Terms and Privacy


Terms

1          Overview

2          Outside Content

3          Illegal/Prohibited Use

4          Indemnification

5         Warranty

6          No Warranties

7          Governing Law

8          Arbitration

9          Severability; Waiver

10          U.S.A. Based Site

11          Attorney Fees

12          Modifications

13          Acknowledgement

 

1. Overview

This website is operated and maintained by American Diverse Business, LLC (“the Company”). The Company provides this website to you, subject to the terms and conditions stated in this Terms of Use. The Company may change these Terms of Use from time to time, without notice, so you should review it periodically. By using the Company’s website for purchasing & learning about our product and it’s development, you agree to be bound by these Terms of Use and any changes to it. You may download the content of the website only for your personal and noncommercial use. You agree not to make any other copies or modify the content or material except for the 3 Bone Names pages. Specifically, the Fork, Spoon & Knife diagram pages with the bone names, can be downloaded and modified for personal or commercial use as long as BoneWare is given credit as the source. However, modifications CANNOT be made in an appropriate manner such as with explicit sexual or deviant content.

 

2. Outside Content

Clicking on certain links contained on the website may take you to other websites. These websites are not maintained by the Company, and therefore the Company disclaims any liability for the content of them.

 

3. Illegal/Prohibited Use

You agree that any content you provide to the website is your own content and does not violate any copyrights, trademarks, trade secrets, trade names, patents, or other intellectual property rights. The Company reviews all content and reserves the right to upload material in its sole discretion. You agree not transmit intentionally any computer viruses, worms, trojan horses, or other malicious code to the website. You agree not to hack into or intentionally upload any malicious computer code to the Company’s website, or intentionally transmit such things to other users. You are prohibited from violating or attempting to violate any security features of the site or service. The Company reserves the right to terminate anyone's use of the website and/or service at its sole discretion.

 

4. Indemnification

You agree to indemnify and hold harmless the Company, its employees, officers, and agents from any and all damages, costs, expenses, liabilities, and fees incurred by any or all of them in connection with any material or content you upload or transmit to, over, or through the website, its chat rooms, message boards, email facilities, or any other use of the website by you, or your violation of any law or the rights of others.

 

5. Warranties

The Company adheres to strict GMPs (Good Manufacturing Practices) and uses only FDA approved plastics and other materials to produce it’s products. The plastic is durable and will bend substantially rather than snapping. Bending does cause permanent stress marks in the plastic and weakens it. This is NOT A MATERIAL OR MANUFACTURING DEFECT, rather it is an inherent characteristic of the plastic. Once bent, the product should be disposed of or recycled. It will melt as with other plastics when subjected to heat.

 

During manufacturing minor specs embedded in the plastic may occur from time to time. Totally avoiding such specs is not possible as the plastic is manufactured in bulk and purchased from various U.S. vendors. If within 30 days of original purchase, a customer finds a spec defect to be excessive, photos should be mailed to [email protected] for evaluation. If the defect is deemed by the manufacturer to be excessive, the product can be returned to the manufacturer for a free replacement. (Must show proof of purchase within 30 days)

 

Products are produced in an aseptic environment, but as with any product, “wash before use” is recommended.

 

6. No Warranties

THE WEBSITE, PRODUCTS AND SERVICES ARE PROVIDED TO YOU “AS IS,” “AS AVAILABLE,” AND “WHEN AVAILABLE.” THE COMPANY, ITS AGENTS, AND ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, (Except for 5 above) WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE OR DATA, OR OTHER SIMILAR LOSSES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.

 

7. Governing Law

This Terms of Use agreement shall be governed exclusively by the laws of the state of Florida (excluding its choice of laws provisions). All disputes arising from use of this website will be subject to arbitration as detailed below in the section titled “Arbitration.” In the event a court is needed for the Company, the venue shall reside exclusively in Escambia County, Florida. All disputes arising from use of this website will be subject to arbitration. Any waiver of any term of this agreement does not constitute a waiver of any other term or a continuing waiver of it. The Company reserves all of its rights stated in this agreement.

