Terms of Service
Welcome to the David Cline Online website.
By using, logging into or registering with this website and/or ordering our products from this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern David Cline’s relationship with you in relation to this website. We reserve the right to change, edit, delete, or revise these terms and conditions at any time, and such changes will be effective immediately. Your use of the website after a change has been posted constitutes your acceptance of and consent to the amended terms of use. If you disagree with any part of these terms and conditions, please do not use our website.
The term ‘David Cline' or 'us' or 'we' refers to the owner of the website whose registered office is 810 East Jefferson Blvd Los Angeles, CA 90011 USA. The term 'you' refers to the user or viewer of our website.
SITE CONTENTS
The text, images, graphics, video files and their arrangement on the Site are all subject to copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other sites. Access to and use of the website is solely for your personal, non-commercial use. You may download, copy or print the contents of the website for your personal reference only. No right, title or interest in any of the contents of the website is transferred to you as a result of any downloading, copying, printing or use of the site. We do not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.
For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without our prior written permission.
PRIVACY
David Cline respects your privacy. For information on how David Cline collects, uses, and discloses information from its users, please review our Privacy Policy.
ORDERING
The display of any item of our website is not an offer to sell and we shall be under no obligation to supply the products ordered through this website. When you order a product from this website you are offering to buy it for the price stated, subject to these terms and conditions. You are deemed to have placed an order to buy the Products when you have completed the online checkout process. As part of the checkout process you will be given the opportunity to check your order and to correct any errors. An order acknowledgement will then be sent to you by email, detailing the products you have ordered. Note that the order acknowledgement is not an order acceptance or confirmation from us, just an acknowledgement that we have received your order.
While we endeavor to fulfill all orders, it may be necessary to refuse an order where, the ordered products are unavailable or shipping restrictions apply to them, we have been unable to authorize your payment, there has been a pricing or product description error or any of the eligibility criteria as set out in these terms has not been met. If we are unable to ship your order in a timely manner, we will contact you by email or telephone to give you the opportunity to cancel or adjust your order. We will inform you by email or telephone if your order has been refused.
PRICING AND PAYMENT
All prices include VAT (where applicable) but exclude delivery costs at the current rates as quoted in our [Shipping Info]. All prices are quoted in US Dollars (USD). David Cline reserves the right to change prices without prior notice but changes will not affect orders for which an order confirmation has already been sent. We will not be obliged to supply products which are displayed on our website at an incorrect price.
Shopping with us is 100% safe, secure and easy. All credit card numbers and personal details are encrypted when you place your order using an encrypted 128 bit SSL connection and the Authorize.net Secure Payment gateway.
Payment will be processed in US Dollars (USD). If ordering from overseas, the final price will be calculated in accordance with the applicable exchange rate on the date your debit or credit card company processes payment.
Please place orders from our Website with enough lead-time to prevent loss or disappointment resulting from delays in delivery time as David Cline cannot be held responsible for this. Please see our [Shipping Info] for estimated delivery times and charges.
TRADEMARKS
All product and service marks, trademarks, slogans, images and logos displayed on the website are trademarks of David Cline, David Cline’s suppliers and partners, or their respective owners, and may not be copied, imitated or used, in whole or in part, without the prior written permission of David Cline or the applicable trademark holder. Nothing in these Terms shall constitute a waiver of any trademark or other intellectual property rights concerning a name, logo, or trademark.
USER REGISTRATION, ACCOUNTS AND PASSWORDS
Accessing certain services on the website may require registration and the creation of an account. If you create an account on the website, you agree to be responsible for maintaining the confidentiality of passwords or other account identifiers which you choose, and for all activities that occur under such password or account identifiers. You agree to promptly notify David Cline of: (i) any loss of your password or account identifiers, and (ii) any unauthorized use of your password or account identifiers. David Cline will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the terms.
