Terms of Use

Effective Date: October 1, 2021

Last Modified: October 1, 2021

 

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE WEBSITE LOCATED AT WWW.THEREALDILL.COM, ORDERING ANY PRODUCTS FROM SUCH WEBSITE, OR ACCESSING ANY THE SERVICES MADE AVAILABLE THROUGH SUCH WEBSITE. THIS AGREEMENT REQUIRES THE SUBMISSION OF CLAIMS TO ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

 

This Website Terms of Use and Terms and Conditions of Online Sales (this “Agreement”) is between The Real Dill, LLC, d/b/a The Real Dill, a Colorado limited liability company (“Company”), and you (“User”). This Agreement, together with any documents expressly incorporated by reference herein, sets forth the legal terms and conditions governing User’s access to and use of the website located at therealdill.com, including any subpages (together, the “Site”), including, without limitation, User’s use of, or reliance upon, any of the content appearing on the Site (collectively, the “Content”), whether as a guest or registered user. If User accesses the Site on behalf of an organization or company, User represents that it has the legal authority to bind any such organization or company to this Agreement.

 

By using or otherwise accessing the Site, User accepts and agrees to be bound and abide by this Agreement and the Company’s privacy policy, found at Privacy Policy (the “Privacy Policy”), the terms and conditions of which are incorporated herein by reference. User may not access or use the Site in any manner if User does not agree to be bound by this Agreement and the Privacy Policy. If User is dissatisfied with the Site, User’s sole and exclusive remedy is to cease his or her access to or use of the Site.

 

Company reserves the right to withdraw or amend the Site or the Content in its sole discretion without notice. Company will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, Company may restrict User’s access to some or all parts of the Site. User is solely responsible for: (1) making all arrangements for User to access or use the Site; and (2) ensuring that all persons who access or use the Site through User’s internet connection are aware of this Agreement and comply with it.

 

1. MODIFICATIONS

 

Company reserves the right at any time, with or without notice to User, to change the terms and conditions of this Agreement and/or to enhance, add to, modify, or discontinue the Site or the Content, or any portion of the Site or the Content, at any time in Company’s sole discretion. User is expected to check this page frequently for any changes. All changes are effective immediately when posted and apply to all access to and use of the Site thereafter. Any enhancements, additions, or modifications to the Site or the Content will be subject to this Agreement.

 

2. ELIGIBILITY

 

User may not access or use the Site unless User meets the eligibility requirements set forth under this Section 2. User must be at least eighteen (18) years of age or of legal age to form a binding contract with Company in the jurisdiction where User resides to access or otherwise use the Site. Furthermore, User acknowledges that Company does not sell alcoholic products, and further acknowledges that Company does not sell, serve, or market any alcohol related products to persons under the age of twenty-one (21) in the United States, nor to any person who is not of legal drinking age in the jurisdiction in which such person is domiciled. User shall not use the Site to purchase any products appearing thereupon in violation of any applicable law.

 

User represents and warrants that all information provided by User to Company is true, correct, and complete to the extent of User’s knowledge. Further, User acknowledges and understands that the information User provides during the application and registration process for any services offered through the Site, such as User’s country of residence, may disqualify User from accessing or using the Site. Company reserves the right, in its sole discretion, to limit the availability of the Site or the Content to any person(s), geographic area, or jurisdiction at any time. These eligibility requirements are subject to modification by Company at any time in its sole discretion.

 

3. USER’S INFORMATION AND USER’S PRIVACY

 

If User provides information to the Site, such as an email address or other personal information, User agrees to provide accurate, current, and complete information about User. User also agrees to maintain and update such information as appropriate. Company may disclose information about User that Company collects through the Site or the Content to third parties, as provided in the Privacy Policy. User shall review the Privacy Policy periodically to ensure User’s familiarity with its content, which may be amended from time to time without notice to User.