 

8. Arbitration

I, as a customer of the Company hereby submit to arbitration administered by The American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, in Tampa, Florida, any claim, controversy, or disagreement regarding the use of this website, orders, processing, fulfillment, products or their use, or any other issues arising out of this agreement. We further agree that the above controversy may be submitted to one arbitrator selected from the panels of arbitrators of The AAA. We further agree that we will faithfully observe this agreement and the Rules and that we will abide by and perform any award rendered by the arbitrator(s) and that judgment of the court having jurisdiction may be entered upon the award. We agree that the award may be reviewable by the courts of Pensacola, Florida jurisdiction if the arbitrator, in the opinion of any party hereto, has failed to observe the rules and laws of the State of Florida and perform any reward rendered by the arbitrator(s) and that a judgment of the court having jurisdiction may be entered upon the award. Notwithstanding this agreement to arbitrate, if either party needs to obtain any form of equitable relief such as an injunction to protect any of its intellectual property or enforce trade secrets, such party may file in court at Pensacola, Florida, to do so.

 

9. Severability; Waiver

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

 

10. U.S.A. Based Site

The Site is controlled and operated by the Company from its offices in the State of Florida. Your use of or access to the site should not be construed as the Company purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction.

 

11. Attorney Fees

In the event of any action, mediation, litigation, arbitration, suit or proceeding arising from or under the terms, provisions or conditions of this agreement, the Company shall be entitled to recover reasonable attorneys’ fees and costs of suit or other proceeding.

 

12. Modifications

The Company may, in its sole discretion and without prior notice, (a) revise these Terms and Conditions of Use; (b) revise the Policies; (c) modify the site, products offered and/or the services offered; and (d) discontinue the site, products offered and/or services offered at any time. From time to time and at the sole discretion of the Company, changes may be made to the Policies and Terms & Conditions. It is your responsibility to review these Policies and Terms & Conditions periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the site and cease all use of the service and the site.

 

13. Acknowledgement

BY ACCESSING THE SITE AND / OR PURCHASING THE PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.



Privacy

1          What Do We Do With Your Information?

2          Consent

3          Disclosure

4          DigiPro Media, Inc.

5          Third-Party Services

6          Security

7          Age of Consent

8          Changes to this Privacy Policy

9          Questions and Contact Information

 

1. What Do We Do With Your Information?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

 

2. Consent

How do you get my consent?

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at [email protected]

 

3. Disclosure

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

 

4. DigiPro Media, Inc.

Our store is hosted on DigiPro Media, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through DigiPro Media, Inc.’s data storage, databases and the general DigiPro Media, Inc. application. They store your data on a secure server behind a firewall.

Payment:

If you choose a direct payment gateway to complete your purchase, then DigiPro Media, Inc. stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For more insight, you may also want to read DigiPro Media, Inc.’s Terms of Service here or Privacy Statement here.

 

5. Third-Party Services

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Links

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

 

6. Security

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

Cookies

Here is a list of cookies that we use. We’ve listed them here so you can choose if you want to opt-out of cookies or not.

_session_id, unique token, sessional, Allows DigiPro Media, Inc. to store information about your session (referrer, landing page, etc).

_DigiPro Media, Inc._visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits

_DigiPro Media, Inc._uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.

cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.

_secure_session_id, unique token, sessional

Storefront digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.

 

7. Age of Consent

By using this site, you represent that you are at least the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

 

8. Changes to this Privacy Policy

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

 

9. Questions and Contact Information

If you would like to: correct, amend or delete any personal information we have about you, or register a complaint, contact:  [email protected] and put Privacy Compliance in the RE: heading of the email.

 

Refund Policy

An un-opened, undamaged bag of product must be received within 30 days with proof of purchase inside, for full refund. less shipping.  Prior to return contact: [email protected] and put in the Refund in the RE: heading of the email.