We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur.
Awareness of Applicable Laws
DCAPower sells products whose possession or use in certain regions or circumstances may be illegal. By your use of this site, you agree that you are aware of all applicable local and federal laws, and that you are an authorized person to own and use lockpicks or other locksmithing implements, and that you have no intent to commit a crime with said lockpicks or other locksmithing implements. If you are found to have committed a crime, you acknowledge that DCAPower avows no association to you, and owes you no reparation for harm or damages. DCAPower CAN NOT be held responsible for any damages, harm, or legal fees which result from ownership or use of our products.
Site Usage Policy
You are prohibited from violating or attempting to violate the security measures on the Site, including, without limitation:
- Attempting to phish any user, or to access the server;
- Disclosing a password or permitting a third party to use a password or failing to notify us if a password is compromised;
- Attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “ddossing”, “mail bombing” or “crashing”;
- Sending unsolicited e-mail, including promotions and/or advertising of products or services;
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or
- Hijacking all or any part of the Site content, deleting or changing any Site content, deploying pop-up messages or advertising, running or displaying this Site or any Site content in frames or through similar means on another Site, or linking to the Site or any page within the Site, without our specific written permission.
(β) General Rules
You agree to use the Site only for lawful purposes and only for your own personal, non-commercial use. You may not use the Site to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive or hateful.
We have absolute discretion to determine if any use violates these rules, and to act as we deem appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.
User Comments, Feedback, Postcards and Other Submissions
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to DCAPower on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain DCAPower’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to DCAPower of all worldwide right, title and interest in all copyrights and other intellectual properties in the Comments. DCAPower is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that none of the Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that none of the Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
DCAPower grants you a non-exclusive, non-transferable, revocable license to access and use our Website in order for you to make purchases of lockpicks and related products/services through our Website, strictly in accordance with our Legal Terms.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased by any person or entity. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Copyrights and Trademarks
Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by DCAPower. Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. The names and logos of DCAPower, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from DCAPower. DCAPower prohibits use of any logo of DCAPower or any of its affiliates as part of a link to or from any Website unless DCAPower approves such link in advance and in writing. Fair use of DCAPower’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.
Links to Third-Party Websites
Our Website may contain links to Websites owned or operated by parties other than DCAPower. Such links are provided for your reference only. DCAPower does not monitor or control outside Websites and is not responsible for their content. DCAPower’s inclusion of links to an outside Website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does DCAPower’s inclusion of the links imply that DCAPower is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.
Postings on our Website are made at such times as DCAPower determines in its discretion. You should not assume that the information contained on our Website has been updated or otherwise contains current information. DCAPower does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN OUR WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
You agree to defend, indemnify and hold DCAPower harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of our Website or any Products or Services you purchase through it.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DCAPower ASSUMES NO RESPONSIBILITY FOR AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, INTERRUPTION OF SERVICE OR VIRUSES THAT MAY INFECT YOUR COMPUTER OR TELECOMMUNICATIONS EQUIPMENT ARISING FROM YOUR ACCESS TO OR USE OF THIS SITE AND ITS CONTENTS. IN NO EVENT SHALL DCAPower OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF DCAPower HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION AND SERVICE AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DCAPower IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.
From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions, including those that may relate to product descriptions, pricing, availability, shipping, store locations and job postings. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause you.
DISCLAIMERS OF WARRANTIES
TO THE FULLEST EXTENT PERMISSIBLE BY THE APPLICABLE LAW, DCAPower DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO YOUR USE OF THIS SITE. THE SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. DCAPower DOES NOT WARRANT THAT THE SITE, ITS SERVERS OR EMAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
This Agreement is effective unless and until terminated by either you or DCAPower. You may terminate this Agreement at any time by discontinuing use of the Site. DCAPower also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in DCAPower’s sole discretion you fail to comply with any term or provision of this Agreement.
In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such a provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.