TERM OF SERVICES
We may add to, change or remove any part, term or condition of this Agreement, at any time without prior notice to you. We reserves the right to change the terms and conditions, and we will notify you of changes to this Agreement by changing the “Last Updated” date above. You are responsible for regularly reviewing these terms and conditions.
We reserve the right in our sole and absolute discretion to terminate, modify, suspend or discontinue your access to the website, with or without notice. We also reserve the right to charge fees in connection with the use of the Website, and to modify or waive any fees charged in connection with the Website. You agree that DAMANCI shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or any service or product offered through the Website. We reserve the right to refuse, limit or cancel any order you place with us, and to make certain products, promotions or offers available only to classes or types of purchasers, such as consumers and professionals. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and orders that use the same billing or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, or phone number provided at the time the order was placed.
All sales made through the Website are subject to DAMANCI Return Policy, which is incorporated by reference into this Agreement. Products purchased on the Online Store cannot be returned to DAMANCI distributor which sells DAMANCI products.
DAMANCI accepts only payments via credit and debit card (Visa, MasterCard, American Express, and Discover). We will charge your credit card at the time we ship all or a portion of your order to you. All sales and payments will be in US Dollars.
The term “The Website Information” means all information, text, pictures, sound, graphics, video, data and other content provided by DAMANCI, its licensors, and other third parties that is displayed on the Website, except for any User Comments (defined in “User Comments” section below). You hereby expressly acknowledge that DAMANCI or its licensors own all legal right, title and interest in and to the Website Information including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and any and all other proprietary rights contained in or relating to the Website Information including, without limitation, trademarks, service marks, logos, patent rights and copyrights. DAMANCI reserves all rights not expressly granted in and to the Website and the Website Information.
Non-Professional Users: If you are a consumer or other non-professional user of the Website, you are authorized to access and use the Website and Website Information as set forth in this Agreement, provided that: your use of the Website and Website Information as permitted hereunder is solely for your personal, non-commercial use; you will not copy, distribute or transfer any portion of the Website on any media without DAMANCI prior written approval; you will not alter, adapt or otherwise modify any part of the Website other than as may be reasonably necessary to use that part of the Website for its intended purpose; and you will otherwise comply in full with the terms and conditions of this Agreement and applicable law.
Professional User: If you are a licensed professional user, you are authorized to access and use the Website and Website Information as set forth in this Agreement, provided that you will not copy, distribute or transfer any portion of the Website on any media without DAMANCI prior approval you will not alter, adapt or otherwise modify any part of the Website other than as may be reasonably necessary to use that part of the Website for its intended purpose and you will otherwise comply in full with the terms and conditions of this Agreement and applicable law.
The Website now or in the future may permit you to submit content such as comments and product reviews (“User Comments”). Any User Comments you submit may be publicly available to other Website visitors. DAMANCI cannot and does not guarantee any confidentiality or security of any User Comments, and does not warrant or verify the accuracy of any User Comments.
You are solely responsible for any User Comments you submit and the consequences of posting or publishing such. Any material, information or idea submitted or posted on this Website by you will be considered non-confidential and non-proprietary. DAMANCI may share or otherwise use your submission for any purpose whatsoever without your consent.
While we are not obligated to do so, we reserve the right to refuse or remove any User Comments from the Website for any or no reason, and we expressly reserve the right to refuse or remove any User content (1) that we reasonably consider to violate this Agreement or to otherwise be illegal or objectionable; (2) respond to any notice submitted pursuant to our Take- Down Notice and the Digital Millennium Copyright Act; and (3) to comply with any subpoena, order or otherwise cooperate with law enforcement officials regarding the identification of any User alleged to be using the Website in violation of the law.
With respect to all communications you make to DAMANCI including, but not limited to, feedback, questions, comments, suggestions and the like: (a) you shall have no right to confidentiality in your communications and DAMANCI shall have no obligation to protect your communications from disclosures; (b) DAMANCI shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) DAMANCI shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.
LIMITATION OF LIABILITY
The Website may from time to time, contain links to or reference third party websites, resources. Because DAMANCI has no control over such websites or resources, you acknowledge and agree that DAMANCI is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available form such Websites or resources. DAMANCI assumes no responsibility for the content, privacy policies or practices by such third-party websites. By using this Website, you expressly waive any rights, claims or liability against DAMANCI from your use of any third-party website. Data, opinions, advice, statements, or other information made on the Third Party Websites. We do not investigate, monitor, or check such Third Party Websites for accuracy or completeness. We are not responsible for the availability of these Third Party Websites, nor are we responsible for the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products or other materials made available on or through such Third Party Websites. We are providing these links to you only as a convenience and may discontinue providing such links at any time in our sole discretion without notice to you. No endorsement of any third party content, information, data, opinions, advice, statements, goods, services or products is expressed or implied by any information, material or content of any Third Party Website contained in, referred to, included on, or linked from or to, the Website. If you decide to leave the Website and access.
Under no circumstances shall we or any affiliated providers be held responsible or liable, directly or indirectly, for any loss, injury, or damage caused or alleged to have been caused to you in connection with the use of, or reliance on, any content, information, data, opinions, advice, statements, goods, services, or products available on such Third Party Website. You should direct any concerns to the respective Third Party Website administrator or webmaster. Any links to Third Party Websites do not imply that we are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through such links, or that any linked Third Party Website is authorized to use any trademark, trade name, logo or copyright symbol of ours.
You agree that DAMANCI, in its sole discretion, may be modified or terminated your use of the Website, including your account or your ability to make purchases through the Website, for any reason, or for no reason, and also may do so if DAMANCI believes that you have or may have violated or acted inconsistently with the letter and spirit of this Agreement. DAMANCI may also in its sole discretion and at any time discontinue providing the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that DAMANCI may bar any further access to the Website. Further, you agree that DAMANCI shall not be liable to you or any third-party for any termination of access to the Website.
JURISDICTION, VENUE & WAIVER OF JURY TRIAL
This Agreement shall be construed in accordance with the laws of the State of Florida, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by and venue in the state or federal courts of the Miami Dade County, Florida or the Southern District of Florida.
ENTIRE AGREEMENT, NOTICE, WAIVER, AND SEVERABILITY.
This Agreement constitutes the entire Agreement between you and DAMANCI in connection with the Website or Services and supersedes all prior agreements between you and DAMANCI regarding the subject matter contained herein. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. No failure of either party to exercise or enforce any of its rights under this Agreement will act as a waiver of such rights. Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture, agency or other like relationship between you and DAMANCI or any of the DAMANCI Parties.
The failure of DAMANCI to insist upon performance of any of the terms and conditions of this Agreement, or the waiver of any breach of, or the decision to not exercise any of its rights under, any of the terms or conditions of this Agreement, shall not be construed as thereafter waiving any such terms and conditions, or any other terms and conditions of this Agreement. Any waiver must be in writing and signed by DAMANCI.
CUSTOMER SERVICE WEBSITE
Contact us by email at email@example.com, or call us toll-free at (833)-326-262 / (833)-DAMANCI during normal business hours Monday-Friday from 10:00 AM-5:00PM EST.