TERMS of USE & LEGAL DISCLAIMER
Terms Of Service
The following is a legal agreement between D-K Enterprises ("D-K Enterprises ", “we”, “us”, or “our”) and "you", the user of this Site.
By accessing, browsing and/or using this Web site ("Site"), you acknowledge that you have read, understand, and agree to be bound to these terms of service ("Terms") and to comply with all applicable laws and regulations. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to these Terms, do not use this Site.
Your Use of the Site
D-K Enterprises hereby grants you a limited license to copy and use the materials, features, and services provided by D-K Enterprises on this Site (collectively the "Materials") solely for your personal, non-commercial use, subject to these Terms. The design and layout of the Site are specifically excluded from the Materials. No other use of the Site or Materials is authorized. You agree that any copy of the Materials (or any portion of the Materials) that you make shall retain all copyright and other proprietary notices contained herein or therein.
You are solely responsible for your actions and communications undertaken or transmitted using this Site. Neither we nor our affiliates exercise editorial control over your transmissions; however, we do reserve the right to review your uploads and transmissions in order to ensure compliance with these Terms.
Your use of the Site is subject to all applicable local, state, national, and international laws and regulations, and you agree not to use the Site for purposes that violate such laws and regulations. In addition, you agree that: (1) you will not interfere with another customer's use and enjoyment of the Site; (2) you will not upload, download, transmit or otherwise distribute any message, data, information, text, or other material (“Content”) that my infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party, and that, by uploading or downloading any Content, you represent and warrant to D-K Enterprises and our affiliates that you have the lawful right to reproduce and distribute such Content; (3) you will not upload, download, transmit, or otherwise distribute any Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or other
No Transfer of Property Rights
The products, technology, and/or processes described and/or used on this Site may be the subject of intellectual property rights reserved by D-K Enterprises or other third parties. Except for the limited license granted above, nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of D-K Enterprises or any third party.
Links to and From Third Party Sites; Framing
This Site may provide links or references to other sites; neither D-K Enterprises nor its affiliates has any responsibility for the content of these other sites, makes any representations or give any warranties with respect to any information contained in or at these other sites, or shall be liable for any damages or injury arising from the content of these other sites. Neither D-K Enterprises nor its affiliates endorses companies or products to which it has provided links. Any links to other sites are provided merely as a convenience to the users of this Site and, if you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk.
D-K Enterprises reserves the right to terminate any link or linking program at any time.
There may be circumstances where access to this Site is provided by a link located at another Web site.
Warranty Restriction; Limitation Of Liability
THE MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT D-K Enterprises AND ITS AFFILIATES’ AGGREGATE LIABILITY SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500).
NEITHER D-K Enterprises NOR ITS AFFILIATES takes ANY responsibility OR assumes ANY liability for any content uploaded or otherwise transmitted by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, or profanity you may encounter in using the Site. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.
Indemnification
Upon a request by D-K Enterprises, you agree to defend, indemnify, and hold harmless D-K Enterprises and its affiliates, and their employees, contractors, officers, and directors, from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site. D-K Enterprises reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with D-K Enterprisesin asserting any available defenses.
Enforcement by D-K Enterprises
In the event D-K Enterprisesdetermines, in its sole discretion, that you have violated these Terms, D-K Enterprises shall have the right to immediately terminate your access to the Site, without prior notice to you, and/or pursue any other remedies available to it under applicable law.
Governing Law
This Agreement, and the respective rights and obligations of the parties hereto, shall be governed by and construed in accordance with the laws of the State of Illinois (excluding any conflict of laws provisions of the State of Illinois that would refer to and apply the substantive laws of another jurisdiction). Any suit or proceeding regarding this Site or any part of the Site shall be brought only in Wood County, Ohio.