Privacy Policy and Terms of Use
Welcome to the DPI, Inc. websites, which include but are not limited to ilive.net, iliveelectronics.com, GPX.com, Memorex.com, weather-x.com, culinairbydpi.com, dpi-global.com, and dpiinc.com.
The Sites are provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of the Sites (the "Agreement").
Your use of these Sites constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use any of the Sites. If you do not agree to these terms, please do not use the Sites
Payment, Pricing & Promotions
Payment
The terms of payment with respect to any purchase made on these websites include but are not limited to ilive.net, iliveelectronics.com, Memorex.com, GPX.com, weather-x.com, culinairbydpi.com, and dpi-global.com, dpiinc.com, and zliveaudio.com are within Digital Products International (DPI) Inc.’s sole discretion.
Customer’s receipt of an electronic or other form of order confirmation does not signify DPI Inc. acceptance of Customer’s order, nor does it constitute confirmation of DPI Inc.’s offer to sell. Orders placed on these websites will not be binding upon DPI Inc. and all rights, titles and interests in and to any products ordered shall remain with DPI Inc., until such order is accepted by DPI Inc., such acceptance becoming effective when DPI Inc. puts the products ordered by Customer in the possession of, and makes appropriate arrangements with, the courier service or other carrier responsible for their transportation and delivery to the Customer. All rights, titles and interests in and to the products so ordered shall pass to the Customer upon delivery of such products to the courier service or other carrier as set forth herein. Unless otherwise agreed to by DPI Inc., payment must be received by DPI Inc. prior to DPI Inc.’s shipment of an order. Payment for the products will be made by credit card or any other pre-arranged method agreed to by DPI Inc. Credit card purchases will be subject to payment authorization and approval of the issuing financial institution of the credit card.
We reserve the right to refuse any order you place with us.
Currently, we accept Visa® MasterCard® and PayPal®. A Sales and Discount promotional code may apply to your purchase.
Pricing and Promotions
All prices for products shown on these Sites including but are not limited to ilive.net, iliveelectronics.com, GPX.com, Memorex.com, weather-x.com, culinairbydpi.com, and dpi-
global.com, dpiinc.com, and zliveaudio.com are within Digital Products International (DPI) Inc.’s sole discretion and are in United States dollars. All prices for products do not include charges for shipping, handling and taxes. Customer will be charged for such additional charges separately. All charges will be displayed on the invoices. All sales and use taxes will be for the account of Customer.
Prices and availability of goods and services are subject to change without notice. DPI Inc. may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. Products offered for sale on this website may be limited or not available. DPI Inc. reserves the right to add, delete, discontinue or change any of the products offered for sale on the website at any time. Price and availability of product are, in the sole discretion of DPI Inc., subject to change without notice.
DPI Inc. reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with DPI Inc. Return Policy.
Sales Tax Policy
Because DPI Inc. does business throughout the United States and collects and remits sales tax as required by law, DPI Inc. also collects and remits sales tax as appropriate. DPI Inc. reserves the right not to sell to resellers.
Shipping & Delivery
Currently we do not ship to international locations; therefore we will not accept orders for shipments outside of the United States.
We understand that getting your items quickly is important to you, so we make every effort to process your order quickly.
Shipping
All orders placed on these sites are subject to product availability and will be shipped according to DPI Inc.’s shipping policies.
In the rare event that your order never arrives, notification of lost items must be received within 30 days from receipt of the shipping confirmation e-mail.
All orders placed after 10:00 am C.S.T., holidays or Saturday or Sundaywill be processed the following business day.
Returns & Replacements
General Return Policy
You may return most new, unopened items directly sold and fulfilled by DPI Inc. within 30 days of delivery for a full or partial refund as long as the product is returned in original condition with all accessories included. Missing accessories or abused items will be deducted from the credit. Shipping and handling charges will not be refunded. Customer is responsible for return of the unit insured and freight prepaid to DPI Inc., 2116 Carr St., St. Louis, MO 63106. The credit card used for the original purchase will be credited within the next monthly billing cycle. The 90 Day Limited Warranty included with the product applies from the original date of purchase. Parts and accessories are non-refundable. Items should be returned in their original product packaging.
We reserve the right to provide necessary parts, repair, exchange, replace, or upgrade a product, at our option, as opposed to providing a monetary refund. If we, at our option, replace a product, the new product may not be of equal value.
