Terms and Conditions of Use
D-DEY RESPONSE GROUP offers merchandise for purchase to the customer (or “you” or “your”) for personal or commercial use, and on an “as is” and “as available” basis (the “Services”). D-DEY RESPONSE GROUP and its affiliated brands and services (“D-DEY RESPONSE GROUP”, “we” or “us“) provides this and other websites including applications and other online services that are accessible through various desktop, tablet and mobile web browsers from time to time (collectively the “Sites”) subject to your compliance with these Terms and Conditions of Use (“Term of Use”).
To purchase any products on our sites, you will be required to register an account using a current valid e-mail address and by generating a password. You are responsible for all costs, expenses and fees related to your access to the Sites. We help you protect the security of your information by requiring you to authenticate your identity by way of a User ID and other factors, which may include a password, token and/or challenge questions (“Authentication Factors”). Once we have authenticated you the first time and you have set up your Authentication Factors, you will be able to purchase merchandise offered on our website each time you sign-in. You agree to maintain or update the e-mail address that you provide to us when you first register for the Services. We use your e-mail address to communicate with you electronically. E-mail is not secure and you understand that there are risks associated with communicating via e-mail, including the possibility of unauthorized access, failure to receive e-mails because they have been misdirected or sent to a spam folder, and your inability to access e-mail due to power outages, hardware or software malfunctions or failures of your computer or mobile device, or matters affecting the Internet or your access to the Internet. Do not rely on e-mail if you need to contact us immediately. For security reasons, we may not be able to respond to certain e-mail requests.
Authentication and Security
We help you protect the security of your information by requiring you to authenticate your identity (i.e., prove that you are who you say you are) each and every time you sign-in to the Services. You acknowledge and agree that you should not share your sign-in credentials with any other person, and that any use of your sign-in credentials will be relied upon by us and shall constitute your authorization to complete any transactions that are requested. You agree that if you give your sign-in credentials and access to a recognized device to another, you are authorizing that person to transact on your behalf, and you are responsible for their activity on this website. This means that you must keep your sign-in credentials personal and confidential and not disclose this information to any other person. It is a good idea to protect your security by always closing your web browser after logging out of the Services. You can contact us at (772) 419-7199 or firstname.lastname@example.org regarding technical issues with this site.
Privacy and Security
Intellectual Property Rights
The Sites contain valuable trademarks (TM) and service marks (SM) owned, licensed and used by D-DEY RESPONSE GROUP (collectively, the “D-DEY RESPONSE GROUP Marks”). Notice of the D-DEY RESPONSE GROUP Marks is provided by prominently posting D-DEY RESPONSE GROUP throughout the Sites. Any use of the D-DEY RESPONSE GROUP Marks without the prior written permission of D-DEY RESPONSE GROUP is strictly prohibited. The arrangement and layout of the Sites, including but not limited to, the D-DEY RESPONSE GROUP Marks, images, text, graphics, buttons, screenshots, music, digitally downloadable files, software, applications, and other content or material (collectively, the “Site Content”), are the sole and exclusive property of D-DEY RESPONSE GROUP. Unauthorized copying, reproduction, modifying, republishing, uploading, downloading, posting, transmitting, making derivative works or duplicating all of any part of the Sites is prohibited. D-DEY RESPONSE GROUP uses a network of independent third-party manufacturers, shippers, product and content suppliers, distributors, software developers, software support services, advertisers and marketers, and other third parties to supply the products, software, and services. All other trademarks, service marks, product names, package designs and company names or logos associated with these product and content suppliers, distributors and other such third parties that are not owned by D-DEY RESPONSE GROUP but appear on the Sites are the property of their respective owners.
In order to purchase products, the customer agrees to pay the price indicated in the product page, checkout page, or order, as the case may be. The receipt of an order number to purchase an item, or an email order confirmation, does not constitute the acceptance of an order or a confirmation of an offer by D-DEY RESPONSE GROUP to purchase that item at that price. D-DEY RESPONSE GROUP reserves the right, without prior notification, to provide a similar comparable or upgraded item in the event that the item you ordered is no longer in stock or discontinued. D-DEY RESPONSE GROUP reserves the right, without prior notification, to limit the order quantity on any item or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. D-DEY RESPONSE GROUP will not use a credit report to determine whether an order will be accepted. D-DEY RESPONSE GROUP makes every effort to accurately display colors of products appearing on the Sites. However, because the colors you see directly depend on your monitor settings, D-DEY RESPONSE GROUP cannot guarantee that your monitor will accurately display the colors of items on the Sites. Prices and availability of products on the Sites are subject to change by D-DEY RESPONSE GROUP without notice.
