772.419.7199

Terms and Conditions of Use

D-DEY RESPONSE GROUP offers merchandise for purchase to the customer (or “you” or “your”) for personal or commercial use, and on an “as is” and “as available” basis (the “Services”). D-DEY RESPONSE GROUP and its affiliated brands and services (“D-DEY RESPONSE GROUP”, “we” or “us“) provides this and other websites including applications and other online services that are accessible through various desktop, tablet and mobile web browsers from time to time (collectively the “Sites”) subject to your compliance with these Terms and Conditions of Use (“Term of Use”).

These Terms of Use constitute an agreement between D-DEY RESPONSE GROUP and you.  We recommend that you print out a copy of these Terms of Use for your records. By using the Sites, you affirm that you are able and legally competent to agree to and comply with these Terms of Use. If you do not agree to these Terms of Use or if you are not legally competent to agree to them, then you may not use the Sites. D-DEY RESPONSE GROUP reserves the right, at any time, to change these Terms of Use, the Privacy Statement and the Sites. The revised Terms of Use and Privacy Statement supersede all previous versions, notices or statements concerning use of the Sites.

To purchase any products on our sites, you will be required to register an account using a current valid e-mail address and by generating a password. You are responsible for all costs, expenses and fees related to your access to the Sites. We help you protect the security of your information by requiring you to authenticate your identity by way of a User ID and other factors, which may include a password, token and/or challenge questions (“Authentication Factors”). Once we have authenticated you the first time and you have set up your Authentication Factors, you will be able to purchase merchandise offered on our website each time you sign-in. You agree to maintain or update the e-mail address that you provide to us when you first register for the Services. We use your e-mail address to communicate with you electronically. E-mail is not secure and you understand that there are risks associated with communicating via e-mail, including the possibility of unauthorized access, failure to receive e-mails because they have been misdirected or sent to a spam folder, and your inability to access e-mail due to power outages, hardware or software malfunctions or failures of your computer or mobile device, or matters affecting the Internet or your access to the Internet. Do not rely on e-mail if you need to contact us immediately. For security reasons, we may not be able to respond to certain e-mail requests.

Authentication and Security

We help you protect the security of your information by requiring you to authenticate your identity (i.e., prove that you are who you say you are) each and every time you sign-in to the Services. You acknowledge and agree that you should not share your sign-in credentials with any other person, and that any use of your sign-in credentials will be relied upon by us and shall constitute your authorization to complete any transactions that are requested. You agree that if you give your sign-in credentials and access to a recognized device to another, you are authorizing that person to transact on your behalf, and you are responsible for their activity on this website. This means that you must keep your sign-in credentials personal and confidential and not disclose this information to any other person. It is a good idea to protect your security by always closing your web browser after logging out of the Services. You can contact us at (772) 419-7199 or admin@d-dey.com regarding technical issues with this site.

Privacy and Security

Please review our Privacy Statement, which is incorporated into these Terms of Use, and governs your use of the D-DEY RESPONSE GROUP Sites.  To the extent there is a conflict between the terms of the Privacy Statement and the Terms of Use, the Terms of Use govern. Information security is important to D-DEY RESPONSE GROUP. We have established appropriate physical, electronic and managerial safeguards to protect the information that we collect from or about our users. D-DEY RESPONSE GROUP does, however, reserve the right always to disclose any information as D-DEY RESPONSE GROUP deems necessary to satisfy any applicable law or regulation, legal process or request, and administrative or governmental request.