On various websites you may be able to contact us by logging into your account, choosing "Trouble Tickets" and submit a request for return RMA number on the order.
Items that are shipped via common carrier will be handled on a request basis, however any oversized item that does not ship via UPS will incurred a return shipping fee that will be billed prior to the return of the item. This will not be the case if the item is received in a damaged state and noted on the shippers bill. So make sure that you note all damages when you receive the item so that we are able to help you with your claim and return of the item to the vendor.
Ordering
Validating Your Order
After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order.
Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.
Order Acceptance/Confirmation
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Site reserves the right at any time after receipt of your order to accept or decline your order for any reason.
Order Limitations
We reserve the right to reject any order you place with us, and/or or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e-mail address you gave us when you placed the order.
DPI Inc. may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. DPI Inc. also reserves the right to reject any order you place with us. These restrictions may include orders placed by the same Site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. DPI Inc. reserves the right to limit or prohibit sales to dealers.
Additional Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including, where applicable, representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
DPI Inc.’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on these sites should be construed to alter such agreements.
Other Documents
These terms and conditions may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to do so will null and void.
General
This Agreement and any transactions pursuant to this Agreement will be governed by and subject to the laws of the State of Missouri applicable to contracts entered into and performed within the State of Missouri without respect to its conflict of laws principles. The parties also agree that the exclusive forum for any claims or causes of action arising under this Agreement is the United States District Court for the District of St. Louis or any Missouri Court sitting in St. Louis County.
If any section or portion of this Agreement is found to be illegal or unenforceable, such illegality or unenforceability will not affect the remaining terms and conditions of this Agreement, which will continue in full force and effect.
Limited Warranty
The limited warranties applicable to the products will be included with the product shipped and received by customer. To obtain a copy of the warranties applicable to the product you are ordering please download our Limited 90 Day Warranty or our Limited One Year Warranty (applies typically to Televisions, Soundbars, and CulinairbyDpi products). DPI Inc. will not be obligated to honor any such warranties until receipt of payment in full for the item to be warranted. DPI Inc. expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose.
DPI Inc. reserves the right, in its sole discretion, to modify its warranty at anytime. We reserve the right to change the warranty period without prior notice and without incurring obligation and expressly disclaim all warranties not stated in this limited warranty.
All software that may be included with a product is subject to the license agreement that is part of the package. Customer agrees to be bound by the terms of the license agreement upon opening the package for the software. DPI Inc. does not warrant any software under this Agreement. Any warranties for the software will be found in the license agreement that governs its purchase and use.
Disclaimer and Limitation of Liability
This website and the materials contained herein are provided on an "as is, where is" basis. DPI Inc. makes no representations or warranties, either express or implied, of any kind with respect to this website or its contents.
Price and availability of products are subject to change without notice.
The sole and exclusive maximum liability to DPI Inc. arising from any product sold on this website will be the price of the product ordered by customer. in no event shall DPI Inc., its directors, officers, employees, representatives be liable for any special, direct, incidental,
consequential, or punitive damages, including, but not limited to, loss of profit, business or opportunity, relating to any product sold hereunder or for any claim by any third party.
Indemnification
You agree to defend, indemnify and hold DPI Inc. harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Sites and/or your breach of any representation, warranty, or other provision of the Agreement.
Limitation of Liability
Except where prohibited by law, in no event will DPI Inc. be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if DPI Inc. has been advised of the possibility of such damages.
Indemnity
You agree to indemnify and hold, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against DPI Inc. by any third party due to or arising out of or in connection with your use of the Site.
Violation of These Terms of Use
DPI Inc. may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) DPI Inc.’s rights or property, or the rights or property of visitors to or users of the Site, including DPI Inc.’s customers. DPI Inc. reserves the right at all times to disclose any information that DPI Inc. deems necessary to comply with any applicable law, regulation, legal process or governmental request. DPI Inc. also may disclose your information when DPI Inc. determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that DPI Inc. may preserve any transmittal or communication by you with DPI Inc. through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or DPI Inc. determines that such preservation or
disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others or (4) protect the rights, property or personal safety of DPI Inc., its employees, users of or visitors to the Site, and the public.