 

If User chooses, or is provided with, a username, password, social media account, or any other piece of identifying information (collectively, “User PII”), User shall treat such information as confidential and shall not disclose it to any other person or entity. User also acknowledges that User’s account is personal to User and agrees not to provide any other person with access to the Site or the Content, or portions of it, using User PII. User agrees to notify Company immediately of any unauthorized access to or use of User PII or any other breach of security. User should use particular caution when accessing User’s account from a public or shared computer so that others are not able to view or record User PII. Company reserves the right to disable any username, password, or other identifier, whether chosen by User or provided by Company, at any time, in its sole discretion for any or no reason, including if, in Company’s opinion, User has violated any provision of this Agreement.

 

Company utilizes reasonable and industry-standard security measures available for use today, including the use of encryption technology, to protect User PII from unauthorized access. Notwithstanding the foregoing, User understands and acknowledges that any such security measures are not foolproof or infallible, and it remains possible that an unauthorized third party may be able to bypass such security measures to access User PII. User agrees that it shall not hold Company liable for any such improper access by any third party.

 

Although Company intends to take all reasonable steps to prevent the introduction of viruses, malware, and other destructive materials and any unauthorized access to User PII, Company cannot and does not guarantee or warrant that the Site or the Content does not contain such destructive features or that unauthorized access may occur. Company is not liable to User or any third party for any damages or harm attributable to any of the foregoing. In addition, in no event shall Company be liable for or pay any sum, whether by ransom or otherwise, on behalf of User, itself, or any third-party in connection with any malicious software or other cyberattack including ransomware, a denial-of-service attack, or any other cyber incident, including any malfunction, failure, or continued substandard performance caused by any of the same.

 

Except as expressly provided in the Privacy Policy, Company limits the access to User PII by Company employees or business partners to those who have a business reason to know such information. Any nonaffiliated persons or entities that act on Company’s behalf and receive User PII from Company are obligated to keep the information provided to them confidential.

 

4. USER CONDUCT

 

User is responsible for any and all content and/or information that User sends to Company.  User may not use the Site or the Content, or any information that User gets from the Site or the Content, to:

 

• interfere with any other user’s use of the Site or the Content;
• conduct any unlawful activity;
• intentionally solicit or harm minors in any way;
• misrepresent User’s own identity or any affiliation that User may have;
• modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site or the Content;
• alter or remove any copyright, trademark, or proprietary right of Company or its affiliates and partners;
• “frame,” “mirror,” or “deep link” any part of the Site or the Content without Company’s prior written authorization; or
• perform, or fail to perform, in such a way that, in Company’s sole discretion, causes any type of harm or otherwise damages the reputation of Company or any other user.

 

Company owns and operates the Site and the Content. User may not copy, reproduce, republish, upload, post, transmit, or distribute materials from the Site or the Content in any way without Company’s prior written permission. User may not modify any materials contained within the Site or the Content, nor use any materials for any purpose in violation of this Agreement. User acknowledges that User does not acquire any ownership rights in any intellectual property through User’s use of the Site or the Content. User may not make a temporary or permanent copy of the Site or the Content for any purpose whatsoever. User may not sell, resell, decompile, reverse engineer, disassemble, or translate any of the Site, the Content, or any portion thereof, without the written permission of Company. User may not transfer any portion of the Site or the Content to any third party. Company, Company’s logo, and the name of the products and services produced, marketed, sold, or distributed by Company, are trademarks and/or service marks of Company. The Site and the Content (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Company and its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

 

User shall not access or use for any commercial purposes any part of the Site, or any services or materials available through the Site. Requests to make any use of material on the Site other than as set out in this section must be emailed to: [support@therealdill.com].

 

5. USER CONTRIBUTIONS

 

The Site may contain links to social media accounts, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, interactive events, and other interactive features (collectively, “Interactive Services”) that allow User to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) whether on or through the Site or otherwise on or through the Interactive Services. All User Contributions must comply with the Content Standards, as defined in this Section 5.

