DrizzleStik.COM, LLC WEBSITE TERMS OF USE
WELCOME TO THE DrizzleStik.COM WEB SITE (THE “SITE”). THE SITE IS OWNED BY DrizzleStik.COM, LLC OR ONE OF ITS AFFILIATES (COLLECTIVELY, “DrizzleStik.COM“) USE OF THIS SITE IS CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS BELOW (THE “TERMS OF USE”). BY ACCESSING OR USING THIS SITE AND ANY OF THE CONTENT OR SERVICES PROVIDED THROUGH THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF USE. THE TERMS OF USE ARE SUBJECT TO CHANGE FROM TIME TO TIME, SO YOU SHOULD REVIEW THEM FOR CHANGES PERIODICALLY. USE OF THE SITE AFTER SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF USE IN EFFECT AT THE TIME OF SUCH USE. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS SITE.
SCOPE OF USE
This Site is provided by DrizzleStik.com. All software and content included on this site, such as text, images, and logos, is the owned or licensed property of DrizzleStik.com, its licensors or content suppliers and is subject to protection by United States and other national copyright laws. DrizzleStik.com grants you permission to view and use the content made available to you on the Site in connection with your use of the Site. Otherwise, no material from this Site or any other web site owned, operated, licensed, or controlled by DrizzleStik.com or any of its affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose may constitute an infringement of DrizzleStik.com copyright and other proprietary rights. Any product, process or technology described in this Site may be the subject of other intellectual property rights reserved by DrizzleStik.com or its affiliates and are not licensed hereunder. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Site or any materials and you agree not to “frame” or “mirror” the Site.
PRIVACY POLICY
Any information you give us will be stored and used in accordance with DrizzleStik.com Website Privacy Policy. By indicating your acceptance of these terms and conditions, you also indicate that you understand and consent to the information collection, use, and disclosure practices described in our Privacy Policy.
DISCLAIMER
THIS SITE AND ALL MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DrizzleStik.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DrizzleStik.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, COMPLETENESS OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
DrizzleStik.COM MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND DrizzleStik.COM DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.
LIMITATION OF LIABILITY
DrizzleStik.COM WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR CONNECT WITH THE SITE, INCLUDING THE USE OF OR THE INABILITY TO USE THE MATERIALS IN THIS SITE, EVEN IF DrizzleStik.COM, AN AFFILIATE OF DrizzleStik.COM, OR AN AUTHORIZED REPRESENTATIVE OF EITHER OF THEM, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DrizzleStik.COM TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID TO DrizzleStik.COM, IF ANY, FOR ACCESSING THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
INDEMNITY
If you are accessing the Site in the course of a business, you agree to indemnify us and to keep us indemnified from all or any liability or damages incurred in contract, tort or otherwise towards a third party as a result of your use of this Site.
APPLICABLE LAWS
DrizzleStik.com controls and operates this Site from its corporate offices in Cincinnati, Ohio. DrizzleStik.com makes no representation that materials on this Site are appropriate or available for use outside of the United States. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Your use of this Site and these terms shall be governed by and construed and enforced in accordance with the laws of the State of Ohio, one of the United States of America, without reference to its conflict of laws provisions. You agree to submit to the jurisdiction of the courts located in the State of Ohio for resolution of all disputes arising from, concerning, or related to these Terms of Use or your use of this Site. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use.
TRADEMARKS
The trademarks, service marks and logos used and displayed on this Site are registered and unregistered trademarks of DrizzleStik.com, unless otherwise noted, and they may not be used in connection with any product or service that is not DrizzleStik.com or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DrizzleStik.com. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site.
LINKING
Links to third-party web sites may be provided on this Site. If so, they are provided solely as a convenience to you. If you use these links, you will leave this Site. DrizzleStik.com has not reviewed all third party sites and does not control and is not responsible for any of these sites or their content. DrizzleStik.com does not endorse or make any representations about such sites, or any information or materials found there, or any results that may be obtained from using them. If you access any third party sites linked to this Site, you do so at your own risk.
If you would like to link to this Site, you may only do so on the basis that you link to, but do not replicate, the home page of this Site, and subject to the following conditions:
You do not remove, distort or otherwise alter the size or appearance of the DrizzleStik.com logo or
any other DrizzleStik.com trademark or service mark
You do not create a frame or any other browser or border environment around this Site
You do not in any way imply that DrizzleStik.com is endorsing any products or services other than
its own
You do not misrepresent your relationship with DrizzleStik.com nor present any other false
information about DrizzleStik.com
You do not otherwise use any DrizzleStik.com trademarks displayed on this Site without express
written permission from DrizzleStik.com
You do not link from a website that is not owned by you
Your website does not contain content that is pornographic, offensive, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations
Happy-Coupels.com expressly reserves the right to revoke the right granted in this section for breach of these linking terms and to take any action it deems appropriate. You shall fully indemnify DrizzleStik.com for any loss or damage suffered by DrizzleStik.com for breach of these linking terms.
USER TRANSMITIONS
Any material, information, idea or other communication you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by DrizzleStik.com and/or its designees for any purpose whatsoever free and clear of any claim of ownership from any parties that have used this Site including, but not limited to developing and manufacturing products, publications for business gain, or any other use deemed appropriate by DrizzleStik.com (“Communications”). Furthermore, and without limitation, DrizzleStik.com will have exclusive ownership of all present and future existing rights to the Communication of every kind and nature everywhere. DrizzleStik.com will be entitled to use the Communication for any commercial or other purpose whatsoever without compensation to you or any other person sending the Communication. You acknowledge that you are responsible for whatever material you submit, and that you, not DrizzleStik.com, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. DrizzleStik.com will have no obligations with respect to the Communications. DrizzleStik.com and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial and non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
REVISIONS & MODIFICATIONS
DrizzleStik.com may revise these Terms of Use at any time. By using this Site, you agree to be bound by any such revisions. Accordingly, you should periodically visit this page to determine the current Terms of Use to which you are bound. Certain Terms of Use may be modified and superseded by expressly designated legal notices or terms located on particular pages on this Site.
Happy-Coupels.com may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. DrizzleStik.com may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. DrizzleStik.com may terminate the authorization, rights and license given to you, as provided herein, at any time.
GENERAL TERMS
These Terms of Use, DrizzleStik.com Privacy Policy, and any terms of sale constitute the entire agreement between you and DrizzleStik.com with respect to this Site. No modification to this agreement shall be effective unless it is executed by DrizzleStik.com. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement or any notice given by DrizzleStik.com in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by DrizzleStik.com in printed form.