Terms & Conditions of Use
This Web Site (‘Site’) and any sub-site accessible through the homepage, including dbspokerrun.com, is maintained and published by named and unnamed subsidiaries, affiliates, contract consultants, and/or related entities of Dartmouth Building Supply, Inc.
Each sub-site may have its own terms and conditions of use, which is specific to such sub-site. When you view, browse or use this Site you accept, without limitation or qualification, the terms and conditions set forth below and any additional terms and conditions of use set forth in each sub-site.
YOUR RIGHT TO USE THE SITE AND ITS CONTENTS
This Site is for your personal use only. You may not distribute exchange, modify, sell or transmit anything you copy from this Site, including but not limited to any text, images, audio and video, for any business, commercial or public purpose. As long as you comply with these Terms and Conditions of Use, Dartmouth Building Supply, Inc. grants you a non-exclusive, non-transferable, limited right to enter, display and use this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.
USER FORUM RULES
If and when a USER FORUM is made available; when participating in Dartmouth Building Supply’s USER FORUM, you agree not to post, send, transmit, upload or otherwise publish through this Site, any materials that:
1. Are illegal, indecent, obscene, abusive, offensive or threatening in any way
2. Contain false or misleading statements
3. Contain a virus or any other harmful component
4. Encourage anyone to break the law
5. Violate anyone’s copyright or other property right
6. Interfere with anyone else’s use of the Site
7. Interfere with the privacy of any other user
Dartmouth Building Supply, Inc. will cooperate with any law enforcement authorities or court order requesting or directing Dartmouth Building Supply, Inc to disclose the identity of anyone posting such materials.
All materials on this Site, including but not limited to audio, images, software, text and video clips (the “Content”), are protected by U.S. copyright law, international conventions, and other copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content.
There are a number of proprietary logos and trademarks found on this Site. By making them available on this Site, Dartmouth Building Supply, Inc. is not granting you any license to utilize those proprietary logos or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
You may download one (1) copy only of the Content to be used only by you for your personal use at home unless the sub-site you are accessing states that you may not. If you download any Content from this Site, you may not remove any copyright or trademark notices or other notices that go with it.
DARTMOUTH BUILDING SUPPLY’S RIGHTS TO USER’S MATERIAL
If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way Dartmouth Building Supply, Inc. uses such material.
Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by Dartmouth Building Supply, Inc. anywhere in the world, in any medium, forever. Furthermore, Dartmouth Building Supply, Inc. is free to use, without any compensation to you, any concepts, ideas, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. However, you agree and understand that Dartmouth Building Supply, Inc. is not obligated to use any such ideas or materials and you have no rights to compel such use.
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card or credit history information) is encrypted (sent in code). Sending a message to Dartmouth Building Supply, Inc. does not cause Dartmouth Building Supply, Inc. to have any special responsibility to you.
This Site may contain links to other Internet sites on the World Wide Web. Dartmouth Building Supply, Inc. provides such links for your convenience only, and is not responsible for the content of any site linked to or from this Site. Links from this Site to any other site does not mean that Dartmouth Building Supply, Inc. approves of, endorses or recommends that site. Dartmouth Building Supply, Inc. disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site.
This Site may contain contests that require you to send in material or information about yourself or offer prizes. Each contest has its own rules, which you must read and agree to before you may enter.
AVAILABILITY OF PRODUCTS AND SERVICES
The products and services displayed on the Site may not be available for purchase in your particular country or locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular location. You should check with your local Dartmouth Building Supply, Inc. authorized representative for the availability of specific products and services in your area.
RIGHT TO CHANGE THESE TERMS AND CONDITIONS OF USE OR CONTENT ON THE SITE
Dartmouth Building Supply, Inc. may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. Dartmouth Building Supply, Inc. may add, change, discontinue, remove or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
You agree to indemnify, defend and hold Dartmouth Building Supply, Inc. and all of its agents, directors, employees, information providers, licensors and licensees, officers and parent, (collectively, “Indemnified Parties”) harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use or the foregoing representations, warranties and covenants. You will cooperate as fully as reasonably required in Dartmouth Building Supply’s defense of any claim. Dartmouth Building Supply, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Dartmouth Building Supply, Inc.
DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY
Your use of this Site is at your own risk. This Site (including all content and functions made available on or accessed through this Site) is provided “as is.” To the fullest extent permissible by law, with regard to the content on this Site, Dartmouth Building Supply, Inc. makes no representations or warranties of any kind whatsoever (1) For the accuracy, merchantability, fitness for a particular purpose or non-infringement of any content published on or available through the Site, (2) That the server that makes this Site available is free of viruses or other components that may infect, harm or cause damage to your computer equipment or any other property when you access, browse, download from or otherwise use the Site.
Under no circumstances, including but not limited to Dartmouth Building Supply’s negligence, shall Dartmouth Building Supply, Inc. be liable for any consequential, direct, incidental, indirect, punitive or special damages related to (A) The use of, (B) The inability to use or (C) Errors or omissions in the contents and functions of this Site, even if Dartmouth Building Supply, Inc. or an authorized representative thereof has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of consequential or incidental damages, so the above limitation or exclusion may not apply to you. In no event shall Dartmouth Building Supply’s total liability to you for all damages, losses and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise), exceed $100.
