THIS AGREEMENT INCLUDES:
You agree to contract electronically with Dick Cepek. You agree that this electronic Terms of Service agreement, combined with your act of using the services offered on this Web Site or clicking on "I Agree," have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability, or admissibility of the Terms of Service on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print this agreement.
We may discontinue, add to, modify, upgrade, or replace all aspects of the Web Site in our sole discretion and without notice. In particular, we reserve the right in our sole discretion to modify, supplement, delete, discontinue, or remove any software, file, publications, information, communication, or other content appearing on or transmitted through the Web Site.
Purchases: On the Web Site, you will be given the opportunity to purchase Dick Cepek wearable and gift products. You should contact Dick Cepek at (330) 928-9092 if you have any questions on purchases made, product availability, product pricing, or other concerns about the products.
Copyrights: All of the content on this Web Site, including, but not limited to, any text, graphics, logos, button icons, images, pictures, audio clips, and software, is the property of Dick Cepek, our partners, or content providers and is protected by United States copyright laws. The contents of the Web Site are copyrighted as a collective work under the United States copyright laws. Except as granted in the limited license below, any other use of this content, including modification, transmission, presentation, distribution, or republication, is prohibited without the prior written consent of Dick Cepek.
Trademarks: All trademarks, trade names, brand names, and service marks of Dick Cepek, whether registered or unregistered, are the property of Dick Cepek and are protected by United States trademark laws. Except as granted in the limited license below, any use of these assets is prohibited without the prior written consent of Dick Cepek. All other trademarks, product names, and company names or logos cited herein are the property of their respective owners.
Patents: All patents issued to and patent applications filed by Dick Cepek are the property of Dick Cepek and are protected by United States patent laws. Any use of these patented or patentable assets is prohibited without the prior written consent of Dick Cepek.
Limited License: You may display and, subject to any expressly stated restrictions or limitations relating to specific material as may be posted on the Web Site or otherwise known to you, download portions of the material from the various locations on Dick Cepek solely for your personal, non-commercial use.
Termination of License: If you violate any of these Terms of Service, your permission to use the content of this Web Site automatically terminates, and you must immediately destroy any copies you have made of any portion of the content.
Copyright Infringement: If you believe that any material contained in this Web Site infringes your copyright, you should notify Dick Cepek of your copyright infringement claim in accordance with the following procedure.
Dick Cepek will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to the Web Site\'s Designated Agent who is:
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this Web Site, you agree that such submission is non-confidential for all purposes. If you make any such submission, you automatically grant--or warrant that the owner of such content has expressly granted--Dick Cepek a royalty-free, perpetual, irrevocable, world-wide exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium or any form, format, or forum now known or hereafter developed. Dick Cepek may sublicense its rights through multiple tiers of sublicenses.
This Web Site may contain links to third party web sites ("Third Party Sites"). We do not, either expressly or by implication, endorse the content on these Third Party Sites. The links are provided for your convenience only. We have no control over such Third Party Sites, nor do we review the content on those Third Party Sites; therefore, we are not responsible or liable for any content, advertising, products, or other materials on or available from such Third Party Sites. You further acknowledge and agree that Dick Cepek is not responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such Third Party Site or resource.
Dick Cepek does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new products or technologies, or new product names. Please do not send any such unsolicited ideas. If you send any such information, the information will be deemed, and shall remain, the property of Dick Cepek. None of the information will be treated as confidential or proprietary, and Dick Cepek shall not be liable for any use or disclosure of such information. Dick Cepek shall be entitled to unrestricted use of such information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the information.
International Laws: Dick Cepek\'s headquarters are located in Stow, Ohio, in the United States of America. Dick Cepek makes no claims that the information, products, customization, materials, services, and advice provided on this Web Site are appropriate or may be downloaded outside of the United States. Access to the information, products, customization, materials, services, and advice may not be legal by certain persons or in certain countries. If you access this Web Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Choice of Law and Forum: You expressly agree that exclusive jurisdiction for any dispute with Dick Cepek, or in any way relating to your use of the Web Site, resides in the courts of the State of Ohio, U.S.A., and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Ohio, U.S.A. in connection with any such dispute including any claim involving Dick Cepek or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms of Service are governed by the internal substantive laws of the State of Ohio, U.S.A. without respect to its conflict of laws principles.
Termination: Dick Cepek may terminate these Terms of Service without cause at any time and effective immediately. In addition, Dick Cepek, in its sole discretion may terminate these Terms of Service immediately and without notice for violation of any part of these Terms of Service. You may also terminate these Terms of Service by simply discontinuing use of your account and/or the Web Site. In the event of any termination of these Terms of Service, the restrictions on your use of the content of the Web Site (as set forth in Paragraphs 8 ("Intellectual Property) and 10 ("User Submissions")) shall survive such termination, and you agree to be bound by those terms.
Indemnity: You agree to defend, indemnify, and hold harmless Dick Cepek, its officers, directors, employees, agents, licensors, suppliers, affiliates, and licensees from and against any claims, actions, or demands, liabilities, damages, and settlements (including without limitation, reasonable legal and accounting fees and litigation expenses) resulting from, or alleged to result from, your violation of these Terms of Service or relating to or arising from your use of the Web Site, Dick Cepek services, and any products or services obtained on or through the Web Site.
Waiver & Serviceability: Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties\' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. No waiver of any of the Terms of Service shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Limitation on Actions: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web Site or these Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred.
Export: The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations - including but not limited to the Export Administration Act and the Arms Export Control Act - and not to transfer, by electronic transmission or otherwise, any content derived from the Web Site to either a foreign national or a foreign destination in violation of such laws.