You agree that DPI Inc. may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to DPI Inc., for which monetary damages would be inadequate, and you consent to DPI Inc. obtaining any injunctive or equitable relief that DPI Inc. deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies DPI Inc. may have at law or in equity.
You agree that DPI Inc. may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site or (4) unexpected technical issues or problems.
If DPI Inc. does take any legal action against you as a result of your violation of these Terms of Use, DPI Inc. will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to DPI Inc.. You agree that DPI Inc. will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Missouri without regard to its conflicts of laws provisions. You agree to the exclusive jurisdiction and venue in the state and federal courts in Saint Louis County, Missouri and agree to and waive any objection to such personal jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between DPI Inc. and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Void Where Prohibited
DPI Inc. administers and operates the Site from its location in Saint Louis, Missouri, USA; other DPI Inc. sites may be administered and operated from various locations inside and outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. DPI Inc. reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Additional Terms and Disclaimers
Privacy & Security
Thank you for accessing the DPI, Inc. Websites, which include but are not limited to ilive.net, iliveelectronics.com, GPX.com, Memorex.com, weather-x.com, culinairbydpi.com, and dpi-global.com, dpiinc.com, and zliveaudio.com. We respect your privacy and want to protect your personal information.
This Privacy Policy explains how we collect, use and (under certain conditions) disclose your personal information. This Privacy Policy also explains the steps we have taken to secure your personal information. Finally, this Privacy Policy explains your options regarding the collection, use and disclosure of your personal information. By visiting our Site, you accept the practices described in this Policy.
This Privacy Policy explains how we collect, use and (under certain conditions) disclose your personal information. This Privacy Policy also explains the steps we have taken to secure your personal information. Finally, this Privacy Policy explains your options regarding the collection, use and disclosure of your personal information. By visiting our Site, you accept the practices described in this Policy.
This privacy policy applies only to these Sites. This privacy policy does not necessarily apply to our offline collection of your personal information. Please see below for details.
We are not responsible for the content or privacy practices on any website not owned by DPI Inc. to which these sites link or that links to these site
Information Collection and Use
We collect information from you in several different ways on these Sites. One goal in collecting personal information from you is to provide an efficient, meaningful, and customized experience. For example, we can use your personal information to:
Help make these sites easier for you to use by not having to enter information more than once.
Help you quickly find information, products, and services.
Help us create content on these sites that is most relevant to you.
Alert you to new information, products, and services that we offer.
DPI Inc. may use data from Google's Interest-based advertising or 3rd-party audience data (such as age, gender, and interests) within Google Analytics Demographics and Interest Reporting. Dpi Inc. also uses Remarketing with Google Analytics to advertise online. Third-party vendors, including Google, may show our ads on sites across the Internet.
DPI and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone's website visits. Using the Ads Settings, users can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads. Users may learn more about opt-outs from Google here (please note: link will take you to the Google Analytics Opt-out Browser Add-on).
Registration and Ordering
Before using certain parts of these Sites or ordering products, you must complete an online registration form. During registration, you will be prompted to provide to us certain personal information, including but not limited to your name, shipping and billing address(es), phone number, email address, and credit card number. In addition, we may also ask you for your country of residence and/or your organization's country of operation, so we can comply with applicable laws and regulations, and for your gender. These kinds of personal information are used for billing purposes, to fulfill your orders, to communicate with you about your order and our site, and for internal marketing purposes. If we encounter a problem when processing your order, we use the personal information to contact you.
Email Addresses
Several locations of these Sites permit you to enter your email address for purposes including but not limited to: to register for a free giveaway; to request us to notify you when we receive new products, new product promotions, to sign up for our email newsletter and special offers. Your participation in a contest is completely voluntary, so you have a choice whether to participate and disclose information to us. We use this information to notify contest winners and to award prizes. We may post on our Sites the names and cities of contest winners.
Cookies and Other Technology
Like many sites, these Sites employs cookies and web beacons (also known as clear GIF technology or "action tags") to speed your navigation of the Site, recognize you and your access privileges, and track your Site usage.