 

Intellectual Property Rights

The Sites contain valuable trademarks (TM) and service marks (SM) owned, licensed and used by D-DEY RESPONSE GROUP (collectively, the “D-DEY RESPONSE GROUP Marks”). Notice of the D-DEY RESPONSE GROUP Marks is provided by prominently posting D-DEY RESPONSE GROUP throughout the Sites. Any use of the D-DEY RESPONSE GROUP Marks without the prior written permission of D-DEY RESPONSE GROUP is strictly prohibited.  The arrangement and layout of the Sites, including but not limited to, the D-DEY RESPONSE GROUP Marks, images, text, graphics, buttons, screenshots, music, digitally downloadable files, software, applications, and other content or material (collectively, the “Site Content”), are the sole and exclusive property of D-DEY RESPONSE GROUP. Unauthorized copying, reproduction, modifying, republishing, uploading, downloading, posting, transmitting, making derivative works or duplicating all of any part of the Sites is prohibited. D-DEY RESPONSE GROUP uses a network of independent third-party manufacturers, shippers, product and content suppliers, distributors, software developers, software support services, advertisers and marketers, and other third parties to supply the products, software, and services. All other trademarks, service marks, product names, package designs and company names or logos associated with these product and content suppliers, distributors and other such third parties that are not owned by D-DEY RESPONSE GROUP but appear on the Sites are the property of their respective owners.

Order Acceptance

In order to purchase products, the customer agrees to pay the price indicated in the product page, checkout page, or order, as the case may be. The receipt of an order number to purchase an item, or an email order confirmation, does not constitute the acceptance of an order or a confirmation of an offer by D-DEY RESPONSE GROUP to purchase that item at that price. D-DEY RESPONSE GROUP reserves the right, without prior notification, to provide a similar comparable or upgraded item in the event that the item you ordered is no longer in stock or discontinued. D-DEY RESPONSE GROUP reserves the right, without prior notification, to limit the order quantity on any item or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. D-DEY RESPONSE GROUP will not use a credit report to determine whether an order will be accepted.  D-DEY RESPONSE GROUP makes every effort to accurately display colors of products appearing on the Sites. However, because the colors you see directly depend on your monitor settings, D-DEY RESPONSE GROUP cannot guarantee that your monitor will accurately display the colors of items on the Sites. Prices and availability of products on the Sites are subject to change by D-DEY RESPONSE GROUP without notice.

Errors will be corrected if and as when discovered and at D-DEY RESPONSE GROUP’s sole discretion. D-DEY RESPONSE GROUP reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission, including after an order has been submitted. Certain orders may constitute improper use of the Sites.  D-DEY RESPONSE GROUP reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at D-DEY RESPONSE GROUP’s sole discretion. It is expressly agreed that time is not of the essence with order acceptance or order implementation, including the preparation of an order by the manufacturer, and the shipping of that order by the shipper.

Shipping Your Order

Shipping times are based on in-stock items and your selected shipping method. To estimate the arrival date of your order, add the processing time and the shipping time to calculate the total shipping time in business days to receive your items. If an item is not in-stock, additional delivery time will apply based on the products availability and must be added to the total shipping time.  At this time we only ship within the continental United States and U.S. territories, Canada and Mexico. The risk of loss and title for all merchandise ordered on this Site pass to you when the merchandise is delivered to the shipping carrier. International Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details. Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. D-DEY RESPONSE GROUP is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.

  • Shipping Method: You may select your own shipping method for most products. Certain items require D-DEY RESPONSE GROUP to select the shipping method and not all options may be available depending on the items in your shopping cart.
  • Shipping Time: The amount of time in transit for your selected shipping method.
  • Business Days:Monday through Friday, excluding holidays.
  • Processing Time:1-24 Hours. In-Stock orders placed by 3pm during business days are usually shipped out the same day.
  • Sales Tax: D-DEY RESPONSE GROUP charges sales tax for merchandise ordered on this Site based on the applicable state sales tax rate and the location to which the order is being shipped.

Return Policy

 No refunds available for any Services, including any product or training course.  Credits may be used and applied to any other training course within the calendar year.  Gift Certificates will expire within one year of issue.  Course Cancellations will not be credited or refunded unless D-DEY has been notified via email 15 days prior to course start date.  You may purchase merchandise from this Site by using any one of the payment options listed in (link to Payment Options).  D-DEY RESPONSE GROUP reserves the right to change its payment procedures at any time without prior notice to you. 

