Terms and Conditions
Introduction
PLEASE READ THESE TERMS AND CONDITIONS (“T&C”) OF USE CAREFULLY. THE TERMS “WE,” “US,” AND “OUR” REFER TO DISCUS DIRECT LLC DOING BUSINESS AS (DBA) DISCUS DIRECT. THESE T&C (AS AMENDED FROM TIME TO TIME) APPLY TO YOUR USE OF THE SITE. BY ACCESSING AND USING THIS SITE, YOU ACKNOWLEDGE THESE T&C. IF YOU DO NOT AGREE TO THESE T&C, PLEASE DO NOT USE THE SITE.
This website is owned and operated by Discus Direct, which 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. Through accessing our site or making a purchase from us, you give consent to be bound by these terms and conditions to include additional terms, conditions, and policies referenced herein or accessible via hyperlinks. These T&C apply to all users, visitors, and those who contribute content to our site.
Any new products added to our store will be subjected to these terms and conditions. Any new and all amendments to these T&C can be reviewed at any time on this page, and we retain the right to revise or replace any part of these terms and conditions by posting updates or revising our website. It is your responsibility to review these terms and conditions periodically for revisions. Your continued use of or access to our website after the posting of revisions will constitute an acceptance of those updates.
Any new products added to our store will be subjected to these terms and conditions. Any new and all amendments to these T&C can be reviewed at any time on this page, and we retain the right to revise or replace any part of these terms and conditions by posting updates or revising our website. It is your responsibility to review these terms and conditions periodically for revisions. Your continued use of or access to our website after the posting of revisions will constitute an acceptance of those updates.
Our Ecommerce Terms
Agreeing to these terms and conditions, you represent that you are at least 13 years of age in your state or province of residence. 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 agree to not transmit any viruses or worms in any form of code that can be detrimental or destructive. A violation of these terms will result in an immediate termination of your access.
General Conditions
We reserve the right to decline service to anyone for any reason at any time. You understand that your content (excluding credit card data) may be transmitted unencrypted by transmissions over various networks. Credit card information is always encrypted during transmissions over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of our products without explicit written authorization by us. Please note, the titles used in this document are included for convenience only and will not affect these terms and conditions.
Timeliness, Completeness, and Accuracy of Information
If inaccurate, incomplete, or out-of-date information is made available on this site, Discus Direct is not responsible. The information on this site is provided for general purpose information only and should not be relied upon or used as the sole basis for making decisions, and the reliance on the information on the site is at the sole risk of the user. This site may contain "Historical Information," which may not be current; however, it is provided for reference. Discus Direct reserves the right to revise site contents at any time but is not obligated to modify any data published on the site. As a user of the site, you agree that it is your responsibility to periodically check for changes.
Modifications of Products and Prices
Prices for our products are subject to change without notice. Discus Direct reserves the right to revise, discontinue, or modify any product listed on the site without prior notice. In addition, we will not be held liable by you or a third party for any price change, modification, or discontinuance of any product we list on our site. Our products are available through our site and are covered by our “Arrive Alive Guarantee” located HERE.
We make every effort to showcase as accurately as feasible the images and colors of our products that are listed for sale on the site. We do not guarantee that our images and the colors of our images will display accurately on your computer, tablet, or mobile device.
We make every effort to showcase as accurately as feasible the images and colors of our products that are listed for sale on the site. We do not guarantee that our images and the colors of our images will display accurately on your computer, tablet, or mobile device.
Accuracy of Account and Billing Information
We will protect and not resell your information to other organizations without your prior consent. You consent to promptly update your account information that includes email addresses and credit card information (credit card number and expiration date) for us to complete your transaction and contact you if needed. We reserve the right, for reasons we determine appropriate, to decline any order you place with us. If, for some reason, we change or cancel your order, we will attempt to contact you using the contact information you have provided to us.
Links to Third Party
Links to third parties on our site may direct you to a third party’s site. We are not responsible for the accuracy of the content and will not be liable for the material contained on the third party's site, including their products, services, or materials. In addition, you will not hold Discus Direct responsible for damages or harm related to any purchase of services or goods offered by the third party. Any questions, concerns, claims, or complaints in reference to the third party’s services or products are to be directed to the third party.
User Submissions, Feedback, and Comments
If at any time you submit suggestions, comments, or share material with us via online, email, or postal mail, you agree that at any time, we may copy, distribute, edit, publish, or use the information without restriction in any form. Discus Direct will be under no commitment to preserve comments in confidence or pay monetary compensation for comments or answer any comments. You agree that comments that are offensive, unlawful, threatening, defamatory, libelous, obscene, pornographic, or those that violate anyone’s intellectual property, copyrights, privacy, trademarks, or these T&C will be removed. The use of fake identities, email addresses, or other identifying information that we cannot verify may, at our discretion, remove the offending information and report the incident to local authorities. Discus Direct assumes no responsibility or liability for comments posted by you or any third party.