Cookies are small pieces of information that are stored as text files by your Internet browser on your computer's hard drive. Most Internet browsers are initially set to accept cookies. You can set your browser to refuse cookies from websites or to remove cookies from your hard drive, but if you do, you will not be able to access or use portions of these sites. We have to use cookies to enable you to select products, place them in an online shopping cart, and to purchase those products. If you do this, we keep a record of your browsing activity and purchase. THESE SITES'S COOKIES DO NOT AND CANNOT INFILTRATE A USER'S HARD DRIVE TO GATHER A USER'S CONFIDENTIAL INFORMATION. Our cookies are not "spyware."
Web beacons assist in delivering cookies and help us determine whether a web page on these sites has been viewed and, if so, how many times. For example, any electronic image on these sites, such as an ad banner, can function as a web beacon.
We may use third-party advertising companies to help us tailor site content to users or to serve ads on our behalf. These companies may employ cookies and web beacons to measure advertising effectiveness (such as which web pages are visited or what products are purchased and in what amount). Any information that these third parties collect via cookies and web beacons is not linked to any personal information collected by us.
As an example, Facebook collects certain information via cookies and web beacons to determine which web pages are visited or what products are purchased. Please note that any information collected by Facebook via cookies and web beacons is not linked to any customer's personal information collected by us.
Log Files
As is true of most websites, the Site server automatically recognizes the Internet URL from which you access these sites. We may also log your Internet protocol ("IP") address, Internet service provider, and date/time stamp for system administration, order verification, internal marketing, and system troubleshooting purposes. (An IP address may indicate the location of your computer on the Internet.)
Age
We respect children's privacy. We do not knowingly or intentionally collect personal information from children under age 18. Elsewhere on these sites, you have represented and warranted that you are either 18 years of age or using the Site with the supervision of a parent or guardian. If you are under the age of 18, please do not submit any personal information to us, and rely on a parent or guardian to assist you.
Application Data
Some of our products require the use of an app. If you use our apps, we also may collect information if you provide us with access or permission. We use this data to maintain the security and operation of our apps, for troubleshooting, and for internal analytics ultimately to make a better app and product for you to use.
Location Data
We may ask for permission to track location-based information from your device, either continuously or while you are using our apps, to provide certain location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.
Device Access
We may request access or permission to certain features from your mobile device, including your mobile device’s Bluetooth, calendar, camera, own, and other features. If you wish to change our access or permissions, you may do so in your device’s settings.
Device Data
When you use the apps, we will automatically have access to information about your device, like device ID, operating system, version information and system configuration information, device and application identification numbers, browser type and version, hardware model Internet service provider and/or mobile carrier, and IP address. We may also collect information about your phone network associated with your mobile device, the type of device you use, and information about the features of our apps you accessed.
Notifications
We may ask to send you push notifications regarding your account or certain features of the apps. If you don’t want to receive push notifications, you can turn them off in your device’s settings.
Social Logins
Some of our apps allow you to register and log in using your social media accounts. In this case, we will receive some profile information about you from your social media provider. The profile information we receive depends on the social media provider concerned, but will often include your name, email address, and other information you have made public or available through the social media provider’s privacy policy.
Product Reviews
You may choose to submit a product review. If you post a review, we will ask for your email address and geographic location. If you submit a review, your geographic location will be visible to other users (your email address will be kept private). Also, any personally identifiable information that you submit as part of the review can be read or used by other visitors to the Site. We are not responsible for any personally identifiable information that you choose to submit as part of your review. We believe you can post a helpful review without disclosing any personal information.
Bizrate Reviews
Bizrate.com is an independent company that permits shoppers to rate their experiences in visiting and shopping at online stores such as ours. After placing an order at DPI Inc.’s sites, you may receive the opportunity to provide feedback on your experience. This choice is optional and will not affect your order or service from us, whether or not you choose to provide feedback. Your feedback is collected by Bizrate.com, not DPI Inc., and is governed by their privacy policy, available at http://shop.bizrate.com/content/privacy.html
Sweepstakes
NO PURCHASE OR PAYMENT OF MONEY IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF MONEY WILL NOT IMPROVE THE CHANCES OF WINNING.
The Sweepstakes (the “Sweepstakes”) is intended for legal residents of the United States of America only and shall only be construed and evaluated according to U.S. law and applicable state law. Do not enter this Sweepstakes if you are not located in the U.S. at the time of entry. The Sweepstakes is sponsored by DPI, Inc., 900 North 23rd, Saint Louis, MO 63104 (the “Sponsor”).