Order Cancellations

Due to our commitment to process orders quickly and the nature of the Services, there is a limited period of time in which your order can be cancelled. Please follow directions to submit a cancellation request. Please note that a request, acceptance or denial of the cancellation will be sent to the email on the order. If you have not received an email confirmation from us, your order has not been cancelled. If you are canceling an order due to backorder or discontinuation, please contact our customer service department to confirm the backorder date before making your final decision.

Links to Other Websites

The Sites may contain links to software, services and information on third party websites that are not under D-DEY RESPONSE GROUP’s ownership or control (“Other Sites”). D-DEY RESPONSE GROUP makes no claim and accepts no responsibility regarding the quality, nature or reliability of the Other Sites that are accessible by any means, including hyperlinks from the Sites or hyperlinks to the Sites. D-DEY RESPONSE GROUP provides these links to you and the inclusion of any link does not imply endorsement by D-DEY RESPONSE GROUP of Other Sites, or any association or relationship with the operators of such Other Sites. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third party Other Sites.

Copyright Policy

All content on the Sites is subject to copyright by D-DEY RESPONSE GROUP (“Copyright Policy”). This Copyright Policy describes D-DEY RESPONSE GROUP’s policy of prohibiting any information or materials that violate another party’s intellectual property rights from appearing on their websites and their related domains. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for a copyright owner who believes that material appearing on the Internet infringes rights under U.S. copyright law. D-DEY RESPONSE GROUP complies with the DMCA by responding to notices and counter-notices that meet the DMCA requirements. Any communications concerning the Copyright Policy should be provided by e-mail at admin@d-dey.com and to the D-DEY RESPONSE GROUP mailing address.

Mobile Devices and Mobile Applications

If you use a mobile device to access pages of the Sites optimized for viewing via a mobile device, opt in to receive SMS messages from D-DEY RESPONSE GROUP, as and when available, or are using a mobile application, the following additional terms and conditions (“Mobile Terms”) also apply to you. Your access to the Sites via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms of Use. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Sites or use of a mobile application. All such charges are billed by and payable to your mobile service provider. You understand that wireless access through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application.

User Generated Content

From time to time, the Sites may permit the submission of content, such as comments, blogs and product reviews, generated by you and other users (“User Content”). You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on the Sites is non-confidential and non-proprietary. By submitting User Content, you represent and warrant to D-DEY RESPONSE GROUP  that: (i) your User Content does not violate the Marks or any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize D-DEY RESPONSE GROUP  to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content, and (iii) your User Content does not violate D-DEY RESPONSE GROUP  Acceptable Use Policy set forth below. As between you and D-DEY RESPONSE GROUP, you will retain all of your ownership rights in and to your User Content. By submitting User Content to D-DEY RESPONSE GROUP, you grant to D-DEY RESPONSE GROUP  a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sub-licensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User Content, in whole or in part, including future rights that D-DEY RESPONSE GROUP  (or its affiliate, subsidiary, partner, successor or nominee) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law. You also grant each user of the Sites a non-exclusive license to access your User Content through the Site; and to use, access, watch, reproduce, distribute, transmit, forward, display and perform the User Content in whole or in part, to the extent permitted by the Sites under these Terms of Use.

D-DEY RESPONSE GROUP does not endorse any User Content or any opinion, recommendation, or advice expressed. D-DEY RESPONSE GROUP reserves the right to but is not obligated to monitor User Content or other content sent to or through the Sites. D-DEY RESPONSE GROUP has the right to refuse, abbreviate, modify, remove or delete any User Content or to terminate any user’s access to the Sites if D-DEY RESPONSE GROUP determines, in its sole and absolute discretion, that such User Content or user violates or has violated these Terms of Use. D-DEY RESPONSE GROUP takes no responsibility for and expressly disclaims any and all liability in connection with User Content. You agree that you will not violate or attempt to violate the security of the Sites. Violations of the Sites, the Internet or web systems or network security may result in civil or criminal liability. D-DEY RESPONSE GROUP reserves the right to investigate occurrences which may involve such violations and will cooperate with, law enforcement authorities in prosecuting users who have participated in violations.

