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Home > Terms and Conditions
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| Terms of Use
Introduction
Welcome to the Don’t Disturb Me! Website. This Terms of Use Agreement sets forth the Agreement between Diva Marketing Group. ("Don’t Disturb Me!" or "we") and each user ("you" or "user") governing the use by you of this site. All orders accepted herein are fulfilled by Don’t Disturb Me!, which is subject to all of the provisions set forth herein. Please read this Agreement carefully before using this site. By using this site, you signify your assent to this Terms of Use Agreement. If you do not agree to the terms and conditions contained in this Terms of Use Agreement, you may not access or otherwise use this site. This Agreement does not apply to any transaction or relationship between the parties that is not related to the use of this Web site and/or the purchase and sale of merchandise through this Web site.
Copyright and Trademarks
All Web site design, text, graphics, sound, software and other content, and the selection and arrangement thereof, are the property of Don’t Disturb Me! or its licensors, and are protected by United States and international copyright law. All rights to such materials are reserved to their respective copyright owners. Permission is granted to electronically copy and to print in hard copy portions of this Web site for the sole purpose of placing an order with Don’t Disturb Me! or using this Web site as a shopping vehicle.
Any other use of materials on this site, including without limitation reproduction for purposes other than noted above, modification, distribution, replication, commercial or other exploitation, or creation of derivative works, without the prior written permission of Don’t Disturb Me!, is strictly prohibited.
Don’t Disturb Me!, and all logos, page headers, custom graphics and icons are service marks and/or trademarks of Don’t Disturb Me! or its licensors or affiliates. All other trademarks, service marks, product names and company names or logos that appear on this site are the property of their respective owners.
No Warranty - Disclaimer
Don’t Disturb Me! is providing this site and its contents on an "as is" basis. Don’t Disturb Me! and its officers, directors, employees, agents, licensors, suppliers, financers, content providers and the like (together, "affiliates") make no representations or warranties of any kind, express or implied, with respect to this site or its contents, including without limitation the products, information or services offered or sold on or through this site or any Linked Site and the uninterrupted and error-free use of this site. Don’t Disturb Me! and its affiliates expressly disclaim all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement. Don’t Disturb Me! and its affiliates do not warrant that the site or files available on the site will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral or written statements by Don’t Disturb Me! or its affiliates will create any warranty not expressly set forth herein. Your use of this site and any Linked Site is at your sole risk.
Order Acceptance
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped.
Some situations that may result in your order being canceled include limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; product or ingredient restrictions mandated by local, state, national or international regulations; or problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
Don’t Disturb Me! strictly follows all national and international regulations regarding the sale, purchase and shipment of any product or product ingredient that is considered restricted or prohibited by any law within the United States or abroad.
Order Returns
You may return any unopened product with accompanying receipt within thirty days of purchase and receive a full refund by mail to: Don’t Disturb Me!, ATTN: Returns, 2612 Sleepy Hollow, Pearland, TX 77581.
Prices & Currency
The prices displayed on this website are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. International shipment rates vary based on total package weight and final destination. All pricing does not include duties, insurance costs, tariffs, or value-added taxes. If assessed, these charges are the responsibility of the package recipient, who will be billed for them by the local Customs office.
Pricing or Typographical Errors
We are committed to providing accurate product and pricing information. However, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Don’t Disturb Me! shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.
Quantity Limits and Items for Resale
Don’t Disturb Me! reserves the right to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied.
Limitation of Liability
Don’t Disturb Me! and its affiliates shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use this Web site, including without limitation any liability (i) as a publisher of information, (ii) as a reseller of any products or services, (iii) for any defective products, (iv) for any incorrect or inaccurate information, (v) for any unauthorized access to or disclosure of your transmissions or data, (vi) for statements or conduct of any third party on the site, or (vii) for any other matter relating to this site or any linked site. This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation any direct, indirect, special, incidental or consequential damages (including without limitation damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including without limitation negligence), product liability or otherwise, even if the user advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Don’t Disturb Me! and the user. The products, information and services offered on and through this website would not be provided without such limitations. Because the laws of some states may not allow for the exclusion of certain damages, in such states liability is limited to the fullest extent permitted by law.
Notwithstanding the foregoing, the sole and entire maximum liability of Don’t Disturb Me! and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from Don’t Disturb Me! on this Web site.
You agree to indemnify, defend and hold harmless Don’t Disturb Me! and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable attorneys' fees, resulting or arising from or relating to your use of or conduct on the site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the site, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to this Web site.
Site Usage/Termination of Usage
You agree to maintain the security of your account on the site, including the security of your password and other confidential information relating to the use of the site and your account on the site. You agree to be responsible for all charges resulting from the use of your account on the site, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Don't Disturb Me!
You agree to use this site only for lawful purposes, and that you are responsible for your use of and communications on the Web site. You agree not to post on or transmit through this Web site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including without limitation any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the website. You agree not to reproduce, modify, distribute, replicate, commercially exploit or create derivative works of any portion of the Web site or material thereon.
You further agree that you will not access our Web site by any means except through the interface provided by Don’t Disturb Me! for access to the site. You agree that you will not access this site from any territory where its contents are illegal, and that you, and not Don’t Disturb Me! and its affiliates, are responsible for compliance with applicable local laws.
