Terms

Thank you for your interest in Derstine’s, Inc. (referred to herein as “Derstine’s,” “we,” “us,” and “our”). These Terms and Conditions govern your access and use of Derstine’s website at www.derstines.com, and all sub-domains accessible therefrom (the “Site” or “Website”), as well as your activity on Derstine’s publicly available social networking websites (“Social Networking Sites”), such as Derstine’s Facebook® page at www.facebook.com/Derstines.

The Site is owned and operated by Derstine’s whereas the Social Networking Sites are owned by the respective social networking providers. Access to and use of this Site and the information, materials, products and services available on the Site is governed by applicable laws and regulations, as well as these Terms and Conditions. Access to and use of the Social Networking Sites is governed by applicable laws and regulations, the social networking providers’ applicable terms and conditions and other policies and these Terms and Conditions.

GENERAL PROVISIONS

By accessing, browsing, and/or using the Website or the Social Networking Sites, you accept, without limitation or qualification, these Terms and Conditions, which form a legally binding agreement between you and Derstine’s. If you do not agree to any or all of the provisions found in these Terms and Conditions, please immediately exit the Site or the Social Networking Sites.

Modifications and Amendments

We encourage you to review these Terms and Conditions from time to time as we may modify the same occasionally. The date of the last update of these Terms and Conditions will be posted below:

THESE TERMS AND CONDITIONS WERE LAST REVISED ON AND ARE EFFECTIVE AS OF February 27th 2014

Furthermore, we will notify you that amendments to these Terms and Conditions have been made by posting the term “Updated” next to our Terms and Conditions link on our Website for a period of 30 days after an update has occurred. Your continued access, browsing and/or use of the Website or the Social Networking Sites after the changes are posted constitutes your agreement to be bound by the Terms and Conditions as amended. If you do not agree to the changes, please discontinue use of the Website and the Social Networking Sites.

Minors.

This Site and the Social Networking Sites are not intended for use by children or anyone under the age of 18 years of age.

Rights Ownership.

Unless otherwise indicated, Derstine’s owns all right, title and interest in and to, or otherwise has a valid right to use from the appropriate rightsholder, the Site, the Social Networking Sites and all Content appearing thereon. As used in these Terms and Conditions, the term “Content” means textual elements, files, images, photos, videos, sounds, graphics, designs, compilations, and other audiovisual works. The Site, the Social Networking Sites, and the corresponding Content are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) laws, including those of the United States, and all rights therein are the property of Derstine’s, its affiliates or included by Derstine’s with permission from the rights owner. You agree not to sell, transfer, copy, publish, disclose, modify, display, distribute on-line or otherwise the Site, the Social Networking Sites, or the Content appearing thereon, accept that you may make a reasonable number of printouts of the Site for your own, personal (non-commercial) use and for archival purposes only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.

Copyright Policy.

Except as noted herein, you may not reproduce, perform, publicly display, create derivative works of, republish, upload, post, transmit, or distribute in any way whatsoever the Site, the Social Networking Sites or any Content appearing thereon without the prior written permission of Derstine’s.

Without limiting the foregoing, if you believe that your work has been copied and posted on the Site or the Social Networking Sites in a way that constitutes copyright infringement, please contact us via the contact information below and provide us with the following information:

• The signature (electronic or physical) of a person authorized to act on behalf of the owner of an exclusive right at issue;
• Identification of the work or works claimed to have been infringed;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
• Accurate contact information for the complaining party;
• A notarized statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the rightsholder or the law; and
• A notarized statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the rightsholder.

Trademark Policy.

Derstine’s trademarks are protected by federal and state law in the United States and may not be copied, used, reproduced, redistributed or imitated without Derstine’s permission. Certain other names and brands used on the Site or the Social Networking Sites are properties of other owners and used by Derstine’s pursuant to a valid right or license. These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of the rights holder.

User-Submitted Content.

By submitting or posting Content to be used on the Site or the Social Networking Sites (“User-Submitted Content”), you represent and warrant that you own all right, title and interest in and to such User-Submitted Content. You hereby grant to Derstine’s and its affiliates, parents, subsidiaries, successors and assigns a worldwide, irrevocable, royalty-free, perpetual right and license to copy, display, perform, distribute, prepare derivative works of, modify, edit, publish (publicly or otherwise), or otherwise use the Content in any media for any purposes including, but not limited to, publication on the Site or the Social Networking Sites, advertising and other commercial uses. To the extent such Content includes or is submitted along with your name, voice, image or any quotes attributable to you or photos, videos, or audio recordings of you or your likeness (“Personal Identifiers”), you hereby consent to Derstine’s use, display, performance or distribution, in Derstine’s sole discretion, of such Personal Identifiers in connection with such Content.

