1. The Site and its Use
The applicable website or sites referred to herein as the “Site.” Each Site is provided for your personal information and non-commercial use. Please feel free to browse the Site; however, your access to and use of the Site is subject to these Terms and all applicable laws. The owner of this website shall be referred to herein as the “Owner.” You shall use the Site for lawful purposes only. You shall not post or transmit through the Site any information or material which violates or infringes, in any way, the rights of others, or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing, or otherwise objectionable. Nor shall you post or transmit through the Site any information or material which encourages conduct that would constitute a criminal offense, give rise to liability or otherwise violate any law or administrative ruling or guidelines, is in violation of these Terms, or which, without prior written approval, contain advertising or any solicitation with respect to products or services. Any conduct by you that, in the Owner’s opinion, restricts or inhibits any other user from using or enjoying the Site will not be permitted. The Site may contain information and materials, including but not limited to, text, software, photos, video, graphics and audio, (collectively “Materials”) which are derived in whole or in part from information and materials supplied by various sources, and are protected by international copyright, trademark and other laws and the entire content of the Site is copyrighted as a collective work under the United States Copyright Laws. The Owner owns the copyright in the overall selection, coordination, arrangement and enhancement of such content, and owns the rights in, or license to use, the individual components of such content. Materials may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, including but not limited to the text, images, audio and/or video, as well as any software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software). The use of any such Materials on any other website or networked computer or environment is prohibited without express written consent. If you breach any of these Terms, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed Materials.
2. What information does David and Goliath Agency, LLC collect on its site?
David and Goliath Agency, LLC will collect information when an individual registers on its site or completes a form. When ordering or registering from the David and Goliath Agency, LLC site, as appropriate, you may be asked to enter your name and/or your email address. You may, however, visit our site anonymously.
3. Does David and Goliath Agency, LLC disclose any information to outside parties?
David and Goliath Agency, LLC does not sell, trade, or otherwise transfer personally identifiable information to outside parties. David and Goliath Agency, LLC may release your information when release is appropriate to comply with the law, enforce site policies, or protect the rights of David and Goliath Agency, LLC or others’ rights, property, or safety.
THE SITE AND MATERIALS AND RELATED COMMUNICATIONS ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILTY, NON-INFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT BE APPLICABLE UNDER CERTAIN CIRCUMSTANCES. THE OWNER ALSO DOES NOT WARRANT THE ACCURACY OR COMPETENESS OF THE MATERIALS, INCLUDING BUT NOT LIMITED TO THE RELIABILITY OF ANY ADVICE, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE BY THE USE OF THE SITE THAT ANY RELIANCE ON ANY SUCH MATERIALS, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. OWNER ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE (INCLUDING ANY BULLETIN BOARD AND CHAT ROOM) OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE.
5. Third-Party Sites
Owner may provide as a convenience to you, links to websites operated by other entities and persons, but makes no representations whatsoever about any other website which you may access through this one. Any link to a non-Owner website does not mean that Owner endorses or accepts any responsibility for the content, or the use of such website. If you use these sites, you do so at your own risk. Owner makes no warranty or representation regarding, and does not sponsor or endorse, any linked websites or the information or materials appearing thereon or any of products and services described thereon. Furthermore, links do not imply that Owner is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo, or copyright of Owner.
6. Third Party Content
Any opinions, statements, services, offers or other information or content expressed or made available in the Site by any third party are those of the respective author(s) or distributor(s) and not of Owner. Limitation of Liability Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.
UNDER NO CIRCUMSTANCES WILL OWNER, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED AT, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, COSTS AND EXPENSES OF ANY TYPE INCURRED, LOST PROFITS, LOST DATA OR PROGRAMS, AND BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY WEBSITES LINKED TO THE SITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH SITES (INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE; ERROR; OMISSION; LINKING TO OTHER WEBSITES; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT OWNER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OWNER SHALL HAVE NO LIABLITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
Owner’s obligations and responsibilities regarding its products and services are governed solely by Owner’s terms and conditions of sale or license under which such products and services are sold or licensed.
Information Provided By You
It has been and remains Owner’s policy not to accept or consider ideas, suggestions or materials other than those that Owner has specifically requested from you. Accordingly, Owner does not want you to, and you should not, send any confidential or proprietary information to Owner through the Site unless specifically requested by Owner. Please note that any unsolicited information or material sent to Owner will be deemed not to be confidential or proprietary. By submitting information and material to the Site, you automatically grant to Owner (or warrant that the owner of such information and material has expressly granted to Owner) a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to other such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that Owner is free to use any ideas, concepts, know-how, or techniques that you send Owner for any purpose.
As further provided above, Owner does not want to receive, and you are deemed to covenant and agree through the use of the Site not to provide, any information or materials to Owner that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity. You shall not upload, post or otherwise make available on the Site any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.
7. Linking to Site
Anyone linking to Owner’s Site must comply with Owner’s guidelines for linking to Owner’s Site and all applicable laws.
8. International Users
The Site is administered by Owner from its offices in the United States. Materials published at the Site may refer to products, programs, or services that are not available in your country. Furthermore, Owner makes no representation that the Materials at the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where there contents are illegal is prohibited. You may not use the Site or export information and materials in violation of the export laws of the United States or any other country. If you access the Site from a location outside of the United States, you are responsible for compliance with all applicable laws.
9. Governing Law
These Terms shall be governed by the laws of the United States of America, without giving effect to any principles of conflicts of law. If any provision of this Agreement and Terms shall be unlawful, void, or for any reason unenforceable then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between Owner and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within three (3) days after the claim or cause of action arises.
10. Privacy Overview
Owner is aware of the need to address Internet privacy issues and we believe you should be aware of how we intend to treat any information about you that we might receive on the Internet as a result of your visit to the Site.
11. Information About Online Visitors
You can visit the Site without telling us who you are or revealing any information about yourself. Our web servers collect the domain names, not the email addresses, of visitors. In general, we gather information about users of the Site collectively in order to determine, for example, which areas users access more frequently and which Materials users access the most. This information helps us to determine what is most beneficial for our users, and how we can continually create a better overall experience for our users by improving the content of the Site. There are times however, when we may need information from you, such as your name and address. Customarily, the personal information Owner obtains is used to respond to inquiries, to process orders, product registration or to allow the user to access specific account information. However, this information may be used for marketing purposes. We may also ask you to voluntarily provide us with information for market research such as, your interests, demographics, and experience with our products. Occasionally, we may make the email addresses of those who provide information available to other reputable organizations whose products or services we think you may find interesting.
13. Website Links
Owner’s Site may contain links to other websites such as Owner distributors and sales representatives and other third-party websites. While Owner tries to link only to sites that share its high standards and respect for privacy, Owner cannot take responsibility for the content or the privacy practices employed by other sites.