Dvor Terms, Conditions, and Other Legal Stuff
Introduction
Welcome to Dvor, a division of OpticsPlanet, Inc. Dvor.com (the "Site") is provided to you by OpticsPlanet, Inc. (OpticsPlanet, Inc. and Dvor.com are collectively referred to as "Dvor") subject to the following Terms and Conditions (the "Terms") and referenced policies (the "Policies") that govern the use of the Site. If you visit and/or use the Site, you agree to follow and be bound by the Terms and all Policies described herein. If there is any conflict between these Terms and Policies and any other documents, these Terms and Policies will control. Please review these Terms and referenced Policies whenever you use the Site. Please do not enter or use the Site without agreeing to be bound by these Terms and Policies
Policies applicable to all Dvor users
The following Policies are incorporated by reference: (i) Secure Ordering Policy, (ii) Return Policy, (iii) Privacy Policy, (iv) Pricing and Availability Policy, (v) Sales Tax Policy, (vi) Payment Options Policy, (vii) Order Cancellation Policy, (viii) Shipping Policy, (ix) Domestic Product Policy, (x) Export Policy, and (xi) any other Policy that may be added from time to time on the Site. All Policies are incorporated into and hereby made part of these Terms. Dvor reserves the right to modify or make additions to these Terms and Policies, as needed, without notice to you.
Copyright
Please take note, this website is copyrighted: © 2010 - 2018 Dvor, a division of OpticsPlanet, Inc. All Rights Reserved. All content on this site, including, but not limited to, graphics, text, logos, icons, video clips, software, compilations, images, video clips, is the exclusive property of OpticsPlanet, Inc. and/or suppliers who have licensed material to OpticsPlanet, Inc. and is protected by United States and international copyright laws. Nothing on this website should confer and should not be considered to confer upon anyone any license or right to use any of Dvor and OpticsPlanet Inc.'s intellectual property.
Trademarks
Trademarks, service marks, trade names, logos, product names, company names and other marks (collectively the "Trademarks") are the registered and unregistered Trademarks of OpticsPlanet, Inc. or their respective owners and are protected by United States and international trademark and other intellectual property laws. No trademark license is granted in connection with the use of this website.
Ownership and Use of Site
You must use the Site in accordance with all Policies and subject to these Terms. You are responsible for all equipment necessary to access this Site and any third party fees, including but not limited to, internet service provider fees.
The Site is proprietary property of Dvor, a division of OpticsPlanet, Inc. Dvor grants you a limited, revocable, non-transferable, non-exclusive, non-sub licensable license to access and use the Site for noncommercial and personal use. This license is subject to these Terms and excludes: (i) resale of the Site or Site Content, (ii) downloading, collecting, public display or distribution of information, including but not limited to account information, product listings, pictures or descriptions for the benefit of another vendor or other third party, (iii) modifying or making any derivative uses of the Site, Site content, Site information, intellectual property, or any portion thereof, (iv) framing of any of the Site content; (v) use of any tools for data gathering or extraction, (vi) downloading of any portion of the Site not authorized or permitted, (vii) any action that involves transmitting viruses or other means designed to destroy or limit functionality of any hardware, software or other equipment, (viii) any action that may damage the Site, and (ix) any use of the Site for reasons other than intended purpose. Breach of these Terms and Policies may result in the immediate revocation of this license.
Account Eligibility and Registration
Only those individuals 18 years of age or older are authorized to use Dvor. Dvor is not designed for use by those individuals under 18 years of age. If you are under 18, please do not submit any personal information to Dvor.
As consideration for use of the Site, you represent and warrant that you have full power and authority to register and agree to these Terms and Policies. Further, you represent and warrant the following (i) that you have not been suspended from use of the site and do not have more than one account, (ii) that you provide accurate and complete registration information, (iii) that you will maintain the security of your account password and accept all risks of unauthorized access, (iv) that you will not misrepresent your identify, email address, or other information, (v) that you accept all responsibility for any activities that occur through unauthorized access to your account (vi) that you will notify Dvor if you suspect any security breaches to Dvor, and (vii) that you are legally authorized to register with Dvor and are not a person or entity restricted from receiving goods or services by any United States restricted party list or other jurisdiction's laws or regulations.
Dvor Store Credit and Dvor Bucks
Our store credit exists to refund orders, and Dvor Bucks may be awarded to our existing members for inviting new members to Dvor along with other promotional purposes. Dvor Bucks awarded for inviting new members may only be given one time per one accepted invitation, and only upon the new Dvor member’s first purchase. Additional Store Credit and Dvor Bucks terms are in the Payment Options Policy. Dvor reserves the right to terminate rewards, impose expiration dates, and modify conditions for store credits and Dvor Bucks, to the extent permitted by law.
Dvor members that misuse or fraudulently attempt to maintain credits, through methods including but not limited to, multiple user accounts or email addresses, using false names, impersonation of others, or through other fraudulent or misleading conduct or schemes shall be subject to termination of account, forfeit of credit, and any other civil and/or criminal penalties under applicable law.