ELIGIBILITY: The Sweepstakes is open to legal residents of the United States of America who are at least eighteen (18) years of age or the age of majority, whichever is older, in their respective states of permanent residence at the time of entry (the “Entrants”). Employees, officers and representatives of the Sponsor, Bazaarvoice (also, the “Administrator”), their respective parent companies, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives and advertising and promotional agencies, and the officers, directors, agents, and employees of each of the foregoing, and members of their immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate in this Sweepstakes. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Void where prohibited or restricted by law. (For the avoidance of doubt, any references in these Official Rules to Entrants shall also include the Entrants who are deemed the Winners (as defined below).)
AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor and/or Administrator, which are final and binding in all matters relating to the Sweepstakes. Winning a Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER: The Sweepstakes begins at 12:00:01 a.m. Eastern Time (“ET”) on the 1st day of every quarter and ends at 11:59:59 p.m. ET on the last day of that same quarter(“Sweepstakes Period”). The Sweepstakes Period will be divided into the following four (4) entry periods (“Entry Period”).
During the Sweepstakes Period, Entrants can enter the Sweepstakes by completing an online registration at (the “Website”). The registration form will require Entrants to provide their nickname, email address, and a product review. By completing the Sweepstakes registration form, an Entrant will receive one (1) Sweepstakes entry. Limit one eligible entry per Entrant per product reviewed. Entrants understand and agree that their product review and nickname may appear on the Sponsor’s website.
Entrants can also enter the Sweepstakes by legible hand-printing, on a 3”x 5” card or paper, their full name, complete mailing address, phone number, date of birth, and email address, mailing the card in a #10 business-sized envelope, with proper postage affixed to: DPI, Inc 900 North 23rd Street saint Louis MO 63106 (the “Mail-In Entry”). Each mail-in entry received with be worth one (1) Sweepstakes entry. **NOTE: Mail-in entry card and envelope must be hand-printed by the Entrant only. In addition, Entrants are not permitted to use any 3rd party organization to assist with the entry process in any way (as determined by the Administrator). Each Envelope must be mailed individually. Bulk shipments of entries will not be accepted.
Proof of entry information at the Website is not considered proof of delivery to or receipt by Sponsor of an entry. Entries made by any other individual or any entity, and/or originating at any other website or email address, including, but not limited to, commercial Sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of automated entry devices is prohibited, and no mechanically reproduced entries are allowed; all such entries are void. Released Parties (as defined below) are not responsible for late, incomplete, delayed, undelivered, or misdirected entries. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. By participating in the Sweepstakes and providing any personal contact information, Entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Policy.
Sponsor and/or Administrator may collect and process Entrants' personal contact information in connection with the Sweepstakes for the purposes of administering and managing the Sweepstakes. This processing is in order to fulfill a contract or take steps linked to a contract (including these Official Rules), and if such processing is not provided, Entrant may not be able to enter into, and Sponsor and Administrator may not be able to fulfill, the contract. Sponsor and Administrator will retain the personal contact information that Entrant provides in connection with the Sweepstakes for a period reasonably necessary for the purpose of administering and managing the Sweepstakes, and may disclose such information in connection with a public list of Winners, or pursuant to any license granted to Sponsor by Entrant under these Official Rules. Notwithstanding the foregoing, any reviews and related personal contact information submitted by an Entrant may be maintained on Sponsor’s website for such period of time as determined by Sponsor, in its sole discretion.
GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (i) infection by computer virus or bugs, (ii) tampering or unauthorized intervention, (iii) fraud, (iv) technical failures, or (v) any other causes beyond the control of the Sponsor or Administrator which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and/or to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the Prizes (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a Winner based on an email address, the winning entry will be declared by the authorized account holder of the email address associated with the registration in question. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. If the identity of the individual who actually participated in the Sweepstakes cannot be resolved to Sponsor's satisfaction, the affected individual's entry will be deemed ineligible.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless the Sponsor and the Administrator, and each of their respective parent and affiliate companies, vendors, suppliers, consultants, sub-contractors, distributors, legal counsel and advertising, marketing, public relations and promotional/fulfillment agencies, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any Prize, including, but not limited to: (i) any technical errors that may prevent an Entrant from submitting an entry; (ii) unauthorized human intervention in the Sweepstakes; (iii) printing errors; (iv) errors in the administration of the Sweepstakes or the processing of entries; or (v) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt of any Prize. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to Entrant's or any other person's computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Entrants waive any right to claim ambiguity in these Official Rules. Released Parties are not liable in the event that any portion of the Sweepstakes is cancelled due to weather, fire, strike, acts of war or terrorism, pandemic, or any other condition beyond their control (a "Force Majeure Event").
