This website (www.dyrdekmachine.com) is operated by Dyrdek Machine, LLC (“Company” or “Dyrdek Machine”). Throughout the site, the terms “we”, “us” and “our” refer to Company. Company offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink, all of which are incorporated by reference. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content, and govern all users’ access to and use of the website, including any content, functionality and services offered on or through.
Your use of the Service (for example, as a Do-or-Dier) may also be subject to additional terms, conditions, and policies for specific contests, sweepstakes, or other promotional programs, that we will separately post on the Service and which are incorporated by reference in these Terms. To the extent there is any conflict between the Terms and any supplemental terms, the supplemental terms will control with respect to the subject matter of such agreement.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, or otherwise do not meet the eligibility requirements herein, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of legal majority in your state or province of residence, or that you are the age of legal majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services
SECTION 2 - GENERAL CONDITIONS
These Terms of Service permit you to use this website for your personal, non-commercial use only. We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
This website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
You will not engage in spidering or harvesting or participate in the use of software, including spyware, designed to collect data from the Service, including from any user of the Service; transmit any virus, other computer instruction, or technological means intended to, or that may disrupt, damage or interfere with the use of computers or related systems; use any means to scrape or crawl any part of our Service; attempt to circumvent any technological measure implemented by us, our providers, or any other third party to protect us and/or the Service and its users; access our Service to obtain information to build a similar or competitive website, application, or service; attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Service; or advocate, encourage, or assist any third party in doing any of the foregoing.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of this website thereafter.
Your continued use of this website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected, and it is your responsibility, to check this page from time to time so you are aware of any changes, as they are binding on you.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice, in our sole discretion.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof), and withdraw any material on this site, without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected, and we expressly disclaim all warranties as set forth below in these Terms of Service.
If you participate in our Machinist program, we will offer new products or services for beta testing purposes with which you may experiment. Such products or services are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at our sole discretion. The provisions of this paragraph apply with full force to such products or services. From time to time, we may ask you to post certain photographs or other content to your social media. You represent and warrant that any such social media postings, communications, or statements will be effected in a manner that complies with applicable laws, rules, regulations, and guidelines (including the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising) and policies of each applicable digital and/or social media platform.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
You may be required to complete an application and/or register an account on the Service to access certain features and functionality of the Service, including for example, to become a Do-or-Dier or a Machinist. Any decisions to accept your application are made in our sole discretion and we reserve the right to deny admission to such aspects of the Service in our sole discretion. Any application information you submit, including any photographs, shall be considered a User Contribution treated in accordance with Section 9.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to pay for all orders made from your account in accordance with the prices and billing terms in effect at the time an order is made from your account. You also agree to pay all applicable taxes. To make an order through the Service, you must provide valid payment information. By providing your payment information, you agree that Dyrdek Machine is authorized to immediately invoice your account for all fees and charges due and payable to Dyrdek Machine hereunder and that no additional notice or consent is required. You agree to immediately notify Dyrdek Machine of any change in your billing address, debit card, credit card, or other relevant payment account information. Dyrdek Machine uses Shopify, Inc. ("Shopify") as a third-party service provider for payment services (e.g., credit card transaction processing, merchant settlement, and related services). By using the Service, you hereby consent and authorize Dyrdek Machine and Shopify to share any information and payment instructions you provide to complete your transactions. You agree to immediately notify Dyrdek Machine of any change in your payment information by sending an e-mail to [email protected] Dyrdek Machine reserves the right at any time to change its prices and billing methods. Please contact [email protected] regarding any billing disputes.