 

Any User Contribution will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site or on any Interactive Services, User grants Company and its affiliates and service providers, and each of their and Company’s respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

 

Company reserves the right to remove or refuse to post any User Contributions for any or no reason in its sole discretion and may terminate or suspend User’s access to all or part of the Site or any Interactive Service for any or no reason, including without limitation, any violation of this Agreement. Company shall take any action with respect to any User Contribution that Company deems necessary or appropriate in its sole discretion, including if Company believes that such User Contribution violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site, the Interactive Services, or the public, or could create liability for or tarnish the reputation of the Company. Company may, in its reasonable discretion, disclose User’s identity or other information about User to any third party who claims that material posted by User violates their rights, including their intellectual property rights or their right to privacy. Further, Company may take all appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site or any of the Interactive Services.

 

USER WAIVES AND HOLDS HARMLESS COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM AND AGAINST ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

Company cannot and does not undertake to review any User Contribution before it is posted on the Site or any of the Interactive Services, and Company cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Company assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.

 

By accessing and/or using the Site, the Content, or any Interactive Services, User consents to Company’s collection, storage, and use of any data or information that User provides to Company or submits or transmits through the Site or any of the Interactive Services, including any User Contributions. If User submits any ideas, suggestions, testimonials, voice recordings, video recordings, and/or written transcriptions to Company, such submissions shall become the sole property of Company and Company has the right to use User’s submission without charge in any manner that Company deems appropriate. User shall have no further right or interest in or claim to any such submitted information or material. Furthermore, User understands and acknowledges that such materials may be viewed or interacted with by other user(s) including, without limitation, so that such other user(s) may transcribe or describe any such audio or video recordings for Company’s further use.

 

Content Standards

 

The following content standards (the “Content Standards”) apply to any and all User Contributions and use of Interactive Services, whether on or through the website or otherwise. All User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

 

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement or the Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent User’s identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by Company or any other person or entity if this is not the case.

 

User represents and warrants that:

 

• User owns or controls all rights in and to the User Contributions and has the right to grant the license granted above to Company and its affiliates and service providers, and each of their and Company’s respective licensees, successors, and assigns.
• All of User’s Contributions do and will comply with this Agreement.
• User understands and acknowledges that User is responsible for any User Contributions User submits or contributes to, and User, not the Company, has full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
• Company is not responsible or liable to any third party for the content or accuracy of any User Contributions posted on the Site or on any of the Interactive Services.

 

If you believe that any User Contribution violates your copyright, please send a notice of copyright infringement to Company’s DCMA Registered Agent: [INSERT EMAIL]. Company will terminate the user accounts of repeat infringers.

 

6. RELIANCE ON INFORMATION POSTED

 

The Content and any information presented on or through the Site or any of the Interactive Services is made available solely for general information purposes. Company does not warrant the accuracy, completeness, or usefulness of this information. Any reliance User places on such information is strictly at User’s own risk. Company shall not be responsible for any liability arising from any reliance placed on such materials by User or any other visitor to the Site or any of the Interactive Services, or by anyone who may be informed of any of its contents.

 

The Interactive Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. Company is not responsible or liable to User or any third party for the content or accuracy of any materials provided by any third parties.

 

The Site, including the Interactive Content, may include invitations to participate in events hosted by or otherwise affiliated with the Company (“Events”). User’s participation in any Event is solely at its own risk. User further acknowledges and agrees that participating in any Event may involve the risk of serious injury, disability, death, and/or property damage.

 

NOTWITHSTANDING THE RISK ASSOCIATED WITH PARTICIPATING IN ANY EVENT, USER ACKNOWLEDGES THAT SUCH PARTICIPATION IS VOLUNTARY AND WITH KNOWLEDGE OF THE DANGER INVOLVED. USER ACCEPTS AND ASSUMES ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING FROM ITS PARTICIPATION IN EVENTS, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF COMPANY OR OTHERWISE. FURTHER, USER SHALL BE SOLELY RESPONSIBLE FOR ALL COSTS RELATED TO ITS PARTICIPATION IN ANY EVENT, INCLUDING ANY COSTS RELATED TO MEDICAL TREATMENT AND RELATED MEDICAL TRANSPORTATION OR EVACUATION. USER RELEASES, FOREVER DISCHARGES, AND HOLDS HARMLESS COMPANY FROM ANY CLAIM BASED ON SUCH MEDICAL TREATMENT OR MEDICAL SERVICES.