Errors will be corrected if and as when discovered and at D-DEY RESPONSE GROUP’s sole discretion. D-DEY RESPONSE GROUP reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission, including after an order has been submitted. Certain orders may constitute improper use of the Sites. D-DEY RESPONSE GROUP reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at D-DEY RESPONSE GROUP’s sole discretion. It is expressly agreed that time is not of the essence with order acceptance or order implementation, including the preparation of an order by the manufacturer, and the shipping of that order by the shipper.
Shipping Your Order
Shipping times are based on in-stock items and your selected shipping method. To estimate the arrival date of your order, add the processing time and the shipping time to calculate the total shipping time in business days to receive your items. If an item is not in-stock, additional delivery time will apply based on the products availability and must be added to the total shipping time. At this time we only ship within the continental United States and U.S. territories, Canada and Mexico. The risk of loss and title for all merchandise ordered on this Site pass to you when the merchandise is delivered to the shipping carrier. International Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details. Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. D-DEY RESPONSE GROUP is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.
- Shipping Method: You may select your own shipping method for most products. Certain items require D-DEY RESPONSE GROUP to select the shipping method and not all options may be available depending on the items in your shopping cart.
- Shipping Time: The amount of time in transit for your selected shipping method.
- Business Days:Monday through Friday, excluding holidays.
- Processing Time:1-24 Hours. In-Stock orders placed by 3pm during business days are usually shipped out the same day.
- Sales Tax: D-DEY RESPONSE GROUP charges sales tax for merchandise ordered on this Site based on the applicable state sales tax rate and the location to which the order is being shipped.
No refunds available for any Services, including any product or training course. Credits may be used and applied to any other training course within the calendar year. Gift Certificates will expire within one year of issue. Course Cancellations will not be credited or refunded unless D-DEY has been notified via email 15 days prior to course start date. You may purchase merchandise from this Site by using any one of the payment options listed in (link to Payment Options). D-DEY RESPONSE GROUP reserves the right to change its payment procedures at any time without prior notice to you.
Due to our commitment to process orders quickly and the nature of the Services, there is a limited period of time in which your order can be cancelled. Please follow directions to submit a cancellation request. Please note that a request, acceptance or denial of the cancellation will be sent to the email on the order. If you have not received an email confirmation from us, your order has not been cancelled. If you are canceling an order due to backorder or discontinuation, please contact our customer service department to confirm the backorder date before making your final decision.
Links to Other Websites
All content on the Sites is subject to copyright by D-DEY RESPONSE GROUP (“Copyright Policy”). This Copyright Policy describes D-DEY RESPONSE GROUP’s policy of prohibiting any information or materials that violate another party’s intellectual property rights from appearing on their websites and their related domains. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for a copyright owner who believes that material appearing on the Internet infringes rights under U.S. copyright law. D-DEY RESPONSE GROUP complies with the DMCA by responding to notices and counter-notices that meet the DMCA requirements. Any communications concerning the Copyright Policy should be provided by e-mail at email@example.com and to the D-DEY RESPONSE GROUP mailing address.
Mobile Devices and Mobile Applications
User Generated Content
D-DEY RESPONSE GROUP may record and monitor incoming and outgoing telephone, cellular, wireless, cordless, VOIP and all other calls and online chats with you for customer service, reference, accuracy, verification, agreement enforcement and training purposes. For all communications made to or with D-DEY RESPONSE GROUP including but not limited to calls, online chats, feedback, questions, comments and suggestions: (i) you will have no right to confidentiality in your communications and D-DEY RESPONSE GROUP will have no obligation to protect your communications from disclosure; (ii) D-DEY RESPONSE GROUP will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) D-DEY RESPONSE GROUP will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information. Please see the Privacy Statement for further information.
Indemnity for Site
Disclaimer of Warranties
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY, NOR ANY PERSON OR ENTITY ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO BY THE WEBSITE. THE COMPANY, NOR ANY PERSON OR ENTITY ASSOCIATED WITH THE COMPANY, ASUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) DAMAGES, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATING TO THE WEBSITE OR ANY OF OUR PRODUCTS OR SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF A PURCHASED ITEM.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
IN NO EVENT WILL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE WEBSITE, ANY SITES LINKED TO IT, OR ANY CONTENT, GOODS, OR SERVICES OBTAINED THROUGH THE WEBSITE OR ANY SITES LINKED TO IT INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CASUED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE GREAT OF (I) THE AMOUNT IN DISPUTE NOT TO EXCEED THE TOTAL AMOUNT WHICH YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION, OR (II) ONE HUNDRED DOLLARS ($100).
Class Action Waiver. You and D-DEY RESPONSE GROUP waive their rights to sue before a judge or jury and to participate in a class action, class-wide arbitration, private attorney general action, or any other proceeding in which a party acts in a representative capacity. Instead, any claim or dispute will be resolved on an individual basis by a neutral arbitrator whose decision (called an “award”) will be final except for a limited right to appeal under the Federal Arbitration Act. The arbitrator may not join or consolidate proceedings together without the consent of all parties to all proceedings.