Personal Information
Your submission of personal information on our site is governed by our Privacy Policy, located HERE.
Prohibited Uses
You may not use the site or its contents in any manner that is prohibited by these terms and conditions in addition to:
(1) Engaging or soliciting others to engage in any unlawful activity; (2) Violating any international, federal, provincial, or state regulations, rules, laws, or local policies; (3) Infringing on or violating our intellectual property rights or the intellectual property rights of others; (4) Harassment, defamation, insult, abuse, harm, ridicule, intimidate, disparage, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (5) Providing false or misleading information; (6) Using malware or virus software to harm computer systems, circumvent security features, or capture or track personal information of others. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
(1) Engaging or soliciting others to engage in any unlawful activity; (2) Violating any international, federal, provincial, or state regulations, rules, laws, or local policies; (3) Infringing on or violating our intellectual property rights or the intellectual property rights of others; (4) Harassment, defamation, insult, abuse, harm, ridicule, intimidate, disparage, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (5) Providing false or misleading information; (6) Using malware or virus software to harm computer systems, circumvent security features, or capture or track personal information of others. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disclaimer of Warranties; Limitation of Liability
The quality and reliability of the information and services offered on this site, as well as the quality and reliability of the Web infrastructure, computer systems, and software, are dependent upon many factors. Therefore, we cannot and do not warrant that your use of the site will be uninterrupted, available, secure, or free of errors. Furthermore, we cannot and do not warrant the accuracy or reliability of any information obtained from our site. You acknowledge and agree that the risk and responsibility for all products and services supplied through our website lie solely with you and are supplied to you via our site “as is” and “as available.” We can make no warranties, guarantees, or conditions of any kind regarding the products or services that we offer to you through our website.
You shall not make any claim against Discus Direct, our directors, employees, affiliates, agents, contractors, suppliers, or service providers for any loss, damage, or injury of any kind, including, without limitation, lost profits, lost revenue, lost savings, or damage to data, arising from your use of the site or any product procured using the website, or for any other claim related in any way to your use of the website or any product or service, including, but not limited to any error or omission in any content, or any loss or damage of any kind incurred as a result of the use of the website or any content (or product) posted, transmitted, or otherwise made available via the website, whether known or unknown. In states or jurisdictions where liability is limited or excluded for consequential or incidental damages, our liability shall be limited to the greatest extent permitted by law.
You shall not make any claim against Discus Direct, our directors, employees, affiliates, agents, contractors, suppliers, or service providers for any loss, damage, or injury of any kind, including, without limitation, lost profits, lost revenue, lost savings, or damage to data, arising from your use of the site or any product procured using the website, or for any other claim related in any way to your use of the website or any product or service, including, but not limited to any error or omission in any content, or any loss or damage of any kind incurred as a result of the use of the website or any content (or product) posted, transmitted, or otherwise made available via the website, whether known or unknown. In states or jurisdictions where liability is limited or excluded for consequential or incidental damages, our liability shall be limited to the greatest extent permitted by law.
Indemnification
You agree that you will indemnify, defend, and hold harmless Discus Direct and its suppliers, affiliates, partners, directors, agents, contractors, service providers, and employees and that we will not be held responsible for any claims or demands, including attorney's fees, made by third parties due to or arising out of your violation of these terms and conditions or the documents they incorporate by reference.
Severability
These T&C, notwithstanding any court ruling against them, are intended to be fully enforced as permitted by law. The unenforceable portion is to be considered severed from these T&C, even if any other part of these T&C is not deemed to be unlawful, void, or unenforceable.
Termination
These terms and conditions are effective until terminated. You may stop purchasing our products at any time or delete your account if you have one. If you do not agree to these terms and conditions, you must stop using our site. We may also terminate this agreement at any time without notice to you if we believe that you have failed to comply with any term or condition hereof.
Entire Agreement
The failure of us to exercise or enforce any right or provision of these terms and conditions will not signify a waiver of such rights or provisions. These terms and conditions and any policies posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the site comprising of, but not limited to, any prior versions of the terms and conditions. Any ambiguities in the interpretation of these terms and conditions shall not be construed against the writing party.
Governing Law
These terms and conditions and any separate agreements whereby we provide to you shall be regulated by and construed in accordance with the laws of the United States.
Contact Information
Questions about the terms and conditions should be sent to us via email.
Our contact information is posted below:
Discus Direct LLC; DBA Discus Directgill@discusdirectonline.com
Our contact information is posted below:
Discus Direct LLC; DBA Discus Directgill@discusdirectonline.com