 

To the fullest extent permitted by law, User expressly waives and releases any and all claims, now known or hereafter known, against Company, and its managers, employees, agents, affiliates, members, successors, and assigns (collectively, “Releasees”), on account of injury, disability, death, or property damage, arising out of or attributable to User’s participation in an Event, whether arising out of the ordinary negligence of Company or any Releasees or otherwise. User shall not make or bring any such claim against any Releasee, and forever release and discharge all Releasees from liability under such claims.

 

User shall defend, indemnify, and hold harmless the Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, expenses, the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out or resulting from any claim of a third party related to my participation in an Event, including any claim related to User’s own negligence or the ordinary negligence of the Releasees.

 

7. LINKS

 

Company may provide links to third party websites or resources. Company’s provision of such links is not an endorsement of any information, product, or service, and any such links are provided for User’s convenience only. Company does not have any control over third party websites or resources and shall not be held responsible or liable for any content, or for User’s reliance on any content, found on such third-party websites or resources. Company expressly disclaims that it has no rights in or to the content or intellectual property of the third-party sites and, in certain circumstances, the third-party site may be owned and operated by a competitor of Company.

 

8. PURCHASES

 

BY PLACING AN ORDER FOR ANY REAL DILL PRODUCTS (THE “PRODUCTS”) FROM THE SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT. YOU MAY NOT ORDER OR OBTAIN ANY PRODUCT FROM THE SITE IF YOU: (A) DO NOT AGREE TO THESE TERMS; OR (B) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THE CONTENTS OR THE PRODUCTS BY APPLICABLE LAW.

 

All orders for any Products (each, an “Order”) must be accepted by Company in writing, or Company will not be obligated to fulfill any Order. Company may choose not to accept any Order at its sole discretion. All prices, discounts, and promotions posted on the Site are subject to change without notice. The price charged for a Product will be the price in effect at the time the Order is placed and will be set out in the Order confirmation email. Unless otherwise stated on the Site, posted prices do not include taxes or charges for shipping and handling. Company strives to display accurate price information; however, Company may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. Company reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any Orders arising from such occurrences. Company may from time to time offer promotions on the Site that may affect pricing and that are governed by terms and conditions separate from this Agreement. If there is a conflict between the terms for a promotion and this Agreement, the promotion terms will govern.

 

Terms of payment are in Company’s sole discretion. User represents and warrants that: (i) any credit card information User supplies is true, correct, and complete; (ii) User is duly authorized to use such credit card for the purchase; (iii) charges incurred by User will be honored by User’s credit card company; and (iv) User will pay charges incurred under the Order at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of the Order. In the event that Company must pursue legal action in order to collect on balances due, User agrees to reimburse Company for all expenses incurred to recover any and all sums due, including but not limited to all attorney’s fees and other expenses.

 

Shipping is free for all Orders $70+, and Company charges a flat rate shipping of on all other Orders, which is either $20 for orders under $50 or $10 for orders between $50.01 sand $69.99. Company does not currently ship outside of the continental United States. Depending on the size of the package and the destination, packages are typically sent via FedEx Ground. Title and risk of loss pass to User upon Company’s transfer of the Products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. Company shall not be liable for any delays in shipments. While Company makes every reasonable effort to carefully package the Products so as to minimize breakage, it is impossible to prevent all breakage when shipping glass. If User receives any damaged Product(s), User may email Company at: support@therealdill.com with: (1) User’s name and Order number; (2) a photo of the damaged Product(s); and (3) a description of which Product(s) are damaged. Company, at Company’s sole discretion, will either reship or process a refund to the same payment method used to make the original purchase for the damaged Product(s).