These terms are effective unless and until terminated by either you or Don’t Disturb Me! You may terminate this Agreement at any time, provided that you discontinue any further use of this Web site. Don’t Disturb Me! also may terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to the site, if in Don’t Disturb Me! sole discretion you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another user or Don’t Disturb Me! or its affiliates. Upon any termination of the Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Web site, as well as all copies of such materials, whether made under the terms of use or otherwise.
You agree that Don’t Disturb Me! may terminate or suspend your access to all or part of this Web site, without notice, for any conduct that Don’t Disturb Me!, in its sole discretion, believes is in violation of these Terms of Use or any applicable law or is harmful to the interests of another user, Don’t Disturb Me! or its affiliates.
Applicable Law; Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without regard to choice of law rules. Each user agrees to submit to personal jurisdiction in the State of Texas and further agrees that any cause of action arising from or relating to the use of this site or this Agreement shall be brought exclusively in Federal or State Courts for Harris County, Texas.
Severability; Interpretation
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term "including" shall be deemed to be followed by the words "without limitation."
Entire Agreement
This Agreement constitutes the entire and only Agreement between Don’t Disturb Me! and each user of this website with respect to the subject matter of this Agreement and supercedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement. You agree to review this Agreement prior to your use of this Web site and your use of this Web site shall be deemed acceptance of and assent to this Agreement by you.
Changes to Terms of Use Agreement
This information was last updated on December 2, 2008. Don’t Disturb Me! may, in its sole discretion, amend this Terms of Use Agreement from time to time. Please check this Agreement area periodically for changes. Use of this Web site after any modification implies that you consent to this Agreement as modified.
Miscellaneous
The failure of Don’t Disturb Me! or its affiliates to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this site or this Agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The "No Warranty - Disclaimer" and "Limitation of Liability" provisions of this Agreement are for the benefit of Don’t Disturb Me! and its affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
With the prior agreement of Don’t Disturb Me!, any claim, dispute or controversy arising or concerning this site and/or this agreement shall be decided by binding arbitration with the Rules of the American Arbitration Association and any such arbitration pro brought and held in Harris County, Texas, USA. The decisions of the arbitrators shall be conclusive upon all parties involved and judgment upon any award of the arbitrator by any court having competent jurisdiction. This provision shall be specifically enforced by a court of competent jurisdiction.
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| Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of this Store., Copyright © 2006, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. |
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| We accept the following credit cards: Visa, MasterCard, and Discover. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order. Your credit card will be billed upon shipment of your order. |
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| This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we're not responsible for the operation of or content located on or through any such site. |
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We accept money orders, cashier’s checks, personal checks, and company checks in U.S. Dollars only. Orders are processed upon receipt of a money order or cashier’s check. For personal and company checks, please allow up to 10 banking days after receipt for clearance of funds before the order is processed. We cannot guarantee the availability of a product by the time funds clear or payment is received. We will charge a $25 fee on all returned checks.
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| For a multiple product order, we will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order. |
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| 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. Sample Store reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item. |
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| These Conditions will supersede any terms and/or conditions you include with any purchase order, regardless of whether Sample Store. signs them or not. We reserve the right to make changes to this site and these Conditions at any time. |
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| We will ship your product as it becomes available. Usually, products ship the same day if ordered by 5:00PM , or by the next business day if your order is received after this time and for orders received on Saturday, Sunday or any major holiday. However, there may be times when the product you have ordered is out-of-stock which will delay fulfilling your order. We will keep you informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. You may cancel your order at any time prior to shipping. |
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| We keep your personal information private and secure. When you make a purchase from our site, you provide your name, email address, credit card information, address, phone number, and a password. We use this information to process your orders, to keep you updated on your orders and to personalize your shopping experience.
Our secure servers protect your information using advanced encryption techniques and firewall technology.
To keep you informed about our latest offers, we may notify you of current promotions, specials and new additions to the Sample Store site. You may unsubscribe from our newsletters by following the unsubscribe instructions in any email you receive from us.
When entering any of our contests or prize drawings, you provide your name, email address and mailing address. If you win, we will send the prize to the address entered and notify you by email. When you enter a contest or drawing you are also included in our newsletter list to receive notice of promotions, specials and new additions to the Sample Store site. You may unsubscribe from this news list by following the unsubscribe instructions in any email received.
We use "cookies" to keep track of your current shopping session to personalize your experience and so that you may retrieve your shopping cart at any time. |
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Other sites accessible through our site have their own privacy policies and data collection practices. Please consult each site's privacy policy. Our Store is not responsible for the actions of third parties.
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| We will gladly accept the return of products that are defective due to defects in manufacturing and/or workmanship for 30 days from the date of purchase. Fulfillment mistakes that we make resulting in the shipment of incorrect product to you will also be accepted for return 30 days from the date of purchase. |
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| Shipping Time -- Most orders received before 5:00PM will ship the same day, provided the product ordered is in stock. Most orders received after 5:00 PM will ship the next business day. Orders are not processed or shipped on Saturday or Sunday, except by prior arrangement.
We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by Sample Store or other parties only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability. |
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| Our Store shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the same state. For orders shipped to other states, you are solely responsible for all sales taxes or other taxes. |
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| In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Our Store shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Our Store shall have the right to refuse or cancel any such orders 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 canceled, Our Store shall immediately issue a credit to your credit card account in the amount of the incorrect price |
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