TERMS AND CONDITIONS OF USE

The Terms constitute the entire and only agreement between you and Danforth and supersede all prior or contemporaneous agreements with respect to this Site, purchase of Danforth products, and your use thereof.

THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND DANFORTH WILL BE RESOLVED BY BINDING ARBITRATION AND AN AGREEMENT TO SUBMIT ANY CLAIMS EXCLUSIVELY AS INDIVIDUAL NON-CLASS CLAIMS

1. Use

You agree to use the Site only for its intended purpose. You agree to use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws. Accordingly, you are prohibited from:

  • attempting to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site; linking to the Site without permission;
  • using data mining, robots, or other data gathering devices on or through the Site;
  • posting incomplete, false, misleading or objectionable information or material;
  • disclosing personal information about another person;
  • advertising or marketing non-Danforth products on the Site;
  • using the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, or other liability to Danforth.

2. Eligibility

The Site is not directed to persons under the age of 13. If you are under 13 years of age, please discontinue use of this Site.

You may use the Site without creating an account. If you elect not to create an account, you may not be able to access certain content or participate in certain features of the Site.  By creating an account with Danforth (“Account”), you confirm that the information you have provided is true and not to be used for any ulterior motive or unlawful reason. You may not share your account information with, or allow access to your account by, any third-party. You will be responsible to maintain the currency, completeness and accuracy of your Account information, and any loss caused by your failure to do so is your responsibility. You will also be responsible for all activity that occurs under your access credentials.  You agree to notify Danforth immediately of any unauthorized use of your account.

If it is determined by Danforth that you have provided false or misleading information or have violated these Terms, or other abuses have occurred, Danforth reserves the right, in its sole discretion, to cancel your account without notice.

3. Intellectual Property

We grant you a limited non-exclusive license to use the Site for personal use only. All content on the Site, including any images, illustrations, graphics, design, icons, photographs, videos and written and other materials, including the compilation of this Site, is the property of Danforth and protected under applicable copyright, trademark, and other intellectual property laws. You do not acquire ownership rights to any content, document or other materials viewed through the Site.  Any copying, republication, or distribution of this Site and/or its content is prohibited unless done with prior written consent from Danforth.  

If you post content, including images, to the Site, you grant Danforth unrestricted, nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, distribute and display such material (including derivative works) throughout the world in any media without providing attribution or obtaining additional consent. Similarly, all suggestions, ideas, notes, concepts, content, artwork, product reviews and other information you may from time to time share with Danforth shall be deemed to be Danforth’s property. You further agree that Danforth and its affiliates are free to use any ideas, concepts, or know-how that you share.

If you believe in good faith that materials posted on the Site infringe your copyright, you may send Danforth notification requesting that the material be removed, or access to it blocked. The notice must include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
  • Identification of the copyrighted work(s) alleged to have been infringed;
  • Identification of the specific material alleged to be infringing or the subject of infringing activity;Your name, address, telephone number, and e-mail address (if available);
  • 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; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Please ensure any notices meet the statutory requirements imposed by the Digital Millennium Copyright Act of 1998. See http://www.loc.gov/copyright/ for details.

4. Product Representation

Danforth attempts to be as accurate as possible in describing its products. We do not warrant that product descriptions or other content of this Website are accurate, complete, reliable, current, or error-free. Most Danforth products displayed on this Website are available in select retail stores in the United States. In some cases, merchandise displayed for sale on this Website may not be available in retail stores.

We have made every effort to display as accurately as possible the colors of our products that appear on this Website. As the actual colors you see depend on your computer monitor, however, we cannot guarantee that your monitor's display of any color will be accurate. We mix and apply color by hand, so slight color variations are common, and contribute to making each piece of Danforth unique.

5. Purchases

You represent and warrant that if you are purchasing something from Danforth that (i) any credit card information you supply is true, correct and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.

6. No Purchase For Unauthorized Resale

This Site is intended for sale of products from Danforth directly to consumers and to approved, registered wholesale customers. Purchase for resale by non-authorized individuals or companies is strictly prohibited. If Danforth believes you are involved in purchases for unauthorized resale it reserves the right to take any action against you, including without limitation, restrict sales to you, cancel your orders, and/or suspend or close your account.

If you wish to purchase Danforth products for resale, please contact Danforth or complete a Wholesale Application.

7. Order Cancellation

We reserve the right to not accept your order for any reason and/or cancel your order by written notice without liability for any damages or costs other than a refund of amounts paid in at least the following situations:

  • The product is not available;
  • Billing information is incorrect or unverifiable;
  • Your order is marked as suspicious or unusual;
  • We believe you are a reseller;
  • There was an error in pricing displayed on the Site;
  • Due to events outside of our control limiting our ability to fulfill your order;
  • If you wish to purchase Danforth products for resale please contact Danforth.

7. Errors, Inaccuracies And Omissions

Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability.  We reserve the right to correct any errors, inaccuracies or omissions, delete any information or content appearing on the Site, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

8. Delivery

All products purchased from this Website are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Danforth. Title to products purchased on this Website, as well as the risk of loss for such products, passes to you when Danforth delivers these items to the carrier.

Delivery times vary. Please note all delivery dates are estimates and are not a guarantee that the product will be delivered on the specified date. Danforth will not be liable for any loss or expenses which you may incur because of any delay in the delivery of your order.

9. Returns and Warranty

Danforth’s Return and Warranty policies are included in these Terms. For more information, please check Danforth’s “Shipping & Returns” page.

10. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL DANFORTH OR ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUBSIDIARIES, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING ITS SERVICES AND PRODUCTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DANFORTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (E) USE OF DANFORTH PRODUCT; OR (F) ANY OTHER MATTER RELATING TO THE SITE. THE MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE, DANFORTH PRODUCTS, OR YOUR USE THEREOF WILL NOT EXCEED $100 OR THE COST OF THE PURCHASED PRODUCT.

11. Indemnity

You agree to defend, indemnify and hold Danforth and its officers, managers, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, and costs of litigation arising out of or based on (a) content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of the terms and conditions contained in this Agreement, or (e) your violation of any rights of a third party, including intellectual property rights.

12. Choice Of Law

These Terms will be governed and construed in accordance with the laws of the State of Vermont. If a lawsuit or court proceeding is permitted under these Terms, then you and Danforth agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within Vermont.

13. Privacy

Danforth has adopted a separate Privacy Policy that you should refer to in order to understand what information we collect, why, how we use it, and your rights with respect to such information

This Agreement is the entire and final Agreement regarding our Website and its content, and supersedes any prior or contemporaneous communications between Danforth and you regarding our Website and its contents.

 

All rights not expressly granted herein are hereby reserved.