 

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THE PURCHASE OF ANY PRODUCT(S): (A) WHETHER SUCH DAMAGES WERE FORESEEABLE; (B) WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (C) REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. COMPANY’S SOLE AND ENTIRE MAXIMUM LIABILITY WITH RESPECT TO THE PRODUCTS, AND USER’S SOLE AND EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY USER FOR THE PRODUCTS USER HAS ORDERED THROUGH THE SITE.

 

User represents and warrants that User is buying the Products for User’s own personal or household use only, and not for resale or export. User further represents and warrants that all purchases are intended for final delivery to locations within the continental United States.

 

9. ERRORS

 

Although Company attempts to maintain the integrity of the Site and the Content, Company makes no guarantee as to the accuracy or completeness of the Site or the Content. If User believes that User discovered an error in the Site or the Content, please contact Company at: [INSERT EMAIL] and include, if possible, a description of the error, its URL location, and User’s contact information. Company will make reasonable efforts to timely address User’s concerns.

 

10. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

By using the Site or the Content, User expressly agrees that:

 

• The Site and the Content are provided on an “as is” and “as available” basis. Company disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Company does not make any warranty that: (i) the Site or the Content will meet User’s particular requirements; (ii) the Site or the Content will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Site or the Content will be accurate or reliable; or (iv) any errors in the Site or the Content will be corrected.
• User’s use of the Site and the Content is at User’s sole risk. Advice, statements, or opinions should not be relied upon when making important personal, medical, legal, or financial decisions. User should consult with a professional to obtain specific advice appropriate to User’s circumstances. Further, User is solely responsible for any damage to User or to any third party caused, directly or indirectly, by any material that User downloads or obtains through the Site or the Content or User’s other interactions with the Site or the Content. Company shall not be liable for any damages or harm attributable to viruses, malware, or other destructive materials.
• Company must approve any additional warranties in writing. User agrees to hold Company, Company’s officers, directors, employees, agents, designees, representatives, members, shareholders, assigns, and affiliates harmless for any direct, indirect, incidental, special, consequential, or exemplary damages (including, for example, damages for loss of profits, loss of goodwill, and loss of data), even if Company has been advised that such losses may occur, which result from:
  • User’s use or inability to use the Site or access the Content;
  • User’s provision of inaccurate personal or other information or failure to update such information as appropriate, including, without limitation, provision of false or inaccurate information that Company may need to comply with tax laws and regulations;
  • unauthorized access to or alteration of User’s transmissions or data; or
  • the acts of any third party related to the Site or the Content. User hereby waives any claims with respect thereto, whether based on contractual, tort, or other grounds, even if Company has been advised of the possibility of such damages.

 

COMPANY doES not make any warranties, express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, compatibility, security, correctness, completeness, usefulness, or non-infringement with respect to thE SITE, THE CONTENT, or ANY goods OR SERVICES that are purchased or accessed using thE SITE. USER assumeS full responsibility and risk of loss, including loss of data, resulting from USER’S use of THE SITE OR THE CONTENT. Although COMPANY intendS to take all COMMERCIALLY reasonable steps to prevent the introduction of viruses and MALWARE, COMPANY doES not warrant that THE SITE or the content WILL BE free THEREOF. COMPANY doES not warrant that ACCESS TO OR THE USE OF THE SITE or the content will be uninterrupted or error-free, and there may be delays, omissions, OR interruptions of THE SITE OR THE CONTENT.

