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Terms and Conditions
Right to Change Site
We reserve the right to modify, suspend or discontinue the site or any service, content, feature or product offered through the site, with or without notice, at any time and in our sole discretion. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the site, or any service, content, feature or product offered through the site.
Unless otherwise noted, the site, and all materials on the site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Content”), are owned, controlled, lawfully used, or licensed by The DM. In addition, the trademarks for third party products available on the site are owned by third parties and lawfully used by The DM.
The site and the Content are intended solely for personal, non-commercial use. No right, title or interest in any downloaded Content is transferred to you as a result of any downloading or copying from the site. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Content or the site.
User Comments, Feedback, and Other Submissions
If you send certain specific submissions (for example contest entries) or you post comments or send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that The DM may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to The DM. The DM is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. The DM has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the site. You are solely responsible for any Comments you make and their accuracy. The DM takes no responsibility and assumes no liability for any Comments posted by your or any third party. You agree to indemnify The DM for any third party claims against The DM relating to or arising out of your Comments.
Personal Information Submitted Through the site
The DM respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact The DM and provide the information specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail 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 copyright owner or authorized to act on the copyright owner’s behalf.
The DM’s copyright agent for notice of claims of copyright infringement is:
1644 N Honore, Suite 300
Chicago, IL 60622
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the site is inaccurate at any time without prior notice (including after you have submitted your order).
Links to Other Website and Services
The site may contain links to other website that are not under the control of The DM. The DM has no responsibility for the linked website nor does linking constitute an endorsement of any linked website. Links are provided solely for the convenience and information of the site’ users.
The materials on the site are provided “as is” without warranties of any kind, either expressed or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Your use of the site is at your sole risk, and you assume full responsibility for any costs associated with your use of the site. The DM shall not be liable for any damages of any kind related to your use of the site.
You agree to defend, indemnify and hold The DM harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the site and/or your breach of any representation, warranty, or other provision of the Agreement.
Choice of Law
This Agreement shall be construed in accordance with the laws of Illinois, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of Illinois.
Force and Effect of Agreement
The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of The DM’s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.