USER AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY
BEFORE USING THIS WEBSITE ("SITE"). CD3, Inc. PROVIDES
ITS SERVICES TO YOU (THE "CUSTOMER") SUBJECT TO THE
FOLLOWING USER AGREEMENT (THE "AGREEMENT"). BY USING
THIS SITE, YOU AGREE TO THE TERMS OF THE AGREEMENT. IF YOU DO
NOT AGREE TO THE TERMS OF THE AGREEMENT, YOU MAY NOT USE THIS
SITE.
WHO WE ARE
As used in this Agreement, "Discgear" refers to both
Discgear, and CD3, Inc. As used in this
Agreement, "Site" refers to Discgear.com and all other
registered CD3, Inc. domains (disczen.com, discwareonline.com, mydiscgear.com,
cd3.com, and cd3storage.com)
CHANGES TO THESE TERMS OF USE
CD3, Inc. reserves the right, at any time, to modify or update
the terms of this Agreement, upon notice to the Customer in
writing to the last address supplied by the Customer, by email
or posting on the site or by any other reasonable means of communication.
CD3, Inc. also reserves the right, at any time, to modify or
update its Privacy & Security Statement by using the same
procedures. Customer confirms his or her acceptance of the modifications
or updates by continuing to use the Site.
GRANT OF USE
Permission is granted to use the content and software (the
"Services") on the Site as a shopping resource, but
for no other purpose. Any other use of Services on this Site,
including, but not limited to, reproduction for purposes other
than those noted above, or any modification, distribution or
republication, without the prior written permission of CD3, Inc.,
is strictly prohibited.
PURPOSE OF SALES
All sales of products by CD3, Inc. are limited to personal use
and may not, without the express prior written approval of CD3, Inc.,
be made in conjunction with any resale or commercial use.
COPYRIGHT
All Site content, design, text, graphics, images, logos, buttons,
icons, interfaces, audio and video clips, and the selection
and arrangements thereof are the exclusive property of CD3, Inc.,
or its respective content providers, and are protected by U.S.
and international copyright laws. All software used on the Site
is the property of CD3, Inc. or its respective software suppliers,
and such software is protected by U.S. and international copyright
laws and other laws and treaties.
TRADEMARKS
All trademarks, service marks and trade names used on the Site
(collectively the "Marks") are proprietary to CD3, Inc.
or other respective owners that have granted CD3, Inc. the right
and license to use such Marks. The Marks may not be used in
connection with any product or service that is not a product
or service of CD3, Inc., or that is likely to cause confusion
among customers, or that in any manner disparages or discredits
CD3, Inc. or the other respective owners of the Marks.
PRIVACY POLICY
CD3, Inc. protects customer information according to the Privacy
& Security Statement posted on this Site. The Privacy &
Security Statement, as amended from time to time, is incorporated
by reference to be a part of this Agreement.
COLORS/SATISFACTION/POLICY RETURNS
CD3, Inc. has made every reasonable effort to display as
accurately as possible the colors of the products that appear
on the Site. However, the actual colors you see will depend
on a number of factors including the monitor that you use and
the settings on the monitor. CD3, Inc. does not guarantee
that the display of any color will be accurate. If for any reason
you are unsatisfied with your experience on this Site, please
contact us. If for any reason you are not satisfied with any
products you purchase on this Site you can return them to our
warehouse. We will issue a credit card refund. As we are certain
you will understand, we may not provide a refund or an exchange
if the products have been opened or used unless such products
are defective..
LIMITATIONS ON LIABILITY
IN NO EVENT SHALL CD3, Inc. BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES,
OR ANY DAMAGES WHATSOEVER IN EXCESS OF THE AMOUNT CUSTOMER PAID
TO CD3, Inc. FOR THE PRODUCT(S) AT ISSUE, EVEN IF CD3, Inc. HAS
BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER
THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY
TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS
AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL
APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY. NO ACTION OR PROCEEDING MAY BE BROUGHT AGAINST
CD3, Inc. WITH RESPECT TO ANY CLAIM OR DISPUTE ARISING FROM THE
USE OF THIS SITE OR THE PURCHASE OF ANY PRODUCTS OR GOODS THROUGH
THIS SITE UNLESS SUCH ACTION OR PROCEEDING IS BROUGHT WITHIN
ONE YEAR OF SUCH USE OR PURCHASE. BECAUSE SOME JURISDICTIONS
DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,
OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
ORDER ACCEPTANCE/SHIPPING TERMS/REFUNDS
Acceptance of all orders by CD3, Inc. occurs only upon shipment
from CD3, Inc.'s distribution center in Austin, Texas. The
receipt of an email order confirmation does not constitute the
acceptance of an order or a confirmation of an offer to sell.