Privacy
Dvor respects consumer privacy and works to safeguard your personal information, please visit our Privacy Policy for an understanding of our practices.
Product Regulations
Some of the products that we advertise are regulated by United States federal, state, local and/or international laws and regulations. It is the responsibility of the buyer to investigate and ensure that any item is legal to use, carry, possess, purchase and/or own within your intended federal, state and/or local area.
Export Policy
Many of our products are regulated by United States export laws and regulations, as described more fully in our Export Policy. Dvor reserves the right to inquire into the end user, end use, and country of ultimate destination of any product ordered on this website, and cancel any order for any reason.
International Use
Dvor makes no representation or warranty that information contained on the Site or available for use outside the United States is appropriate for use. If you choose to use Dvor outside the United States, you are responsible for compliance with all laws and regulations.
Information Sharing
If you submit material (the "User Material") to Dvor through live chat, forums, testimonials, reviews, feedback forms, registration or other means, you grant OpticsPlanet, Inc. a royalty-free, perpetual, irrevocable, non- terminable, transferable right and license to use the material, including the right and license to copy, reproduce modify, adapt, publish, translate, create derivative works, distribute, display, sell, incorporate the User Material in any media throughout the world. You agree that OpticsPlanet, Inc. may use, reproduce modify, adapt, publish, translate, create derivative works, distribute, display, sell, incorporate the User Material for any purpose without compensation to you. Any personal information submitted through the registration process is governed by our Privacy Policy.
Dvor reserves the right to monitor and edit the content that is publicly posted, shared, or used in the registration process. By posting or sharing information in any way, you agree to the following: (i) not to upload, distribute or otherwise publish any information, text, graphics, message, or other User Material that is unlawful, political, defamatory, abusive, obscene, pornographic, indecent, libelous, threatening, inflammatory, objectionable, or violates any rights, privacy, publicity or otherwise, (ii) not to upload or transmit any User Material that is unlawful, constitutes or encourages any criminal offense or creates liability in anyway, (iii) not to upload, transmit, or link to any User Material that infringes on any intellectual property or proprietary right of any party, including trademark, trade secret, or copyright, (iv) not to impersonate or misrepresent affiliation with a person or entity, (v) not to engage in advertisements or solicitations, (vii) not to disclose confidential information about Dvor, OpticsPlanet, Inc. or any of its divisions or affiliates, (viii) not to share or send any spam, promotional material, pyramid schemes, sweepstakes, contests, or advertisements, and (viii) not to make any endorsements or testimonials without disclosing a material connection to Dvor. By posting any content to any part of Dvor, through any forum, review, feedback form or otherwise, you represent and warrant that you have the lawful right to distribute and reproduce such content.
You agree to only send invitations to join Dvor to those potential recipients that will recognize your name. Additional information on the invitation process can be found in our Privacy Policy.
Aside from personal information provided during the registration process and governed by our Privacy Policy, the following disclaimer applies. UNDER NO CIRCUMSTANCES SHALL ANY SHARING OF INFORMATION, SUBMISSION OR DISCLOSURE BY YOU TO OPTICSPLANET, INC. SUBJECT OPTICSPLANET, INC. TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION OR ATTRIBUTION. THROUGH ANY SUBMISSION OF YOUR CONTENT TO OPTICSPLANET, INC., YOU REPRESENT AND WARRANT THAT ALL SUCH CONTENT DOES NOT VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING PRIVACY, COPYRIGHT, TRADEMARK, PUBLICITY, PERSONALITY, MORAL, OR ANY OTHER PERSONAL OR PROPRIETARY RIGHTS. ADDITIONALLY, YOU REPRESENT AND WARRANT THAT NO USER MATERIAL WILL CONTAIN UNLAWFUL, POLITICAL, DEFAMATORY, ABUSIVE, OBSCENE, PORNOGRAPHIC, INDECENT, LIBELOUS, THREATENING, INFLAMMATORY, OBJECTIONABLE OR ANY USER MATERIAL THAT VIOLATES ANY RIGHTS, PRIVACY, PUBLICITY OR OTHERWISE. BY USE OF THIS SITE, YOU REPRESENT AND WARRANT THAT DVOR MAY USE ANY INFORMATION YOU SHARE, SUBMIT, OR DISCLOSE, AS PROVIDED, FOR IMPROVING THE SITE OR SITE'S FEATURES, IMPROVING SERVICE, ADVERTISING, OR ANY OTHER PURPOSE IT DESIRES WITHOUT OBTAINING PERMISSION OR LICENSE FROM YOU OR ANY THIRD PARTY, AND WITHOUT ANY COMPENSATION TO YOU.
Product Descriptions, Vendor Information, and Pricing
We make every effort to accurately display and describe products that appear on Dvor. We work with a vast network of independent vendors that supply the products offered on Dvor. We cannot guarantee the colors you see on your monitor will be accurate or that the manufacturer supplied Dvor with accurate, complete, timely, or properly descriptive information. Dvor accepts no liability related to failure to accurately display or describe products. Further, Dvor is not responsible for any infringement of copyrights, trademarks, patents, trade dress or other intellectual property or proprietary rights arising out of content provided by vendors or offered for sale by vendors.