You will be responsible for payment of the applicable fee (each, a "Subscription Fee") for any subscription we may offer through the Service ("Subscription") at the time you subscribe to the Subscription (each, a "Subscription Commencement Date"). Except as set forth in Dyrdek Machine’s Refund Policy, all fees are non-refundable. No contract will exist between you Dyrdek Machine for the Subscription until Dyrdek Machine accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication. Your Subscription will continue indefinitely until terminated in accordance with the Agreement. After your initial Subscription period, and again after any subsequent Subscription period, your Subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at Dyrdek Machine’s then-current price for such Subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your Subscription at least thirty (30) days prior to the Renewal Commencement Date (or in the event that you receive a notice from Dyrdek Machine that your Subscription will be automatically renewed, you will have thirty (30) days from the date of the Dyrdek Machine notice), by logging into and going to the “Change/Cancel Membership” page of your “Account Settings” page. If you do not wish your account to renew automatically, or if you want to change or terminate your Subscription, please contact Dyrdek Machine at [INSERT EMAIL] or log in and go to the “Change/Cancel Membership” page on your “Account Settings” page. If you cancel your Subscription, you may use your Subscription until the end of your then-current Subscription term; your Subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the Subscription Fee paid for the then-current Subscription period. By subscribing, you authorize Dyrdek Machine to charge your payment provider now, and again at each subsequent Renewal Commencement Date. Upon renewal of your Subscription, if Dyrdek Machine does not receive payment from your payment provider, (a) you agree to pay all amounts due on your account upon demand and/or (b) you agree that Dyrdek Machine may either terminate or suspend your Subscription and continue to attempt to charge your payment provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new Subscription commitment period will begin as of the day payment was received).
The payments required under this Section do not include any Sales Tax that may be due in connection with the Service provided under this Agreement. If Dyrdek Machine determines it has a legal obligation to collect a Sales Tax from you in connection with these Terms, Dyrdek Machine shall collect such Sales Tax in addition to the payments required under this Section. If any Service, or payments for any Service, under these Terms are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Dyrdek Machine, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Dyrdek Machine for any liability or expense Dyrdek Machine may incur in connection with such Sales Taxes. Upon Dyrdek Machine’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, "Sales Tax" shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. If you decide to access of any of the third-party websites linked to from this website, you do so entirely as your own risk.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites, or the material or services therein. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third-party.
SECTION 9 - USER COMMENTS, FEEDBACK, CONTENT AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), or otherwise utilize any of the interactive features of the site to post, submit, publish, display, or transmit content or materials (along with comments, collectively, “User Contribution”), all User Contributions must comply with the rules and standards set forth herein and in any supplemental terms governing such User Contributions. You agree that we may, at any time, without restriction, edit, copy, publish, distribute, modify, reproduce translate and otherwise use in any medium any User Contributions that you post or contribute, and you hereby grant us a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to edit, copy, publish, distribute, modify, reproduce translate and otherwise use any User Contribution for any legitimate business purpose in any and all media (for example, on social media platforms), whether now known or hereafter invented or devised. You may not sell, re-sell, or encumber your rights in any User Contribution. Further, Do-or-Dier participants acknowledge and agree that any video submissions you submit through the Service may not be used or displayed without prior written consent of Company. We are and shall be under no obligation (1) to maintain any User Contributions in confidence; (2) to pay compensation for any User Contributions; or (3) to respond to any User Contributions.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that the User Contributions will not (a) violate any right of any third-party, including without limitation copyright, trademark, privacy, personality or other personal or proprietary right; contain libelous or otherwise unlawful, abusive or obscene material; and (c) contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Contributions. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. You will not use the Service or submit any User Contribution to stalk, harass, threaten or harm any third-party, impersonate any third party, or participate in any fraudulent or illegal activity.
The Service allows you to post reviews, ratings and comments about Company products (collectively, “Reviews”), and you are solely responsible for any comments, opinion, statement, recommendation or advance contained therein. Reviews posted on our Service is considered a User Contribution and such User Contribution is not endorsed by Company nor does such User Contribution necessarily represent the views of Company. You acknowledge that any opinions, statement, recommendation, ratings, offers, advice or other information presented or disseminated in any Review are those of their respective authors who are solely responsible and liable for their User Contribution. Company shall have the right, but not the obligation to monitor or review any Reviews at any time. Company reserves the right to refuse to post or remove any material submitted or posted in any Review. Because we expect users to maintain a high level of integrity with respect to ratings and reviews posted through the Service, you agree: (i) to base any rating or review you post only on your first-hand experience with the products or services of Company; (ii) you will not provide a rating or review for products or services if you have an employment relationship or other affiliation with Company; (iii) you will not submit a rating or Review in exchange for payment or other benefits from any individual or entity; and (iv) your Review will comply with the terms of this Agreement. If Company determines, in our sole discretion, that any rating or Review could diminish the integrity of the ratings and Reviews, we may exclude such User Contribution without notice.