Communications

D-DEY RESPONSE GROUP may record and monitor incoming and outgoing telephone, cellular, wireless, cordless, VOIP and all other calls and online chats with you for customer service, reference, accuracy, verification, agreement enforcement and training purposes. For all communications made to or with D-DEY RESPONSE GROUP  including but not limited to calls, online chats, feedback, questions, comments and suggestions: (i) you will have no right to confidentiality in your communications and D-DEY RESPONSE GROUP will have no obligation to protect your communications from disclosure; (ii) D-DEY RESPONSE GROUP  will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) D-DEY RESPONSE GROUP  will 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. Please see the Privacy Statement for further information.

Indemnity for Site

You agree to indemnify and hold D-DEY RESPONSE GROUP and its affiliates, subsidiaries, distributors, officers, stockholders, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of (i) your use of the Sites, including any User Content you submit, post to or transmit through the Sites, (ii) your violation of these Terms of Use or (iii) your violation of any rights of another user.

Disclaimer of Warranties 

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY, NOR ANY PERSON OR ENTITY ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO BY THE WEBSITE. THE COMPANY, NOR ANY PERSON OR ENTITY ASSOCIATED WITH THE COMPANY, ASUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) DAMAGES, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATING TO THE WEBSITE OR ANY OF OUR PRODUCTS OR SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF A PURCHASED ITEM.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

IN NO EVENT WILL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE WEBSITE, ANY SITES LINKED TO IT, OR ANY CONTENT, GOODS, OR SERVICES OBTAINED THROUGH THE WEBSITE OR ANY SITES LINKED TO IT INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CASUED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE GREAT OF (I) THE AMOUNT IN DISPUTE NOT TO EXCEED THE TOTAL AMOUNT WHICH YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION, OR (II) ONE HUNDRED DOLLARS ($100).

Legal Disputes

YOU AND D-DEY RESPONSE GROUP AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION. THIS INCLUDES ANY CLAIMS YOU MAY HAVE UNDER THE D-DEY RESPONSE GROUP PRIVACY STATEMENT, WEB SITE TERMS OF USE OR ANY AGREEMENT YOU MAY HAVE WITH US.

You and D-DEY RESPONSE GROUP agree to resolve all claims and disputes of every kind between them or their respective owners, partners, shareholders, affiliate (including parents, subsidiaries, and other related entities), predecessors, successors, or assigns only through binding individual arbitration with Arbitration Resolution Services (“ARS”).  This Arbitration Agreement is to be broadly interpreted.  It includes: (A) claims or disputes relating to any aspect of the relationship between you and D-DEY RESPONSE GROUP including claims or disputes relating this Terms of Use, whether based in contract, tort, statute, fraud, misrepresentation, omission, or any other theory; (B) claims or disputes that arose before this Terms of Use Agreement or any other agreement became effective (including claims or disputes relating to advertising); (C) claims or disputes that are the subject of purported class action litigation on the date this Terms of Use Agreement becomes effective but you are not a member of a certified class on that date; and (D) claims or disputes that arise after the termination of this Terms of Use Agreement but relate to it or to it.

Class Action Waiver.  You and D-DEY RESPONSE GROUP waive their rights to sue before a judge or jury and to participate in a class action, class-wide arbitration, private attorney general action, or any other proceeding in which a party acts in a representative capacity.  Instead, any claim or dispute will be resolved on an individual basis by a neutral arbitrator whose decision (called an “award”) will be final except for a limited right to appeal under the Federal Arbitration Act.  The arbitrator may not join or consolidate proceedings together without the consent of all parties to all proceedings.