LINKS TO AND FROM OTHER WEBSITES
The David Cline website may include links to third party websites, or other sources of information. The use of third party websites and information sources is entirely at your own risk. By accessing these links, you acknowledge that such other sites or locations are not under the control of David Cline and you agree that David Cline shall not be responsible for any information or additional links found at such sites or locations, or for your use of such information. We are not responsible for third party websites, their advertising, content, and availability or privacy policies nor for any damage, loss or offence caused or alleged to be caused by use or reliance on any such advertising, content, availability or privacy policy. David Cline provides such links only for your information and convenience, and has not endorsed, tested or verified any information or programs found at such sites.
Links to this website may only be created in a way that is fair and legal, on the basis that you link to, but do not replicate, the contents of this website, and subject to the following conditions:
(i) there is no attempt to use, remove, distort or otherwise alter the size or appearance of or copy our trademarks or logos.
(ii) you may not frame this website, or create any other browser or border environment around this website.
(iii) you do not in any way imply that we are endorsing products or services other than our own.
(iv) you do not misrepresent your relationship with David Cline nor present any other false information about David Cline or our products or damage our reputation or take advantage of our reputation.
(v) your website does not contain content that is distasteful, offensive, controversial or which infringes any intellectual property rights or other rights of any other person, or otherwise does not comply with all applicable laws and regulations.
We reserve the right to revoke the right to link to our website for any breach of these terms and conditions and to take any action we deem appropriate.
INTERACTIVE AREAS AND USER CONTRIBUTIONS
Certain areas of the website may include user reviews, blogs, discussion forums, or other interactive areas or community features (“Interactive Areas”), that may allow you and other users to submit product reviews, comments, questions, feedback, ideas, suggestions or other information via the website or otherwise (“Contributions”). You are solely responsible for your use of Interactive Areas on the website and for any Contributions that you post, both of which are done at your own risk. David Cline takes no responsibility and assumes no liability for any Contributions posted, stored, or uploaded by you or any third party, or for any loss or damage thereto. In addition, although David Cline has no obligation to monitor or screen Contributions posted in any Interactive Area, David Cline reserves the right to edit or remove any Contributions on the Site at any time and for any reason without notice.
By posting Contributions, you grant David Cline a non-exclusive, royalty-free, irrevocable, worldwide, perpetual right and license to use, reproduce, modify, adapt, translate, publish, and display such Contributions in any manner or media now or later developed, including the right to change, create derivative works, sublicense, assign, and commercialize. You also waive all moral rights in and to your Contributions in favors of David Cline, our successors, assignees and licensees. We are and shall be under no obligation to maintain any Contributions in confidence, to pay any compensation for any Contributions, or to respond to any Contributions.
By using the Site, you agree that your Contributions and use of Interactive Areas will comply with all applicable laws, and will not:
.contain any material or language which is defamatory of any person, obscene, pornographic, offensive, hateful, threatening, inflammatory, sexually offensive, or racially/culturally offensive or discriminatory.
.promote sexually explicit material;
.advocate, promote or assist any illegal act including, but not limited to, violence or computer misuse, or the infringement of the intellectual property rights of any other person;
.contain viruses, corrupted data, or other harmful, disruptive, or destructive files;
.be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
.be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person, all as determined at our sole discretion;
.contain information which may identify you or another person, such as an email address or telephone number.
.be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
.give the impression that it emanates from us, if this is not the case; and/o.
.contain anything that, at the sole determination of David Cline, is objectionable or inhibits any other person from using or enjoying the website, or which may expose David Cline or its users to any harm or liability of any kind.
Failure to comply with these contribution guidelines (“Contribution Guidelines”), as determined at Davlid Cline’s sole discretion, constitutes a material breach of these terms. If you breach these Contribution Guidelines, we may take such action as we deem appropriate, including but not limited to: (i) terminating your right to use the website; (ii) removal of any Contributions; (iii) taking legal action against you, in which case you agree that we may recover reasonable costs and attorney’s fees; and/or (iv) disclosure of information to law enforcement authorities.
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
David Cline respects the intellectual property of others, and we expect all users of our website to do the same. The materials contained within this website (including without limitation the text, code, artwork, photographs, images, video material and audio-visual material) are owned by David Cline, and our licensors.