Before seeking arbitration, you and D-DEY RESPONSE GROUP must first send to the other, by certified mail return receipt requested or a courier service that requires a signature upon delivery, a written Notice of Dispute (“Notice”). A Notice to D-DEY RESPONSE GROUP must be address to: 7834 SW Jack James Drive, Stuart, FL 34990. A Notice to you must be addressed to its address in D-DEY RESPONSE GROUP’s records. The Notice must (A) describe the nature and basis of the claim or dispute; and (B) set forth the specific relief sought. If D-DEY RESPONSE GROUP and you do not reach an agreement to resolve the claim or dispute within 30 days after the Notice is received, you or D-DEY RESPONSE GROUP may commence an arbitration.
D-DEY RESPONSE GROUP or you may bring an individual suit in a small claims court instead of sending a Notice or arbitrating. You may sue in the small claims court in your principal place of residence or business, or in Palm Beach County, Florida.
The ARS’s Rules and Regulations for Businesses to Individuals Program or Business to Businesses Program, as modified by this Arbitration Agreement, apply. To commence arbitration, submit a Demand for Arbitration with the required fee to the ARS and send a copy to D-DEY RESPONSE GROUP at the following address: 7834 SW Jack James Drive, Stuart, FL 34990. You and D-DEY RESPONSE GROUP expressly agree to abide by any and all rules of ARS as found in their web site at www.arbresolutions.com. In the event that a party fails to pay any award, the award may be converted to judgment in a Court of competent jurisdiction. Any in-person hearing will be held in the county of EP’s principal place of business.
For disputes involving $25,000 or less, D-DEY RESPONSE GROUP will pay all ARS and arbitrator’s fees and will promptly refund your filing fee, unless the arbitrator finds the arbitration frivolous or brought for an improper purpose. For disputes involving more than $25,000, ARS rules govern fees. D-DEY RESPONSE GROUP will not seek its attorney’s fees or expenses in any arbitration.
The arbitrator may award the same relief as a court could but may award declaratory or injunctive relief only to the individual party and only to the extent necessary to provide relief for that party’s individual claim. Any court with jurisdiction may enforce the arbitrator’s award.
If the class action waiver mentioned herein is found to be illegal or unenforceable as to all or any part of a claim or dispute, then the Arbitration Agreement is null and void as to that part, which shall proceed in court with the rest of proceeding in individual arbitration. If any other provision of the Arbitration Agreement is found to be illegal or unenforceable, that provision shall be severed and the rest will continue to apply in individual arbitration.
Notwithstanding any provision to the contrary, if EP makes any future change to this Arbitration Agreement (other than address changes), you may reject that change by sending D-DEY RESPONSE GROUP written notice within 30 days of receiving notice of the change to the following address: 7834 SW Jack James Drive, Stuart, FL 34990. The version of the Arbitration Agreement in force just before the rejected change will govern.
One-Year Limit on Claims and Disputes
Any claim or dispute must be filed in arbitration or small claims court (or in court if the Arbitration Agreement is found to be illegal or unenforceable so as to permit filing in court) within one (1) year of the date it first could be filed. Otherwise it is permanently barred.
The terms and conditions of this Agreement shall prevail over any additional, contrary terms, or oral representations, which may be contained in any instructions or other communications submitted to D-DEY RESPONSE GROUP by you with respect to this Agreement.
Notice to California Residents
California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. These warnings relate to some but not all tools, lead crystal glassware, ceramic tableware, tiffany style lamps, and electrical cords. Pursuant to California Civil Code Section 1789.3, D-DEY RESPONSE GROUP provides users of the Sites with the following notice: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.
Right to Access
You must be at least eighteen (18) years old to use the Sites. By using the Sites, you affirm that you are over age eighteen (18) years. If you are under age eighteen (18), you may not access or use the Sites. If you are a parent or guardian that provides consent to your teenager’s or minor’s use of the Sites, you agree to be bound by these terms in respect such teenager’s or minor’s use of the Sites.
D-DEY RESPONSE GROUP periodically schedules system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that D-DEY RESPONSE GROUP has no responsibility and is not liable for: (a) the unavailability of any of the Sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.
The Sites are operated by D-DEY RESPONSE GROUP and are intended for users who reside in the contiguous United States of America, which excludes Alaska, Hawaii, Puerto Rico and the US overseas territories. D-DEY RESPONSE GROUP retains the right at its sole and absolute discretion to exclude sales to other states within the contiguous United States of America. D-DEY RESPONSE GROUP makes no representations or warranties that the Sites or any materials contained in them are valid, appropriate or available for use outside of the United States. D-DEY RESPONSE GROUP reserves the right to limit the availability of the Sites or the provision of any service, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole and absolute discretion.