Before seeking arbitration, you and D-DEY RESPONSE GROUP must first send to the other, by certified mail return receipt requested or a courier service that requires a signature upon delivery, a written Notice of Dispute (“Notice”).  A Notice to D-DEY RESPONSE GROUP must be address to:  7834 SW Jack James Drive, Stuart, FL 34990.  A Notice to you must be addressed to its address in D-DEY RESPONSE GROUP’s records.  The Notice must (A) describe the nature and basis of the claim or dispute; and (B) set forth the specific relief sought.  If D-DEY RESPONSE GROUP and you do not reach an agreement to resolve the claim or dispute within 30 days after the Notice is received, you or D-DEY RESPONSE GROUP may commence an arbitration.

D-DEY RESPONSE GROUP or you may bring an individual suit in a small claims court instead of sending a Notice or arbitrating.  You may sue in the small claims court in your principal place of residence or business, or in Palm Beach County, Florida.

The ARS’s Rules and Regulations for Businesses to Individuals Program or Business to Businesses Program, as modified by this Arbitration Agreement, apply.  To commence arbitration, submit a Demand for Arbitration with the required fee to the ARS and send a copy to D-DEY RESPONSE GROUP at the following address:  7834 SW Jack James Drive, Stuart, FL 34990.  You and D-DEY RESPONSE GROUP expressly agree to abide by any and all rules of ARS as found in their web site at www.arbresolutions.com.  In the event that a party fails to pay any award, the award may be converted to judgment in a Court of competent jurisdiction.  Any in-person hearing will be held in the county of EP’s principal place of business.

For disputes involving $25,000 or less, D-DEY RESPONSE GROUP will pay all ARS and arbitrator’s fees and will promptly refund your filing fee, unless the arbitrator finds the arbitration frivolous or brought for an improper purpose.  For disputes involving more than $25,000, ARS rules govern fees.  D-DEY RESPONSE GROUP will not seek its attorney’s fees or expenses in any arbitration.

The arbitrator may award the same relief as a court could but may award declaratory or injunctive relief only to the individual party and only to the extent necessary to provide relief for that party’s individual claim.  Any court with jurisdiction may enforce the arbitrator’s award.

If the class action waiver mentioned herein is found to be illegal or unenforceable as to all or any part of a claim or dispute, then the Arbitration Agreement is null and void as to that part, which shall proceed in court with the rest of proceeding in individual arbitration.  If any other provision of the Arbitration Agreement is found to be illegal or unenforceable, that provision shall be severed and the rest will continue to apply in individual arbitration.

Notwithstanding any provision to the contrary, if EP makes any future change to this Arbitration Agreement (other than address changes), you may reject that change by sending D-DEY RESPONSE GROUP written notice within 30 days of receiving notice of the change to the following address:  7834 SW Jack James Drive, Stuart, FL 34990.  The version of the Arbitration Agreement in force just before the rejected change will govern.

Governing Law

The laws of the State of Florida govern this Terms of Use Agreement, including claims for its enforcement or breach, except that the Federal Arbitration Act governs all matters relating to arbitration.  The parties agree that all actions arising under or relating to this Agreement, transactions contemplated hereby, unless otherwise stated herein, shall be brought exclusively in any United States District Court or State Court located in or closest to Palm Beach County, Florida having subject matter jurisdiction over such matters, and the parties each hereby consent and agree to such personal jurisdiction, and waives any objection as to the venue, of such courts for purposes of such action.

One-Year Limit on Claims and Disputes

Any claim or dispute must be filed in arbitration or small claims court (or in court if the Arbitration Agreement is found to be illegal or unenforceable so as to permit filing in court) within one (1) year of the date it first could be filed.  Otherwise it is permanently barred.

Conflicting Terms

The terms and conditions of this Agreement shall prevail over any additional, contrary terms, or oral representations, which may be contained in any instructions or other communications submitted to D-DEY RESPONSE GROUP by you with respect to this Agreement.