SECTION 10 – COPYRIGHT AND INTELLECTUAL PROPERTY
The Service, and the information and content available on the Service are protected by copyright laws throughout the world. Subject to the Terms, Company grants you a limited license to access and use the Service for your personal or internal business purposes. Unless otherwise specified by Company in a separate license, your right to use the Service is subject to the Terms.
We respond to notices of alleged copyright infringement and terminate access to our Service for repeat infringers. If you believe that your material has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
your address, telephone number, and email address;
a description of the work that you claim is being infringed;
a description of the material that you claim is infringing and are requesting be removed along with information about where it is located;
a statement that you have “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
an electronic or physical signature of the copyright owner (or a person authorized to act for the copyright owner); and
a statement by you, made under penalty of perjury, that the information you are providing is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
[INSERT AGENT INFORMATION]
If you do not follow these requirements, your notice may not be valid. Please note, only notices of alleged copyright infringement should be sent to our Copyright Agent.
If we determine that you are a repeat infringer, we may terminate your access to our Site, remove or ban you (and any Site account you created or control), and take other appropriate action in our sole discretion.
SECTION 11 - PERSONAL INFORMATION
You are responsible for:
Making all arrangements necessary for you to have access to the Website.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We have no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
YOUR USE OF THIS WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE (INCLUDING THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED THROUGH IT) IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE (INCLUDING THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED THROUGH IT) ARE 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 ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, DURABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk.
IN NO EVENT WILL COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, SUPPLIERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THIS WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE (INCLUDING THE SERVICE AND ANY PRODUCTS PROCURED USING THE SERVICE OR THIS WEBSITE) OR SUCH OTHER WEBSITES, 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, LOSS OF DATA, AND WHETHER CAUSED 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.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any and all claims, suits, demands, losses, costs, or expenses including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach or violation of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 – SEVERABILITY/WAIVER
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
We also may terminate this agreement at any time without notice (including if, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service) and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California.
SECTION 20 – DISPUTE RESOLUTION
Please read the following arbitration agreement in this Section ("Arbitration Agreement") carefully. It requires you to arbitrate disputes with Dyrdek Machine and limits the manner in which you can seek relief from us.
Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Service, to any products sold or distributed through the Service, or to any aspect of your relationship with Dyrdek Machine, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or Dyrdek Machine may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: Attn: Arbitration Opt Out, [INSERT ADDRESS AND EMAIL ADDRESS]. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS's most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS's filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Dyrdek Machine will pay them for you. In addition, Dyrdek Machine will reimburse all such JAMS's filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Dyrdek Machine. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. YOU AND DYRDEK MACHINE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Dyrdek Machine are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the first paragraph of this Arbitration Agreement (Applicability of Arbitration Agreement). An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection's limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in the State of California. All other claims shall be arbitrated.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: [email protected] within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Dyrdek Machine username (if any), the email address you used to set up your Dyrdek Machine account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Severability. Except as provided in the “Waiver of Class or Other Non-Individualized Relief” paragraph, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Dyrdek Machine.
Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Dyrdek Machine makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Dyrdek Machine at the following address: Dyrdek Machine, 400 S Beverly Drive Penthouse Beverly Hills, CA 90212.
SECTION 21 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 22 – ELECTRONIC COMMUNICATIONS
The communications between you and Dyrdek Machine may take place via electronic means, whether you access the Service or send Dyrdek Machine e-mails, or whether Dyrdek Machine posts notices on the Service or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Dyrdek Machine in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Dyrdek Machine provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
SECTION 23 – RELEASE
You hereby release Dyrdek Machine and its successors, parents, affiliates, subsidiaries, and its and their directors, employees, independent contractors, and licensors (collectively, “Dyrdek Machine Parties”), from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Service, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of these Terms or your use of the Service. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Dyrdek Machine Party or for such party's fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Service.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at order [email protected].