These Terms and Conditions of Use and any additional terms posted on this Site together constitute the entire agreement between Dartmouth Building Supply, Inc. and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must be commenced within (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State ofMassachusetts, United States of America, without reference to its conflicts of law rules.
All contents of this Website are Copyright © 2002, 2003, 2004, 2005, 2006 & 2007, 2008 Dartmouth Building Supply, Inc., or third party content providers.
YOUR PRIVACY RIGHTS
Dartmouth Building Supply
958 Reed Road
Dartmouth, MA 02747
INFORMATION WE COLLECT
We may collect information (including name, address, telephone number, email address and, when necessary, credit card information and date of birth) when you:
• Place an order with our sales representatives
• Place an order on our Web site
• Make a purchase at one of our Retail Stores
• Return an item or make an exchange
• Inquire about our services
• Request a catalog
• Receive a gift certificate
• Register for our Builders Desk or photo download privledges
• Enter a contest or sweepstakes
• Are referred to us through a marketing promotion
• Participate in a marketing survey, promotion or event
We maintain the data that you provide us, along with a record of your purchases, in a secure database. To best serve you, we may combine this information with data that is publicly available and data that we receive from other reputable sources whose policies meet acceptable privacy standards.
We also gather information about how visitors navigate through our Web site by using data gathered with “cookies” and/or other online tools such as “pixel tags.”
USE OF INFORMATION COLLECTED
At Dartmouth Building Supply, Inc., we want to provide you with the best possible experience and fulfill your orders exactly as you’ve requested. In order to do this, we collect information that allows us to:
• Process and track your order
• Provide the services you request
• Contact you about the status of an order
• Send you literature or promotional offers we believe will be of interest to you
• Send you an Email Newsletter or other email
• Contact you using an auto dialer outbound telephone program
• Identify your product and service preferences
• Customize our communications to you
• Provide information concerning product recalls or products you have purchased
• Improve our merchandise selection and customer service
INFORMATION WE SHARE WITH OTHERS
We contract with other companies to provide certain services, including credit card processing, shipping, name and address verification, email distribution, market research and promotions management. We provide these companies with only the information they need to perform their services and work closely with them to ensure that your privacy is respected and protected. These companies are prohibited by contract from using this information for their own marketing purposes or from sharing this information with anyone other than Dartmouth Building Supply, Inc. From time to time, we make our mailing list (names and addresses only) and general shopping activity available to carefully screened companies whose products or services we believe will be of interest to you and whose privacy practices meet acceptable privacy standards. We do not share email addresses for this purpose. If you prefer that we do not share any information with these companies, please contact us.
If you apply for a DBS Credit Account or any credit Card offer online, you provide the financial information needed to process your application directly to Dartmouth Building Supply, Inc. or the current issuer and the administrator of the credit card program. The issuer and the administrator of the credit card program have its own privacy and security policies. You can review their policies at their website.
On rare occasions, we may disclose specific information upon governmental request, in response to a court order, or when required by law to do so. We may also share information with companies assisting in fraud protection or investigation. We do not provide information to these agencies or companies for marketing or commercial purposes.
We offer choices about the types of information you receive from us. If you prefer not to receive mail or electronic communications from Dartmouth Building Supply, Inc. or if you prefer to receive them less frequently, please contact us at the address shown below. If you no longer wish to receive our Email Newsletter, you may also contact us at the address below or unsubscribe using the link provided in each edition of the email.
If you do not want to receive mailings from other carefully screened companies, please contact us at:
Dartmouth Building Supply
958 Reed Road
Dartmouth, MA 02747
Please be sure to provide us your exact name and address, or the mailing label from your catalog, so that we can be sure to identify you correctly. Because mailings are planned in advance, it may take several weeks for your request to become effective. If, due to human error, you continue to receive unwanted communications, please contact us again and we will make every effort to correct the situation.
COOKIES AND PIXEL TAGS
A cookie is a small data file that is stored by your Web browser on your computer. Cookies enable you to place an order on our Web site. They also allow us to enhance and personalize your online shopping experience, so that the information you receive is more relevant to you.
• Remember what items are in your Sales Order
• Recognize you when you return to our Web site
• Enable you to use the Builders Desk features if you have created an account at dartmouthbuildingsupply.com
• Study how our customers navigate through our Web site and which products they request in site searches
HOW WE USE EMAIL
LINKS TO OTHER SITES
Occasionally we provide links on our website to other sites we think you will enjoy. These sites operate independently of Dartmouth Building Supply, Inc. and have established their own privacy and security policies. For the best online experience, we strongly encourage you to review these policies at any site you visit.
UPDATING OR REVIEWING YOUR INFORMATION
To update your customer information (name, address, telephone number and email address), please contact us at the address above. A limited amount of purchase information may also be available to you. To protect your privacy, we will need to validate your identity before you update or review your information.
It is our intent to protect against the loss, misuse or alteration of information that we have collected from you. We use a variety of current technologies and processes for protection of our customer data. We limit the information we provide to outside companies with whom we contract to only what they need to carry out their responsibilities. When you make a purchase, request sales information or create an account on our website, your transactional information is transmitted in a safe, encrypted format. See About Security for details.
PRIVACY OF CHILDREN ON OUR WEBSITE
Our Web site is not intended for use by children under the age of 13, and we do not knowingly collect personal information from children under the age of 13.
QUESTIONS OR COMMENTS
For questions, comments or assistance, we invite you to contact us. We hope to answer any questions to your satisfaction.