These Terms of Use (“Terms”) apply to your access to Denco.com (the “Website”) and to Websites of Denco Enterprises, Inc (Denco) that are linked directly or indirectly from this Website. Please read the following terms and conditions of use carefully before using this website. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
I. Ownership of Rights and Limitation of Use
All contents on this Website or the Subsites and all copyrights, trademarks and any other intellectual property rights related to these contents are owned or licensed by Denco or the owner of such contents. Except to the extent expressly permitted by applicable law, no contents on this Website or the Subsites may be used, copied, modified, translated, distributed or otherwise utilized without the prior permission of Denco or the owner of the contents. Denco reserves the right to add, delete, or modify these Terms or the contents of this Website or the Subsites at any time without notice.
II. Disclaimers of Warranties
This site and the contents, materials, products on this Website or the Subsites are provided “AS IS” without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law Denco disclaims all warranties, express or implied, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement of third parties’ rights. Denco does not warrant that the contents will be error-free or uninterrupted, that the defects will be corrected, or that the site or server that makes the site available are free of viruses or other harmful components. Denco will use reasonable efforts to place accurate and up-to-date information on this Website but makes no warranty or representations of its accuracy, adequacy, usefulness, reliability, completeness, timeliness or otherwise. Some states do not permit limitations or exclusions on warranties, so the above may not apply to you.
III. Disclaimer of Links
Except for this Website and the Subsites, Denco does not operate or maintain contents on Websites that are directly or indirectly linked from this Website or the Subsites (the “Linked Sites”). Any reference to a Linked Site or to a specific third party’s product or service on the Website, the Subsites, or a Linked Site, is not a recommendation by Denco. Denco disclaims liabilities for access to and use of Linked Sites. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
IV. Limitation of Liability
Denco is not liable for direct, indirect, incidental, consequential, punitive, or other damages (including, but not limited to, economic losses, lost profits, lost revenues, or lost data) arising out of the access to or inability to access to this Website, the Subsites or the Linked Sites, even if advised of the possibility of such damages.
V. Transmitted Materials
Any materials, information, or ideas that you transmit to or post to the Website or the Subsites (“Transmitted Material”) is deemed non-confidential and non-proprietary and Denco has no obligations including without limitation confidentiality obligations in connection with the Transmitted Material.
VI. Linking to the Website
Permission is granted to link to the Website if you comply with the following linking policy: your site must not slander or damage Denco or contain inappropriate content; you may not create a frame around Denco content or create any impression by any other method that the content does not belong to Denco; you must use our name correctly: This permission terminates automatically if you breach any terms or conditions of these Terms or any applicable terms of use on the Subsites. Upon termination, you must remove any link. Please place your link in the following way: “http://Denco.com”, you may place links to other pages on the Website, but specific pages or materials on the Website may have unique terms of use and you must comply with those terms.
VII. Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Denco products) shall be in the state or federal courts located in Palm Beach County, Florida. Denco’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Denco may assign its rights and duties under this Agreement to any party at any time without notice to you.
VIII. Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Denco or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
IX. Participation Disclaimer
Denco does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Denco is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Denco reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Denco in its sole discretion.
X. Indemnification
You agree to indemnify, defend, and hold harmless Denco, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
XI. Third-Party Links
In an attempt to provide increased value to our visitors, Denco may link to sites operated by third parties. However, even if the third party is affiliated with Denco, Denco has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Denco. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Denco seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well.
XII. Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Denco without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
XIII. Typographical Errors
In the event that a Denco product is mistakenly listed at an incorrect price, Denco reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Denco reserves the right to refuse or cancel any such orders 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, Denco shall issue a credit to your credit card account in the amount of the incorrect price. Prices subject to change without notice.
XIV. Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Denco. The collective work includes works that are licensed to Denco. Copyright 2010, Denco Enterprises Inc, All Rights Reserved. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Denco or purchasing Denco products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Denco or to purchase Denco products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Denco. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
XV. Notice
Denco may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Denco.
Last Modified November 2010
If you have any questions regarding our terms, please contact us at harris@Denco.com
Copyrights and Trademarks
©2010 Denco Enterprises, Inc. All rights reserved. The name of Denco or the Denco logo may not be used in advertising or publicity pertaining to distribution of this information without specific, prior written permission.
Denco and the Denco logo are trademarks or registered trademarks of Denco Enterprises, Inc in the United States and other countries.
All other trademarks, service marks and trade names of Denco used in the site are trademarks or registered trademarks of Denco Enterprises Inc.
All other trademarks mentioned herein are the property of their respective owners.