Such receipt also does not constitute a confirmation that the
product or service is in stock or otherwise available on the
price and terms published on this Site, or published in any
catalog or other advertisement. CD3, Inc. reserves the right,
without prior notification, to limit the order quantity on any
item and/or to refuse service to any Customer. Verification
of order and customer information may be required prior to the
acceptance of any order. Prior to acceptance, CD3, Inc. is
not obligated to fulfill any order and may notify the Customer
of a back-order and the estimated time for shipment (in which
case the order shall be deemed to remain open unless Customer
cancels prior to the actual shipment date). Charges to Customer's
credit card shall only be processed for collection when a shipment
has been made. Any shipping and handling charges which are imposed
may reflect estimated or average amounts required to cover the
cost of shipping and handling and need not reflect the exact
cost of the specific order. In the event of an authorized return
of any goods sold from the Site , CD3, Inc. is not obligated
to include a refund of any shipping and handling charges or
gift wrap charges except when the return is for defective product
and CD3, Inc. shall have the option to refund any amount
owing to Customer by either crediting the charge card used for
payment or mailing a check to the Customer at the address shown
on the related Order.
ONLINE CONDUCT
Any conduct by a person that in CD3, Inc.'s sole discretion
restricts or inhibits any other person from using or enjoying
CD3, Inc. is prohibited. Customer agrees to use the Site only
for lawful purposes and in accordance with that prohibition.
Customer agrees that he or she will not post on the Site or
transmit through CD3, Inc. any unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, sexually explicit,
profane, hateful, racially, ethnically, or otherwise objectionable
material of any kind, including, but not limited to, any material
that encourages conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate any applicable
local, state, national, or international law.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas and other
submissions disclosed, submitted or offered to CD3, Inc. on or
by this Site or otherwise disclosed, submitted or offered in
connection with your use of this Site (collectively, "Comments")
shall be and remain CD3, Inc.'s property. Such disclosure, submission
or offer of any Comments shall constitute an assignment to CD3, Inc.
of all worldwide right, title and interest in all copyrights
and other intellectual property rights in and to the Comments.
Thus, CD3, Inc. will own exclusively all such right, title and
interest and shall not be limited in any way in its use, commercial
or otherwise, of any Comments. CD3, Inc. is and shall be under
no obligation (1) to maintain any Comments in confidence; (2)
to pay any person any compensation for any Comments; or (3)
to respond to any customer Comments.
TERMINATION OF USAGE
CD3, Inc. may, without incurring any liability to the Customer,
terminate access by such Customer, or suspend any Customer's
access to all or part of CD3, Inc., without notice, for any conduct
that CD3, Inc., in its sole discretion, believes is in violation
of any applicable law or this Agreement, or is harmful to the
interests of another user, a third-party, a merchant, a sponsor,
a licensor, a service provider, or CD3, Inc..
OUTSIDE SITES AND LINKING
The Site may contain links to other sites on the Internet that
are owned or operated by third party vendors and other third
parties (the "Outside Sites"). CD3, Inc. is not responsible
for the availability of, or the content located on or through,
any Outside Site. You should contact the site administrator
or Webmaster for those Outside Sites if you have any concerns
regarding such links or the content located on such Outside
Sites.
CD3, Inc. permits certain third party links to the home
page of its site, provided that CD3, Inc. is provided with
notice of such links and does not thereafter object to such
linking. No links or "deep links" are permitted to
any page other than the CD3, Inc. home page without the prior
written consent of CD3, Inc. and CD3, Inc. reserves the
right to revoke unilaterally any consent that it may at any
time give to any linkage, including linkages to the home page.
SEVERABILITY
If any provision of this Agreement is found to be contrary
to law, the remainder of that provision (if any) and the remaining
provisions of this Agreement will remain in full force and effect.
WAIVER
The waiver of any breach or default of this Agreement shall
not constitute a waiver of any subsequent breach or default
and shall not act to amend or negate the rights of the waiving
party.
ENTIRE AGREEMENT
This Agreement shall, as the same may be amended from time
to time, constitute the complete and exclusive agreement between
CD3, Inc. and Customer with respect to the subject matter hereof.
It supercedes and replaces all prior discussions, negotiations,
understandings and agreements, written and oral, regarding such
matters. Any additional or different terms in any purchase order
or other written or oral response by Customer shall be deemed
rejected by CD3, Inc. without need of further notice and shall
not be part of this Agreement or in any way binding upon CD3, Inc..
ACCEPTANCE OF THIS AGREEMENT AND OF AMENDMENTS AND MODIFICATIONS
THEREOF
Use of the Site represents an acceptance by the Customer of
the terms of this Agreement. Use of the Site shall be governed
solely by the terms of this Agreement, as the same may be amended
from time to time, and the policies published by CD3, Inc.
on the Site, which shall be the entire agreement of the parties
with regard to the use of this Site. Amendments or other modifications
to this Agreement may, from time to time, be made by CD3, Inc.
sending an email to the Customer at Customer's last known email
address or by posting thereof on the Site.