Terms of Service
This Agreement was last modified on July 1, 2017.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or by making any purchase from the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.
All content on this Site, including art work, graphics, images, screen shots, text, music, digitally downloadable files, trademarks, logos, product and character names, slogans, and the compilation of the foregoing ("Content") is the property of Distinctive Recognition, Inc. and its customers and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Third party content, including trademarks, trade names, characters, and trademarks and copyrights is the property of the third parties that market or license that content, and is used by Distinctive Recognition, Inc. subject to license, or subject to the fair use provisions of U.S. copyright or trademark law.
We assume no responsibility regarding the accuracy of the Content and use of such Content is at your own risk. We provide no assurances that any reported inaccuracies in any Content can or will be resolved. By furnishing the Content, we do not grant any licenses to any copyrights, patents or any other intellectual property rights. You agree not to display or use any Content in any publications, for any commercial purpose, in connection with products or services that are not those of Distinctive Recognition, Inc., in any other manner that is likely to cause confusion among consumers, that disparages or discredits Distinctive Recognition, Inc. and/or its Customers, that dilutes the strength of Distinctive Recognition, Inc.'s or its Customer’s property, or that otherwise infringes Distinctive Recognition, Inc.'s or its Customers' intellectual property rights. You further agree to in no other way misuse any Content.
Distinctive Recognition, Inc. respects the intellectual property rights of others and expects Users of this site to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. Please send any allegations of copyright infringement to: firstname.lastname@example.org.
All reasonable measures are taken by us to ensure that this Website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.
Where possible we always try to give advance warning of maintenance issues that may result in Website down time but we shall not be obliged to provide such notice.
While we take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and ,or up to date. All material contained on this Website is provided without any or warranty of any kind. You use the material on this Website at your own discretion.
Exclusion of Liability
We do not accept liability for any loss or damage that you suffer as a result of using this Website.
You agree to indemnify and hold Distinctive Recognition, Inc., its parents, subsidiaries, officers, employees, and website contractors harmless from any claims and expenses, including reasonable attorney’s fees, related to your violation of these Terms, or any violations thereof by your dependents.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Fraudulent accounts may be terminated at Distinctive Recognition, Inc.'s sole discretion and at any time by Distinctive Recognition, Inc. without notice.
Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by Distinctive Recognition, Inc..
Representations, and Limitations of Liability
Distinctive Recognition, Inc. makes no representations about the reliability of the features of this Site, the Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. Distinctive Recognition, Inc. makes no representations regarding the amount of time that any Content or User Content will be preserved. THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL DISTINCTIVE RECOGNITION, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL DISTINCTIVE RECOGNITION, INC. BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND DISTINCTIVE RECOGNITION, INC.'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL DISTINCTIVE RECOGNITION, INC.’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the State of California, United States, without giving effect to any principles of conflicts of law. You consent to the exclusive jurisdiction of the state and federal courts located in Sacramento County, California in connection with any proceeding arising out of or relating to this Agreement or the Site.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
Both you and Distinctive Recognition, Inc. acknowledge and agree that no partnership is formed and neither of you nor Distinctive Recognition, Inc. has the power or the authority to obligate or bind the other.
These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms constitute a binding agreement between you and Distinctive Recognition, Inc., and is accepted by you upon your use of the Site or by making a purchase. These Terms constitutes the entire agreement between you and Distinctive Recognition, Inc. regarding the use of the Site.
To the extent permitted by law, you agree not to bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Distinctive Recognition, Inc. and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. This provision preventing you from bringing, joining or participating in class action lawsuits does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action as provided above.
If you have any questions about this Agreement, please contact us.