Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms of service. Please review these terms of service carefully. If you do not agree to these terms of service, you should not use this site.
THESE TERMS OF SERVICE REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. PLEASE REVIEW THIS AGREEMENT IN ITS ENTIRETY BEFORE USING THE
SITE IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF.
1 Agreement. This Term of Service agreement (the “Agreement”) specifies the Terms of Service for access to and use of https://dwoir.com/ (the “Site”) and describes the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by DWOIR LLC upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at https://dwoir.com/terms-service/. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
3. Ownership. All content included on the Site is and shall continue to be the property of DWOIR LLC or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site
4. Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 16.
5. Trademarks. DWOIR ®,®, ®, and others are either trademarks or registered trademarks of DWOIR LLC. Other product and company names mentioned on the Site may be trademarks of their respective owners.
6. Personal and Non-Commercial Use of Website. The Site is for your personal and non-commercial use, unless otherwise specified. You may not purchase any goods through the Site for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of DWOIR LLC. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative
works from, transfer, sell or otherwise infringe on any intellectual property rights related to any information, content, products or services obtained from or otherwise connected to the Site.
7. Compliance with Laws. You must abide by all Federal, State and local laws. If you are outside the United States you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence.
8. Indemnification. You agree to indemnify and hold DWOIR LLC, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from the Site.
9. Disclaimer. THE USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ANY INFORMATION OR SERVICE PROVIDED THROUGH THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS PROVIDED FOR ELSEWHERE ON THE SITE, DWOIR LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A Commented [AB1]: NTC: Will need a hyperlink. 2 PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DWOIR LLC MAKES NO WARRANTY THAT (1) THE SITE WILL MEET YOUR REQUIREMENTS, (2) THE SITE, AND ANY INFORMATION OR SERVICE PROVIDED BY THE SITE, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERRORFREE, (3) THE RESULTS OF USING THE SITE, AND ANY INFORMATION OR SERVICE PROVIDED BY THE SITE, WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN ANY
SOFTWARE UTILIZED BY THE SITE WILL BE CORRECTED. No advice or information, whether oral or written, obtained by you from or through the Site shall create a warranty not expressly stated in this Agreement or the Terms and Conditions for Online Sales.
TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE
10. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL DWOIR LLC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
12. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by contacting use using the information provided in Section 19 below.
13 . Governing Law; Arbitration.
(a) If there is any dispute about or involving the Site or this Agreement, you agree that any dispute shall be governed by the laws of the State of Florida without regard to its conflict of law provisions.
(b) ANY CLAIM, DISPUTE, OR CONTROVERSY OF ANY KIND OR NATURE ARISING HEREUNDER WHICH CANNOT BE AMICABLY RESOLVED BY US SHALL BE SOLELY AND FINALLY SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY
COURT HAVING JURISDICTION THEREOF. THE ARBITRATION SHALL TAKE PLACE BEFORE 3 A PANEL OF ONE ARBITRATOR SITTING IN BROWARD COUNTY, FLORIDA. THE LANGUAGE OF THE ARBITRATION SHALL BE ENGLISH. THE ARBITRATORS WILL BE BOUND TO ADJUDICATE ALL DISPUTES IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA. THE DECISION OF THE ARBITRATOR SHALL BE IN WRITING WITH WRITTEN FINDINGS OF FACT AND SHALL BE FINAL AND BINDING ON THE PARTIES. EACH PARTY SHALL BEAR ALL OF THEIR OWN COSTS INCURRED IN CONNECTION WITH ANY SUCH ARBITRATION PROCEEDINGS. WITH RESPECT TO ANY ARBITRATION HEREUNDER, AS STATED ABOVE, YOU HEREBY EXPRESSLY WAIVE ANY RIGHT TO CONSOLIDATE ANY CLAIM AND/OR PARTICIPATE IN ANY CLASS-ACTION CLAIM OF ANY KIND OR NATURE. THIS SECTION (13) PROVIDES YOUR SOLE RECOURSE FOR THE SETTLEMENT OF ANY DISPUTES ARISING OUT OF, IN CONNECTION WITH, OR RELATED TO THESE TERMS. IF ANY PROVISION OF THIS CLAUSE IS FOUND UNENFORCEABLE, SUCH UNENFORCEABLE
PROVISION WILL BE REMOVED AND THE REMAINING TERMS WILL BE ENFORCED. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE GIVING UP: (I) YOUR RIGHT TO LITIGATE ANY CLAIMS THAT MAY ARISE HEREUNDER IN COURT OR BEFORE A JURY; AND (II) YOUR RIGHT TO CONSOLIDATE ANY CLAIM AND/OR PARTICIPATE IN ANY CLASSACTION CLAIM THAT MAY ARISE HEREUNDER IN ANY MANNER OR FORUM.
14. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
15. Waiver. The failure of DWOIR LLC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by DWOIR LLC must be in writing and signed by an authorized representative of DWOIR LLC.
16 . Modification and Termination of the Website. DWOIR LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any service provided by the Site (or any part thereof) with or without notice. You agree that DWOIR LLC will not be liable to you or any third party for any modification, suspension or discontinuance of the Site or any service.
17. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions
any changes have been made to the Terms of Service signifies and confirms your acceptance of any such changes or amendments to the Terms of Service.
19 . Contact Information.