Dot Girl Products Terms and Conditions
Welcome to dotgirlproducts.com (“Site”). TK Designs LLC and/or its affiliates (“Dot Girl Products”) provide website features to you subject to the following Terms and Conditions. If you visit or shop at our Site you accept these Terms and Conditions. Please read them carefully.
Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Site are accurate, complete, reliable, current, or error-free. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the price displayed for products on the Site represents the full retail priced listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice.
All content included on this Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, and the compilation thereof (collectively, the “Content”) is the exclusive property of TK Designs LLC, and is protected by United States and international copyright laws. All software used on this Site is the property of TK Designs LLC or of its software suppliers and is protected by United States and international copyright laws.
The Dot Girl First Period Kit®, The Dot Girl Period Answer Book© and the Dot Girl™ logo are trademarks of TK Designs LLC in the United States and other countries, and are protected by United States and international trademark laws.
Except as set forth in the limited licenses in the “General” section below, or as required under applicable law, neither the Content or Trademarks nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
TK Designs LLC trademarks and trade dress may not be used in connection with any product or service that is not provided or sponsored by TK Designs LLC, in any manner that is likely to cause confusion among customers or in any matter that disparages or discredits TK Designs LLC.
TK Designs LLC and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please communicate with us by letter at the address listed below or through our Contact Us form.
License and Site Access
TK Designs LLC grants you a limited license to access and make personal use of this Site but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of TK Designs LLC. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold or resold, visited, or otherwise exploited for any commercial purpose without express written consent of TK Designs LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TK Designs LLC and our affiliates without our express written consent. You may not use any meta tags or any other “hidden text” utilizing TK Designs LLC name or trademarks without the express written consent of TK Designs LLC. Any unauthorized use terminates the permission or license granted by TK Designs LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Dot Girl Products so long as the link does not portray TK Designs LLC, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. TK Designs LLC reserves the right in its sole discretion to determine if a link is inappropriate. You may not use any TK Designs LLC logo or other proprietary graphic or trademark as part of the link without our express written permission.
Visitors to the Site may submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false E-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a credit card or other content. TK Designs LLC may use customer compliments on the Site as testimonials. If you do submit material, and unless we indicate otherwise, you grant TK Designs LLC a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant TK Designs LLC and sub- licensees the right to use the name that you submit in connection with such content, if it chooses.
When you visit the Site, or send E-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by E-mail or by posting notices to the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing. (Not responsible for E-mails sent by TK Designs LLC that do not reach intended recipient due to firewalls or other E-mail filters).
We reserve the right, in our sole discretion, to change the Site, Content, pricing, policies and these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. In addition, if anything contained in the Terms and Conditions is deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
In addition to applicable disclaimers stated above, TK Designs LLC performance under these Terms and Conditions shall be excused in the event of interruption and/or delay due, or resulting from, causes beyond its reasonable control, including but not limited to acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, flood, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, industrial or labor disputes or controversies, acts of any third party data provider(s) or other third party information provider(s), third party software, or communication method interruptions.
Disclaimer of Warranties and Limitations of Liability
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY TK DESIGNS LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TK DESIGNS LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TK DESIGNS LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TK DESIGNS LLC DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM TK DESIGNS LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TK DESIGNS LLC OR ITS OFFICERS OR ITS AGENTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
SHOULD A COURT OF COMPETENT JURISDICTION DETERMINE THAT THE LIMITATION ABOVE IS NOT LEGALLY VALID, TK DESIGNS LLC, ITS OFFICERS, EMPLOYEES, AND AGENTS LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ANY TERMS AND CONDITIONS REFERENCED IN THIS AGREEMENT) INCLUDING FOR ANY DIRECT DAMAGES ARISING FROM YOUR RELIANCE ON SITE INFORMATION OR ANY PRODUCTS PURCHASED FROM SITE WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO TK DESIGNS LLC AND IS THE BASIS FOR YOUR CLAIM. YOU AGREE THAT THIS IS YOUR SOLE AND EXCLUSIVE REMEDY AND YOU HEREBY RELEASE TK DESIGNS LLC, IT OFFICERS, EMPLOYEES, AND AGENTS FROM ALL OBLIGATIONS, LIABILITY, CLAIMS OR DEMANDS IN EXCESS OF THE LIMITATION.
By visiting Site, you agree that the laws of the State of Washington, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and TK Designs LLC or its affiliates.
Any dispute relating in any way to your visit to Site or to products you purchase through Site shall be submitted to confidential arbitration in Seattle, Washington, except that, to the extent you have in any manner violated or threatened to violate TK Designs LLC intellectual property rights, TK Designs LLC may seek injunctive or other appropriate relief in any state or federal court in the State of Washington, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Our mailing address:
TK Designs LLC
P.O. Box 1454
Mukilteo, WA 98275
Copyright © 2013 TK Designs LLC All rights reserved.