Termination

Your ability to access and use the Sites remains in effect until terminated in accordance with these Terms of Use. You agree that D-DEY RESPONSE GROUP, in its sole discretion, may terminate your account and your use of the Sites and may abbreviate, modify, alter, remove and delete your User Content if D-DEY RESPONSE GROUP believes that you have violated or acted inconsistently with these Terms of Use or for any other reason. D-DEY RESPONSE GROUP   also may in its sole discretion and at any time discontinue providing the Sites, or any part thereof, with or without notice. You agree that any termination of your access to the Sites may be effected without prior notice and you acknowledge and agree that D-DEY RESPONSE GROUP   may bar any further access to the Sites. Further, you agree that D-DEY RESPONSE GROUP will not be liable to you or any third-party for any termination of access to the Sites. You may terminate your account by sending an email to D-DEY RESPONSE GROUP at admin@d-dey.com , with the subject line “Termination Request”.

The provisions of the Intellectual Property Rights, User Generated Content, Acceptable Use Policy, Disclaimer of Warranties, Indemnity, Limitation of Liability, and Legal Dispute sections, together with and any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of the D-DEY RESPONSE GROUP Terms of Use or Privacy Statement.

Notice to California Residents

California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. These warnings relate to some but not all tools, lead crystal glassware, ceramic tableware, tiffany style lamps, and electrical cords. Pursuant to California Civil Code Section 1789.3, D-DEY RESPONSE GROUP provides users of the Sites with the following notice: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.

Right to Access

You must be at least eighteen (18) years old to use the Sites.  By using the Sites, you affirm that you are over age eighteen (18) years. If you are under age eighteen (18), you may not access or use the Sites. If you are a parent or guardian that provides consent to your teenager’s or minor’s use of the Sites, you agree to be bound by these terms in respect such teenager’s or minor’s use of the Sites.

Outages

D-DEY RESPONSE GROUP periodically schedules system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that D-DEY RESPONSE GROUP   has no responsibility and is not liable for: (a) the unavailability of any of the Sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.

Jurisdictional Issues

The Sites are operated by D-DEY RESPONSE GROUP and are intended for users who reside in the contiguous United States of America, which excludes Alaska, Hawaii, Puerto Rico and the US overseas territories. D-DEY RESPONSE GROUP retains the right at its sole and absolute discretion to exclude sales to other states within the contiguous United States of America. D-DEY RESPONSE GROUP makes no representations or warranties that the Sites or any materials contained in them are valid, appropriate or available for use outside of the United States. D-DEY RESPONSE GROUP reserves the right to limit the availability of the Sites or the provision of any service, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole and absolute discretion.

General Information

No waiver of any provision or any breach of this Agreement will constitute a waiver of any other provisions or any other or further breach. In the event that any provision of this Agreement will be illegal or otherwise unenforceable, such provision will be severed, and the balance of the Agreement will continue in full force and effect. These Terms of Use set forth the entire Agreement between you and D-DEY RESPONSE GROUP   with respect to use of the Sites and supersede any prior agreements between you and D-DEY RESPONSE GROUP. The Terms of Use are not assignable, transferable or sub-licensable by you except with D-DEY RESPONSE GROUP’s prior written consent. No waiver by either Party of any breach or default here-under will be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. D-DEY RESPONSE GROUP’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of D-DEY RESPONSE GROUP’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by D-DEY RESPONSE GROUP with respect to such use. The Parties agree that all correspondence relating to these Terms of Use must be written in the English language.

CHANGES TO OUR TERMS OF USE

We may occasionally update our Terms of Use to reflect changes in our practices. When we post modifications to this Terms of Use, the modified Terms of Use will be effective immediately upon posting on the Service. Your continued use of the Sites after the date of the posting of the modified Terms of Use constitutes your agreement to abide and be bound by that Terms of Use. We encourage you to periodically review this page for the latest information on our Terms of Use. If you object to any modification, your sole recourse is to stop using the Sites as of that date of the modified Terms of Use.

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