DUXIANA WEBSITE

Terms of Use

Your use of the website of DUX North America, Inc. (herein called “DUX”) is subject to the following terms and conditions.  When you access, browse or use this website, you accept without limitation these terms and conditions.

 

Privacy

Please review our Privacy Policy, which is incorporated by reference herein, to understand our practices concerning the privacy of the information we receive from you.

 

Ownership of Intellectual Property

All content included on this website, such as text, photographs, graphics, logos, scripts, trade names and service names, including DUX® and DUXIANA®, button icons, images, and audio clips, digital downloads, data compilations and software, is the property of DUX, its affiliates, its licensors or other content suppliers and to the extent applicable is protected by United States and international copyright, trademark and patent laws and other laws protecting intellectual property rights.  All trademarks not owned by DUX or its affiliates that appear on this website are the property of their respective owners. 

 

Website Access and Use

DUX grants you a limited license to access and use this website only for its intended purpose, which is to enable you to obtain information concerning our products and related services.  Under no circumstances are you to download or reproduce any portion of this website for any purpose, except as provided in the next paragraph.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including photographs, images, text, page layout or form) of DUX, its affiliates, licensors and other content suppliers without DUX’s prior written consent, which may be withheld in DUX’s sole and absolute discretion. You may not use any meta tags or any other "hidden text" utilizing DUX’s name or trademarks without the prior written consent of DUX, which may be withheld in DUX’s sole and absolute discretion.  Any unauthorized use of this website or its contents automatically terminates the license granted by DUX to access and use the website.  Further, you are hereby advised that any such unauthorized use of this website or its contents may violate applicable laws and governmental regulations governing the protection and use of intellectual property and that DUX and its affiliates reserve the rights to institute legal action against person violating these Terms of Use.

Notwithstanding the foregoing, you may use information such as articles, newsletters and similar materials purposely made available by DUX for downloading from the Website, provided that (1) you do not remove any proprietary notice language from such materials; (2) you use such information only for your personal non-commercial informational purposes; and (3) you do not copy or post such information on any networked computer or broadcast or transmit it in any media.

                                                                                                         

Information Provided By You

You may be asked to register a user name and password in order to access parts of the DUX website.  You represent and warrant to DUX that all information that you provide in connection with or in support of your registration for use of this website will be accurate and complete and will be kept up to date.  Information provided by you to DUX will be subject to our Privacy Policy, which you can read on this website.  DUX will be entitled to grant access to the website to anyone using your user name and password, unless you have previously notified DUX in writing of any unauthorized use of your account. 

 

Medical Warning 

THIS WEBSITE AND ITS CONTENTS ARE INTENDED ONLY TO PROVIDE YOU WITH SUGGESTIONS FOR THE COMFORTABLE AND HEALTHFUL USE OF DUX PRODUCTS, WHICH WE RECOMMEND YOU CONFIRM IN CONSULTATION WITH YOUR PHYSICIAN.  Under no circumstances are this website and its contents to be considered medical advice, a recommended form of treatment or therapy for any medical, mental or emotional condition, a diagnostic tool or device for treating any disease, disorder or other condition, a preventative measure, cure, mitigation or treatment for any disease or disorder or as affecting the structure or well being of any part of the body. 

 

Disclaimer and Limitation of Liability

This website and the photographs, images, text and other content on this website are “as is” and DUX  makes no warranty or representation that any content, service or feature will be error-free or that any defects will be corrected or that your use of the Website or its content will provide specific results.  DUX hereby DISCLAIMS ALL WARRANTIES CONCERNING OR RELATING TO THIS WEBSITE AND THE PHOTOGRAPHS, IMAGES, TEXT AND OTHER CONTENT ON THIS WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  IN NO EVENT  SHALL DUX BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE including, but not limited to, loss of profits of revenue, loss of use, loss of data or any other damages arising out of, connected with or related to (1) the use or inability to use this website, (2) the use of  photographs, images, text or other content on this website, (3) unauthorized access to or alteration of your transmissions of data from this website, (4) statements or the conduct of any third party on this website or (5) any other matter relating to the website.

 

Indemnification

You agree to indemnify, defend, and hold harmless DUX and its affiliates and their directors,  officers, employees, content providers, licensors (collectively, "Indemnified Parties”) from and against any and all losses, damages, liabilities and costs (including, without limitation, attorneys' fees and disbursements), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use.  You will cooperate at your expense as fully as reasonably required in DUX’s defense of any such claim. DUX reserves the right, at its own expense, to assume the exclusive defense and control of any claim subject to indemnification by you and you shall not in any event settle any such claim without the written consent of DUX.

 

Applicable Law

These Terms of Use are governed by the laws of the State of New York, U.S.A. without regard to that state’s conflict of laws rules.  Each user of this website and DUX for itself and its successors and assigns (a) hereby consents to and irrevocably submits to the exclusive jurisdiction of the United States District Court for the Southern District of New York or a New York State Court of general jurisdiction located in the Borough of Manhattan, City of New York for the purposes of any suit, action or other proceeding arising out of or relating to this website, the subject matter thereof or any use thereof, (b) hereby waives and agrees not to assert, by way of motion, as a defense or otherwise, in any such suit, action or proceeding any claim that it is not personally subject to the jurisdiction of the above-named courts, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper or that these terms and conditions cannot be enforced in or by such court, and (c) HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY SUCH SUIT, ACTION OR OTHER PROCEEDING. 

 

Website Policies, Modification, and Severability

We reserve the right to make changes to our website, policies, and these Terms of Use at any time. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.

 

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