 

11. RELEASE

 

User agrees that Company (including, without limitation, its officers, directors, employees, and affiliated entities) shall not be held liable for any claims, damages, or costs, whether direct or indirect, consequential, or special, arising out of or in any way connected to User’s use or inability to use the Site, the Content, or the Interactive Services, or any linked website, or any information used from the Site the Content, or the Interactive Services, including all incidental and consequential damages. In addition, User agrees that Company shall not be held liable for the conduct of any other users associated with the Site or any of the Interactive Services. User hereby waives any claims against Company and its affiliates, subsidiaries, officers, directors, members, managers, employees, agents, designees, consultants, and representatives, whether based on contractual, tort, or other grounds, even if Company has been advised of the possibility of such damages.

 

12. INDEMNIFICATION

 

USER agrees to indemnify, defend, and hold COMPANY and its affiliates, subsidiaries, officers, directors, members, managers, employees, agents, designees, Consultants, and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or the Content expenses that arise directly or indirectly out of or in any way related to:

• USER’S acts or omissions in connection with the SITE or the Content;
• the acts or omissions of any person in connection with the SITE or the Content using USER’S account;
• breach of any provision of this Agreement;
• any allegation that any materials submitted or transmitted to COMPANY by user, or COMPANY’s use of such materials, violate any copyright, trademark, trade secret, or any other intellecTual property or other proprietary rights of any third party; AND
• violation of the rights of any party, including, without limitation, any claims of libel, defamation, violation of rights of publicity, trespass, and infringement of intellectual property, or proprietary rights.

 

If COMPANY makeS a claim for indemnification, USER agreeS to seek and receive written permission from COMPANY before agreeing to settle any claim or action.

 

13. FORCE MAJEURE

 

Company will not be liable or responsible to User, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in our performance under this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond its reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

 

14. TERMINATION; MODIFICATION

 

At any time and for any reason, without notice, Company may: (i) terminate User’s use of and access to the Site, the Content, or any of the Interactive Services; and/or (ii) modify or discontinue providing the Site, the Content, or any of the Interactive Services, or any part thereof. No notice is required to affect termination. User shall not hold Company responsible or liable for any direct, indirect, incidental, special, consequential, or exemplary damages due to modification or discontinuation of the Site, the Content or the Interactive Services, or Company’s termination of User’s access to the Site, the Content, or any of the Interactive Services.

 

15. APPLICABLE LAW AND DISPUTE RESOLUTION

                                

The laws of the State of Colorado apply to this Agreement (without regard to Colorado’s conflict of law principles). Company is based in the United States and provides the Site and the Content for use only by persons located in the United States. Company makes no claims that the Site or the Content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If User chooses to access the Site or the Content from locations outside of the United States, User is responsible for compliance with local laws if, and to the extent that, such local laws are applicable. All software used on the Site or the Content is subject to U.S. export controls.

 

YOU AND COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

 

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) BETWEEN USER AND COMPANY ARISING FROM OR RELATING IN ANY WAY TO THE SITE, THE CONTENT, OR ANY IN-SITE PURCHASE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION IN THE CITY AND COUNTY OF DENVER, COLORADO.

 

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. The Federal Arbitration Act will govern the interpretation and enforcement of this Section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

 

User agrees to an arbitration on an individual basis. In any dispute, NEITHER USER NOR COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

 

16. MISCELLANEOUS

 

If a court finds a portion of this Agreement unenforceable, the rest of this Agreement will continue to apply. This is the entire Agreement between User and Company relating to the Site and/or the Content and this Agreement replaces all prior written or oral agreements that may have existed between User and Company. User cannot transfer or assign User’s rights or obligations under this Agreement to any other person or entity without Company’s written permission. Company’s failure to enforce any provision of this Agreement does not waive Company’s right to enforce the same or any other provision hereof in the future. The headings contained in this Agreement are for informational purposes only, but are not, in and of themselves, enforceable provisions of this Agreement.

 

This website is operated by The Real Dill, LLC, a Colorado limited liability company with a mailing address of: PO Box 18104, Denver, Colorado 80218.

 

All feedback and comments relating to the Site should be directed to: [support@therealdill.com]. All requests for technical support, and other communications should be directed to: [support@therealdill.com].