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
"CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
DRAWING AND NOTIFICATION: The potential Prize Winners will be selected in three (3) random drawings from among all eligible entries received throughout the Sweepstakes Period. There will be one (1) drawing per Entry Period (and one Winner per drawing). The Prize drawings will be conducted by the Administrator, whose decisions are final and binding. The Prize drawings will be conducted on or about 5th day following the end of each Entry Period. The potential Winners will be contacted by the Sponsor via phone or email. Odds of winning a Prize will depend on the total number of eligible entries received at the time of each drawing. An Entrant is not a Winner of any prize, even if notified of being a winner or issued any item of value, unless and until Entrant's eligibility has been, and continues to be verified to the satisfaction of Sponsor and Administrator.
PRIZE & PRIZE CONDITIONS: There will be (1) Winner. Each Prize Winner (“Winner”) will receive one (1) $150 Gift Card (“Prize”). Total Prize Pool - $750. An Entrant may only win one (1) Prize during the Sweepstakes Period. NOTE: Substitution, assignment or transfer of a Prize is not permitted, except by Sponsor, who reserves the right to substitute the Prize with another of equal or greater value. Prizes have no cash surrender value, except where required by law. All other expenses associated with Prize acceptance or usage not specifically mentioned herein are the responsibility of the Winners.
By accepting a Prize, the Winners agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the Prizes. The Winners will be responsible for all local, state, and federal taxes associated with the receipt of their Prize. The Winners are solely responsible for all matters relating to the Prize after it is awarded. Sponsor is in no way responsible for any cancellations, delays, postponements, diversions, substitutions, changes in service or any other act or omission, or result thereof, caused by any third party. If a Prize or Prize notification is returned as unclaimed or undeliverable to a potential Winner, if a potential Winner cannot be reached or does not comply with Prize notification instructions within three (3) days from the first notification attempt, or if the potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate Winner may be selected for the Prize at issue.
Only the number of Prizes set forth in these Official Rules will be awarded. In the event that any error, mistake, failure or discrepancy causes more than the stated number of Prizes as set forth in these Official Rules to be promoted, noticed or claimed, Sponsor may award only the stated number of prizes by having Administrator conduct a random drawing from among all legitimate, unawarded, eligible prize claims.
By accepting a Prize, where permitted by law, the Winners grant to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time their full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES. By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize. The Winners also acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Prize.
DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Administrator, and Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or jurisdiction’s laws. By participating in the Sweepstakes, Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, shall be resolved individually without resort to any form of class action; (ii) any judicial proceeding shall take place in a federal or state court located in Saint Louis, MO; (iii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event will attorney fees be awarded or recoverable; (iv) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to seek, punitive, incidental, exemplary, consequential, special damages, lost profits, other damages, and/or any rights to have damages multiplied or otherwise increased; and (v) Entrant’s remedies are limited to a claim for money damages (if any) and he/she waives any right to seek injunctive or equitable relief.
SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.
MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Sweepstakes and supersede all prior and contemporaneous agreements, representations, and understandings, whether oral or written. In the event of an inconsistency between these Official Rules and any disclosure or other statement contained in any Sweepstakes-related materials, including without limitation, an entry form or any point-of-sale, radio, television, print, or online advertising, these Official Rules will prevail and govern. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsor and Administrator. The waiver by Sponsor or Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by Entrant, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor, Administrator, and Entrant.
Information Use and Disclosure
Internal Use
We use your personal information to process your order and provide you with customer service. We may internally use your personal information to improve our site's content and layout, to improve our outreach and for our own marketing efforts (including marketing our services and products to you), and to determine general marketplace information about visitors to these sites.