We grant to you a worldwide non-exclusive royalty-free revocable license to:
(i) view this website and the material on this website on a computer or mobile device via a web browser;
(ii) copy and store this website and the material on this website in your web browser cache memory; and print pages from this website for your own, personal and non-commercial, use.
We do not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.
For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without our prior written permission.
- NOTICE TO DAVID CLINE
If you believe any material posted on the Site infringes any copyright that you own or control, please provide David Cline with the following written information:
.Name, address, telephone number, e-mail address, and physical or electronic signature of the copyright owner, or someone authorized to act on his/her behalf;
A description of the copyrighted work or other intellectual property that you claim has been infringed upon;
.A description of where the material that you claim is infringing is located on the site, with enough detail that David Cline may locate/identify it;
.A written statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and.
.A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Notices of Copyright Infringement can be submitted to:
The Marketing Manager – David Cline
810 East Jefferson Blvd #C
Los Angeles, CA 90011
USA
INDEMNIFICATION
You agree to defend, indemnify and hold harmless David Cline and our directors, officers, employees and agents (individually and together), from and against all claims, damages, losses, liability and costs (including, but not limited to, reasonable legal costs) arising out of or related to any content you post, store or otherwise transmit on or through our website (including, without limitation, any Contributions) or your use of or inability to use this website, including without limitation any actual or threatened legal action, demand or claim made against us, arising out of or relating to any Contributions, your conduct, your violation of these terms or any other David Cline terms, policies or agreements available on or through our website, or your violation of the rights of any third party.
LIABILITY
By using the David Cline website, you acknowledge:
(1) That your use of the site is at your sole risk.
2) Our liability for losses you suffer as a result of your use of or registration with this website or ordering and using the products purchased is strictly limited to the purchase price of the products. If your use of material on this website results in the need for servicing, repair or correction of equipment, software or data, you assume full responsibility for all associated costs.
(3) That David Cline will not be liable for indirect or consequential losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including, but not limited to, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings or loss of data. Where a jurisdiction does not permit exclusion of liability for indirect or consequential loss, our liability is limited to the fullest extent permitted by the applicable law in those jurisdictions.
(4) Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
David Cline reserves the right to alter or remove the content of this website or suspend or terminate your use in any way, at any time, for any reason, without prior notification, and will not be liable for possible consequences of such changes.
SEVERABILITY
If any provision of these terms and conditions is found to be invalid or unenforceable by a court, it will be severed from the rest of these terms and conditions, which shall remain unaffected and valid to the fullest extent permitted by law.
GOVERNING LAW AND JURISDICTION
The Site is hosted on servers located in the United States and is intended to be viewed by residents of the United States. These Conditions are governed by the laws of the State of California, USA, except for its conflict of laws provisions. In the event you desire to initiate any suit against David Cline arising out of or relating to the Site (including, without limitation, the Content of the Site) and/or these Conditions, you agree to bring such suit in the federal courts sitting in California, USA unless no federal subject matter jurisdiction exists, in which case you agree to bring such suit in the state courts sitting in California, USA. You further agree that we may initiate a suit against you arising out of or relating to the Site (including, without limitation, the Content of the Site) and/or these Conditions in such courts and you hereby waive all rights you may have or which may hereafter arise to contest jurisdiction or venue in such courts.
MISCELLANEOUS
These Conditions including, without limitation, and any other terms and conditions that may appear on the Site from time-to-time contain the full understanding with respect to your use and access of the Site and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. If any portion of these Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Conditions shall remain in full force and effect. A printed version of these Conditions of Use and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of David Cline to insist upon or enforce strict performance by you of any provision of these Conditions shall not be construed as a waiver of any provision or right. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Conditions. We may provide notice to you relating to the Site and/or these Conditions by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent. You agree that any cause of action that you may desire to bring arising out of or related to these Conditions and/or the Site must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred. You may not use the Site or export the Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws
CONTACT US
We value your custom and feedback. Please direct questions or comments about our website and our products to:
David Cline Marketing Department
810 East Jefferson Blvd #C:
Los Angeles, CA 90011
USA
You can also use our contact form on this website.