You grant these rights whether or not your Personal Identifiers are used by Derstine’s and Derstine’s reserves the right in its sole discretion NOT to use any User-Submitted Content or Personal Identifiers. You waive all rights related to Derstine’s use of User-Submitted Content and/or Personal Identifiers.

In addition and by submitting User-Submitted Content:

• you understand and agree that the User-Submitted Content may be cropped, edited, electronically manipulated or otherwise altered for use in the Site or the Social Networking Sites, without further consent or approval;
• you certify that you are the sole and original author (or have a written assignment of all rights from the author) of the User-Submitted Content; and you are the sole copyright owner of the User-Submitted Content, that you have the consent of all individuals depicted in the User-Submitted Content and that you have complete authority to grant to Derstine’s the rights stated herein;
• you understand and agree that online visitors to the Site or the Social Networking Sites may view the User-Submitted Content and may comment thereon as they see fit; and
• you understand and agree that Derstine’s reserves the right to remove any User-Submitted Content and/or Personal Identifiers from the Site or the Social Networking Sites at any time and for any reason at its sole discretion.

All User-Submitted Content and Personal Identifiers is/are the sole responsibility of the submitter or poster thereof. Derstine’s does not have complete control over all User-Submitted Content and, therefore, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, you may be exposed to links to third party websites that are independent from Derstine’s. You acknowledge that Derstine’s does not pre-screen or approve User-Submitted Content prior to posting. Therefore, Derstine’s makes no representations and/or warranties to any of the claims made in any User-Submitted Content.

You understand and agree that Derstine’s may review and delete any Content that in its sole opinion violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others.

You agree not to post the following kinds of Content on the Site or the Social Networking Sites:

Material that:

1. is offensive including, but not limited to, Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses, injures or advocates harassing or injuring another person;
3. involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
4. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
5. violates the intellectual property rights of another person or entity;
6. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
7. displays pornographic or sexually explicit material of any kind;
8. provides material that exploits people under the age of 18 in any manner whatsoever, or solicits personally identifying information from individuals under 18;
9. solicits passwords or personal identifying information from others; and
10. promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

Other Content may be deemed illegal or inappropriate by Derstine’s and Derstine’s reserves its rights not to post or to otherwise delete or remove any User-Submitted Content or Personal Identifiers. Further, Derstine’s reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates these Terms and Conditions.

Despite these restrictions, there is nonetheless a chance that you will become exposed to offensive or indecent Content on the Site or the Social Networking Sites. You hereby waive your right to any damages, losses or other costs (from any party) related to such exposure.

Hyperlink Disclaimer.

The Site or the Social Networking Sites may contain links and/or advertisements to other websites that may not be maintained by or related to Derstine’s. If we provide or advertise such a link, this does not mean that we endorse or approve (or otherwise take responsibility for) such website or anything appearing or available thereon. We are not responsible for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites.

If you decide to leave our Site and access these other websites, you do so at your own risk. Furthermore, you understand and agree that upon navigating to these websites you will be bound by such websites’ rules, policies and terms and conditions (if applicable).

Privacy Policy.

By agreeing to these Terms and Conditions, you agree to the terms of our Privacy Policy incorporated herein by reference and available for viewing at https://www.derstines.com/privacypolicy.html.

NO WARRANTIES.

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE, THE SOCIAL NETWORKING SITES OR ITS OR THEIR CONTENTS (INCLUDING CONTENT, USER-SUBMITTED CONTENT AND PERSONAL IDENTIFIERS), WHICH ARE PROVIDED FOR USE “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE, THE SOCIAL NETWORKING WEBSITES, THE CONTENT (INCLUDING USER-SUBMITTED CONTENT AND PERSONAL IDENTIFIERS) APPEARING THEREON AND ANY WEBSITE WITH WHICH THE SITE OR SOCIAL NETWORKING SITES ARE LINKED. WE DO NOT WARRANT THAT THE WEBSITE, THE SOCIAL NETWORKING SITES, DERSTINE’S SERVERS OR E-MAIL SENT FROM US WILL BE FREE OF ANY VIRUSES, MALICIOUS CODE OR OTHER HARMFUL PROPERTIES. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, THE SOCIAL NETWORKING SITES OR ANY WEBSITE WITH WHICH THEY ARE LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR AFFILIATES, SUBSIDIARIES. SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THE PROVISIONS SET FORTH UNDER THIS “NO WARRANTIES” CAPTION.