Communications with You
We will use your personal information to communicate with you about our site and your orders and deliveries. Also, we may send you a confirmation email when you register with us. We may send you a service-related announcement on the rare occasions when it is necessary (for example, if we must temporarily suspend our service for maintenance.) Also, you may submit your email address for reasons such as to register for a promotion or giveaway; to request us to notify you when we receive new products, new sale items, or products relating to your previous purchases; to sign up for our email newsletter and special offers. If you submit your email address, we use it to deliver the information to you. We always permit you to unsubscribe or opt out of future emails (see the opt out section, below, for more details). Because we have to communicate with you about orders that you choose to place, you cannot opt out of receiving emails related to your orders.
External Use
We want to provide you with excellent service and to offer you a great selection - we primarily sell merchandise, not information. We do not sell, rent, trade, license or otherwise disclose your specific personal information or financial information to anyone, except that:
As do most catalog and Internet retailers, we sometimes use others to perform specific functions on our behalf. When we disclose information to these service providers, we disclose information to help them to perform their service. For example, in order to deliver products to you, we must share some information. We partner with third parties (such as the U.S. Postal Service, United Parcel Service, and Federal Express) to ship products, to ensure delivery, and so that we can obtain feedback, improve the quality of our service, and measure and improve the quality of the service of the third party. In the example of shippers, we provide them some personally identifiable information such as your name, shipping address, email, and phone number.
Similarly, to help you buy products and provide customer service to you, we must provide your credit card number to financial-services corporations such as credit-card processors and issuers. When we submit your credit card number for authorization, we use state-of-the-art data encryption to protect your information. (More on this below in Data Security.)
We may be required to disclose such information in response to requests from law-enforcement officials conducting investigations; subpoenas; a court order; or if we are otherwise required to disclose such information by law. We also will release personal information where disclosure is necessary to protect our legal rights, enforce our Terms of Use or other agreements, or to protect ourselves or others. For example, we may share information to reduce the risk of fraud or if someone uses or attempts to use our Site for illegal reasons or to commit fraud.
We will not sell (or trade or rent) personally identifiable information to other companies as part of our regular course of business. However, it's possible that we might acquire or merge with or be acquired by another company or that we might dispose of some or all of our assets. If that
happens, your personal information may be disclosed to another company, but that disclosure will be subject to the Privacy Policy in effect.
We may share non-personal information (such as the number of daily visitors to a particular web page, or the size of an order placed on a certain date) with third parties such as advertising partners. This information does not directly personally identify you or any user.
(vii) We publicly disclose the name, city, and state of contest winners, however we contact you for approval prior.
Data Security
These sites incorporates physical, electronic, and administrative procedures to safeguard the confidentiality of your personal information, including Secure Sockets Layer ("SSL") for all financial transactions through these sites. We use SSL encryption to protect your personal information online, and we also take several steps to protect your personal information in our facilities. Access to your personal information is restricted. Only employees who need access to your personal information to perform a specific job are granted access to your personal information. Finally, we rely on third-party service providers for the physical security of some of our computer hardware. We believe that their security procedures are adequate. For example, when you visit our Site, you access servers that are kept in a secure physical environment, behind a locked cage and an electronic firewall. While we use industry-standard precautions to safeguard your personal information, we cannot guarantee complete security. 100% complete security does not presently exist anywhere online or offline.
Update to this Policy
If we change or update this Privacy Policy, we will post changes and updates on these sites so that you will always be aware of what information we collect, use and disclose. We encourage you to review this Privacy Policy from time to time so you will know if the Privacy Policy has been changed or updated.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the
minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and DPI Inc. with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and DPI Inc. with respect to such use are hereby superseded and cancelled. DPI Inc. will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. DPI Inc. failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by DPI Inc. of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between DPI Inc. and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Trademark Information
Throughout the site trademarks are indicated by either a TM or ®. All such trademarked items are TM or ® of DPI Inc. or their respective owners. Use of any trademark for commercial purposes without the prior written consent may constitute trademark infringement and unfair competition in violation of federal and state laws.
Disclaimers
DPI, INC. DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THESE SITES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE DPI, INC. WEBSITES, IS DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DPI, INC. MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THESE SITES OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITES, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITES OR ANY LINKED SITES. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. DPI, INC. CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. DPI, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DPI, INC.DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN
WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DPI, INC. SHALL NOT BE LIABLE FOR THE USE OF THE SITES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. DPI, INC. DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THESE SITES AND/OR ANY DPI, INC. SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THESE SITES AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST DPI, INC.FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
DPI, Inc. reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.