Dvor has no liability in the case of any orders arising from typographical errors or incorrect pricing and reserves the right to cancel any orders without assigning any reasons. Further, Dvor reserves the right to revoke any offer and correct any omission, error or inaccuracy, whether or not a quotation or order has been submitted, confirmed and/or your credit card charged. Every effort has been made to ensure accuracy of information listed and Dvor is not responsible for any errors, omissions or inaccuracies contained therein. Please see our Pricing and Availability Policy for additional details on our pricing practices.
Other Sites or Services
We may provide links to sites or services outside of the Site for your reference or use. Dvor may not have any affiliation with these sites or services and you should review the terms of use and policies associated with these sites or services. Dvor is not responsible for the terms of use or policies of external sites.
Indemnification
By using Dvor, you agree to defend, indemnify and hold harmless Dvor, a division of OpticsPlanet, Inc., OpticsPlanet, Inc. and all parents, subsidiaries, divisions, affiliates, successors and their respective shareholders, directors, officers, employees, successors, agents, subsidiaries, vendors, distributors, representatives, manufacturers contractors and partners from and against any and all costs, losses, expenses, claims, damages, attorneys' fees resulting from, directly or indirectly, or related to your use of Dvor, or that arise as a result of your breach of these Terms.
Applicable Law and Disputes
Any controversy or claim arising out of or relating to your purchase of any product, visit to the Site, these Terms, our Policies, or advertising from Dvor shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Venue for any arbitration, or any legal dispute, shall lie only in the City of Chicago, Cook County, Illinois and in no other venue or forum. The laws of Illinois shall apply to all transactions without regard to principles of conflict of laws. To the extent that you have violated or threaten to violate any intellectual property rights of Dvor or refuse payment for Dvor products or services, Dvor may seek injunctive or other appropriate relief in any state or the federal courts of the State of Illinois, USA. You consent to exclusive jurisdiction and venue in such courts.
Disclaimer of Warranties and Limitation of Liability
Dvor does not manufacture, produce or assemble any products or items. Dvor is not responsible for any claims relating to infringement by the product of third party intellectual property rights. Dvor makes no warranties, express or implied, with respect to the quality of the products, the Site, the content, services, or the results that customer may achieve utilizing such products, including, but not limited to, the implied warranties of merchantability and fitness for particular purpose (to the extent applicable), privacy, security, non-infringement, results, accuracy or title which are hereby disclaimed and excluded. In no event will Dvor be liable to customer for any lost profits or direct, indirect, incidental, consequential, special, exemplary or punitive damages. Dvor's liability is limited to replacing defective goods. Pursuant to the provisions of the California Song-Beverly Consumer Warranty Act, products are sold "AS IS" and "WITH ALL FAULTS".
IN NO EVENT SHALL DVOR, A DIVISION OF OPTICSPLANET, INC., OPTICSPLANET, INC. AND ALL PARENTS, SUBSIDIARIES, DIVISIONS, AFFILIATES, SUCCESSORS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, AGENTS, SUBSIDIARIES, VENDORS, DISTRIBUTERS, REPRESENTATIVES, MANUFACTURERS CONTRACTORS AND PARTNERS BE LIABILE FOR ANY DIRECT INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF USE, OR ANY OTHER LOSS, WHETHER IN AN ACTION IN CONTRACT, TORT, WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF DVOR, OR THE INABILITY TO USE DVOR, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE YOU ON ANY INFORMATION ON THE SITE OR OBTAINED FROM DVOR, OR THAT RESULTS FROM ERRORS, MISTAKES, OMISSIONS, DEFECTS, VIRUSES, DELAYS, DELETION OF EMAIL OR REGISTRATION INFORMATION, LOSS OF DATA, FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO ACCOUNT INFORMATION OR RECORDS, COMMUNICATION FAILURE, DESTRUCTION OR OTHER MEANS. IN NO EVENT SHALL DVOR'S AGGREGATE LIABILITY AND THE AGGREGATE LIABILITY OF ALL PARENTS, SUBSIDIARIES, DIVISIONS, AFFILIATES, SUCCESSORS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, AGENTS, SUBSIDIARIES, VENDORS, DISTRIBUTERS, REPRESENTATIVES, MANUFACTURERS CONTRACTORS AND PARTNERS WHETHER IN CONTRACT, TORT, WARRANT, PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE DVOR EXCEED ANY COMPENSATION PAID, IF ANY, BY YOU TO DVOR FOR USE OF THE SITE OR PURCHASE PRICE OF THE PRODUCT OR SERVICE.
Revision of Terms and Severability
Dvor reserves the right to make changes to these Terms, the Policies, and the Site at any time. If any of these Terms, Policies are deemed invalid, void or unenforceable for any reason, the term or condition shall be deemed severable and shall not affect the enforceability or validity of any of the remaining terms or policies.