DAC Technologies Terms and Conditions of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.  THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOUR PURCHASES.

 

(a) Welcome to our online store!  DAC Vision Incorporated (“DAC Technologies”) and its associates provide their services to you subject to the following terms and conditions. If you visit or shop at this website, you accept these terms and conditions of use. Please read them carefully.

(b) DAC Technologies reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions of use at any time and the changes will become effective immediately upon posting of the changes.

(c) You consent to receive communications from DAC Technologies electronically.  You agree that all agreements, notices, disclosures and other communications sent to you electronically satisfy any legal requirements that such communications be in writing.

(d) DAC Technologies has not reviewed all of the sites linked to the website and is not responsible for the content of any off-site pages or any other sites linked to the website. Your linking to any other off-site pages or other sites is at your own risk.

LICENSE AND WEBSITE ACCESS

DAC Technologies grants you a limited license to access and make personal use of this website and not to download (other than page caching) or modify it, or any portion of it, except with express prior written consent of DAC Technologies. This license does not include any (a) resale or commercial use of this website or its content, (b) any collection and use of any product listings, descriptions or prices, (c) derivative use of this website or its content, (d) downloading or copying of account information for your benefit or the benefit of any third party or (e) use of data mining, robots or similar data gathering and extraction tools.  Neither this website nor any portion of this website may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express prior written consent of DAC Technologies. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of DAC Technologies and its associates without the express prior written consent of DAC Technologies.  You may not use any meta tags or any other “hidden text” utilizing DAC Technologies’ name or trademarks without the express prior written consent of DAC Technologies. Any unauthorized use terminates the permission or license to use the website granted by DAC Technologies.

PRODUCT DESCRIPTIONS

DAC Technologies attempts to be as accurate as possible, however, DAC Technologies does not warrant that product descriptions or other content of this website is accurate, complete, reliable, current or error-free. If a product offered by DAC Technologies itself is not as described, your sole remedy is to return it in its unused condition.

ORDER ACCEPTANCE POLICY

(a) All orders are accepted in accordance with the terms and conditions set forth herein.  Following acceptance by DAC Technologies, orders are not subject to cancellation or modification except with the written approval of DAC Technologies and shall be subject to all applicable cancellation charges.  DAC Technologies reserves the right to correct any typographical errors.  All orders placed by you whether over the internet, telephone or in written form are binding and legally enforceable contracts.  You agree are wholly responsible for the actions of your employees, agents or representatives.  If an employee of yours places an order, you are responsible for the employee’s actions and you assume all responsibilities whether authorized or not.

(b) Your receipt of an electronic or other form of order confirmation does not signify DAC Technologies’ acceptance of your order, nor does it constitute confirmation of the order.  DAC Technologies reserves the right, without prior notification, to accept or decline your order or limit the order quantity for any reason.  For credit card payments, such payment is subject to the approval of the financial institution issuing the credit card and DAC Technologies shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason.  DAC Technologies may require, at its option, that any order placed over certain dollar amounts receive pre-approval.  DAC Technologies also may require additional verification or information before accepting any order.

PRODUCT AVAILABILITY

DAC Technologies cannot guarantee product availability and products and some items may not be available for immediate delivery.  DAC Technologies reserves the right, without liability or prior notice, to revise, discontinue or cease to make available any or all products or to cancel any order.  If there is any revision, discontinuance or cessation, DAC Technologies may, in its discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.

RISK OF LOSS

All items purchased from DAC Technologies are made pursuant to a shipment contract and title and all risk of loss passes to you upon delivery to the carrier.

YOUR ACCOUNT

If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you are solely responsible for all activities that occur under your account or password. If you are under eighteen, you may use the website only with involvement of a parent or guardian. DAC Technologies and its associates reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in their sole discretion.

COPYRIGHT/PROPRIETARY RIGHTS

All content included on this website such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software is the property of DAC Technologies or its content suppliers and protected by international copyright laws. The compilation of all content on this website is the exclusive property of DAC Technologies, with copyright authorship for this collection by DAC Technologies and protected by international copyright laws.  Any reproduction, modification, creation of derivative works from or redistribution of the website or the collective work or copying or reproducing the website or any portion thereof is prohibited without the express written consent of DAC Technologies.  You shall not reproduce, duplicate or copy any content from the website without the express prior written consent of DAC Technologies and you agree to abide by any and all copyright notices displayed on the website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code associated with or displayed on the website.  Without limiting the foregoing, you shall not  reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the website or its content.

TRADEMARKS

DAC Technologies’ trademarks and trade dress may not be used in any manner except with the prior written consent of DAC Technologies.

REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT

Visitors may post reviews, comments and other content and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of a card or other content. DAC Technologies reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.  If you post content or submit material, and unless DAC Technologies indicates otherwise, you grant DAC Technologies and its associates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media.  You grant DAC Technologies and its associates and sublicensees the perpetual unlimited right at no cost to use the name that you submit in connection with such content.  You represent and warrant that (a) you own or otherwise control all of the rights to the content that you post, (b) the content is accurate, (c) use of the content you supply does not violate this policy and will not cause injury to any person or entity and (d) you will indemnify DAC Vision or its associates for all claims resulting from content you supply. DAC Technologies has the right but not the obligation to monitor and edit or remove any activity or content. DAC Technologies takes no responsibility and assumes no liability for any content posted by you or any third party. 

LIMITED WARRANTY

Every third party product you buy from DAC Technologies is subject to the product manufacturer’s warranty. DAC Technologies’ thirty day limited warranty against defects may also apply. DAC Technologies’ thirty day limited warranty is a defective exchange policy that provides for either repair or replacement (at DAC Technologies’ sole discretion) of merchandise that has been confirmed as defective by either the manufacturer or DAC Technologies.  For assistance or to exchange a defective product please call 972.677.2700.  DAC Technologies reserves the right to refuse for return or charge a restocking fee for damaged or incomplete returns. No returns will be accepted without an RMA number issued by DAC Technologies or when the product is subject to the return policy(ies) of the manufacturer or distributor.

RETURNS POLICY

Product returns will not be accepted without a DAC Technologies return merchandise authorization number (RMA#).  All claims for damages or shortages must be made within thirty days of the delivery date. Approved returns after thirty days are subject to a restocking fee. Refused shipments are subject to a restocking fee and associated shipping charges.  Please contact Customer Service for an RMA number at 972.677.2700 or email dacvision.na@dacvision.com

DISCLAIMER OF WARRANTIES 

YOU AGREE THAT USE OF THE DAC TECHNOLOGIES WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE DAC TECHNOLOGIES WEBSITE, ITS CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER.  ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.  DAC TECHNOLOGIES DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE WEBSITE, ITS CONTENT AND SERVICES.  TO THE FULLEST EXTENT PERMITTED BY LAW, DAC TECHNOLOGIES DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE.  DAC TECHNOLOGIES ALSO DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS REGARDING THE PRESENCE OR ABSENCE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE.

LIMITATION OF LIABILITY 

UNDER NO CIRCUMSTANCES SHALL DAC TECHNOLOGIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF DAC TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, ITS CONTENT OR ANY RELATED SERVICE WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE, FROM INABILITY TO USE THE WEBSITE OR THE RELATED SERVICE OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR TERMINATION OF THE WEBSITE OR ANY RELATED SERVICE.  THE FOREGOING LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE.

INDEMNITY 

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD DAC TECHNOLOGIES, ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS, SUPPLIERS AND EMPLOYEES HARMLESS FROM ANY CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, LOSSES, DAMAGES AND PENALTIES OF ANY TYPE WHATSOEVER INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES, COURT COSTS AND OTHER LEGAL DISBURSEMENTS AND EXPENSES ARISING FROM OR RELATED TO, DIRECTLY OR INDIRECTLY, YOUR VIOLATION OF THESE TERMS AND CONDITIONS OF USE, YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES HEREIN OR YOUR VIOLATION OF ANY RIGHTS OF, OR DUTIES OWED TO, ANY THIRD PARTY.

CONSENT TO JURISDICTION

IN THE EVENT OF ANY CLAIM, DISPUTE OR CONTROVERSY ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OF USE OR ANY TRANSACTION BETWEEN THE PARTIES, YOU HEREBY CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS OF THE STATE OF TEXAS AND VENUE SHALL BY PROPER IN DALLAS COUNTY.

GENERAL

(a) These terms and conditions contain the entire agreement between DAC Technologies and you and govern your use of the website and all transactions or other matters between DAC Technologies and you, superseding any prior agreements between DAC Technologies and you.

(b) THESE TERMS AND CONDITIONS AND THE RELATIONSHIP BETWEEN DAC TECHNOLOGIES AND YOU SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS.  

(c) The failure of DAC Technologies to exercise or enforce any right or provision of these terms and conditions in any instance shall not constitute a waiver of such right or provision.

(d) If any of these terms and conditions is found by a court of competent jurisdiction to be invalid, such invalid provision shall be fully severable and the other provisions of this User Agreement shall remain in full force and effect.

(e) Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or these terms and conditions must be filed within one year after such claim or cause of action arose or accrued or be forever barred.

HOW TO CONTACT US

If you have any comments or questions, please do not hesitate to contact us via telephone at 972.677.2700 or email us via the online web form at dacvision.na@dacvision.com.