EXCLUSION OF LIABILITY.

To the fullest extent permitted by applicable laws we, on behalf of our affiliates, parents, subsidiaries, successors and assigns and ours and their respective employees, agents, suppliers, officers, directors, representatives, contractors and other individuals acting on our or their behalf, EXCLUDE AND DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of the Site, the Social Networking Site or any sites linked thereto. Derstine’s also assumes no responsibility, and shall not be liable for, any damages to, or viruses or malware that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or the Social Networking Sites or your downloading of any materials, data, or Content from the Site or Social Networking Sites. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.

Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms and Conditions may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms and Conditions shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.

INDEMNIFICATION

You hereby release, defend and hold harmless Derstine’s and its affiliates, parents, subsidiaries, successors and assigns and its and their respective employees, agents, suppliers, officers, directors, representatives, contractors and other individuals acting on its or their behalf from and against any and all losses, damages, rights, costs, fees (including reasonable attorney’s fees), judgments, settlements, decrees claims and actions of any kind arising under or out of (i) your access or use of the Site or the Social Networking Sites in violation of these Terms and Conditions; (ii) any User-Submitted Content and/or Personal Identifiers submitted by you or through one or more of your user accounts (including claims based on Derstine’s use of such User-Submitted Content and/or Personal Identifiers); (iii) your use, reproduction, copying, distribution, performance, creation of derivative works, or display of Content; (iv) the use of your user account by any person, including but not limited to, illegal or improper use of the Derstine’s Store Services by you or anyone who gains access to your user account. In consideration for your agreement herein, Derstine’s will provide access to the Site.

YOUR OBLIGATIONS

You are responsible for providing and maintaining all personal computer and communications equipment and Internet access accounts necessary to gain access to this Site and/or the Social Networking Sites. You agree to use the Site and the Social Networking Sites in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through the Site or the Social Networking Sites any computer viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer and/or computer network. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to the Site or the Social Networking Sites is strictly prohibited. Derstine’s reserves all rights and remedies available to it.

Creation of User Account.

When creating a user account for use in connection with the Derstine’s Store Services, you agree to provide Derstine’s with accurate, truthful, complete, and updated information. You further agree not to adopt a user name with the intent to impersonate another person or that violates the rights of another person. Derstine’s may refuse to create or allow the use of a user name or to cancel the same at its sole discretion. You are solely responsible for maintaining the confidentiality of your Log-in Information.

MISCELLANEOUS PROVISIONS

Termination.

Derstine’s may immediately terminate these Terms and Conditions if you or anyone else acting through your account violate one or more provisions herein.

Equitable Relief.

Your obligations under these Terms and Conditions are of a special and unique character for which Derstine’s cannot be reasonably or adequately compensated in damages in the event you breach your obligations hereunder. Therefore, Derstine’s shall, in addition to all other remedies which may be available, be entitled to injunctive and other equitable relief in the event of the breach or threatened breach of your obligations under this Agreement.

Modifications.

We reserve the right to modify, edit, delete, suspend or discontinue, temporarily or permanently the Site (or any portion thereof), the Social Networking Sites (or any portion thereof) and/or the information, materials, products, services and/or Content available thereon with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance.

Entire Understanding.

These Terms and Conditions (together with our Privacy Policy, which is expressly incorporated herein) contain the entire understanding between you and us with respect to use of the Site and the Social Networking Sites and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement. Additional provisions may apply to your use of the Social Networking Sites as per such social networking providers’ terms and conditions and privacy policies.

Severability and Non-Waiver.

Our failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision, and a waiver by us of any right under these Terms and Conditions on any occasion will not in any way constitute a waiver of such right or any other right on any other occasion. In the event any provision of these Terms and Conditions is determined to be invalid, such invalidity will not affect the validity of the remaining portions of these Terms and Conditions, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision.

Law & Jurisdiction.

These Terms and Conditions shall be subject to, governed by and construed under the laws of the Commonwealth of Pennsylvania in the United States of America, without regard to conflict of law principles. You are responsible for compliance with any applicable laws of the country from which you are accessing this Site.

You hereby consent and waive all objections to the exclusive jurisdiction of the federal and state courts in the Commonwealth of Pennsylvania and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of this Site or the Social Networking Sites. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.