings on the DB Roth Site. These Terms of Service, which shall be deemed accepted by you upon your use of the DB Roth Site, constitute the entire agreement among you and DB Roth regarding use of the DB Roth Site. DB Roth' failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable. These Terms of Service are not assignable, transferable or sublicensable by you, except with our prior written consent. The headings in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service include and incorporate the Privacy Policy for the DB Roth Site and any notices regarding the DB Roth Site.

Contact and Violations

Please contact us with any questions regarding these Terms of Service. Please report any violations of the Terms of Service to customerservice@dbroth.com