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Terms of Use

General

Please carefully read the following Terms of Use before using the mistura.com website (the "site"). By accessing this site, you agree to be bound by these Terms of Use. These Terms of Use may be updated from time to time. When we make changes, we will post them here. Accordingly, you should check the date of the Terms of Use (which appear at the end of this document) and review any changes since the last version. If at any time you do not agree to these Terms of Use, please do not use this site.

This Web site is operated by D3F CO LLC. Throughout the site and these Terms of Use, the terms "we", "us" and "our" refer to D3F CO LLC. D3F CO LLC offers this site, including all information, content, materials, tools, products and services available from this site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, statements and notices stated here. Your continued use of this site constitutes your agreement to these Terms of Use.

Privacy

We respect your privacy. Our Privacy Policy, located at http://www.mistura.com/pages/privacy-policy, is incorporated into and forms a part of these Terms of Use and is part of our agreement with you. Please read our Privacy Policy carefully as it describes, among other things, how we collect, use, share, transmit, transfer and secure information obtained when you access and use our site.

Transactions

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Site Usage

You are prohibited from violating or attempting to violate the security measures on the Site, including, without limitation:

  1. Attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;
  2. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
  3. Sending unsolicited e-mail, including promotions and/or advertising of products or services;
  4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
  5. Hijacking all or any part of the site content, deleting or changing any site content, deploying pop-up messages or advertising, running or displaying this site or any site content in frames or through similar means on another site, or linking to the site or any page within the site, without our specific written permission.

You agree to use the site only for lawful purposes and only for your own personal, non-commercial use. You may not use the site to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive or hateful.

Site materials

All content on this site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by D3F CO LLC, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the site, or use of the site for purposes competitive to D3F CO LLC, is expressly prohibited. D3F CO LLC reserves the right to refuse or cancel any person’s registration for this site, remove any person from this site or prohibit any person from using this site for any reason whatsoever. D3F CO LLC, or its licensors or content providers, retain full and complete title to the material provided on the site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in D3F CO LLC's sole discretion. D3F CO LLC neither warrants nor represents that your use of materials on this site will not infringe rights of third parties not affiliated with D3F CO LLC.

D3F CO LLC reserves the right, in its sole discretion, to limit or terminate your access to or use of the site at any time without notice. You are personally liable for any orders that you place or charges or other liabilities that you incur prior to termination and are fully responsible for all of our costs for collection of any such charges or other liabilities. Termination of your access or use will not waive or affect any other right or relief to which D3F CO LLC may be entitled, at law or in equity. D3F CO LLC reserves all rights not expressly granted in and to the site and its content.

User feedback & comments

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to D3F CO LLC on or by this site or otherwise disclosed, submitted or offered in connection with your use of this site (collectively, "Comments") shall be and remain D3F CO LLC's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to D3F CO LLC of all worldwide right, title and interest in all copyrights and other intellectual properties in the Comments. D3F CO LLC is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that none of the Comments submitted by you to the site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that none of the Comments submitted by you to the site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

Contact

If you have any questions or suggestions regarding our Privacy Policy, please contact us at:

Phone: 866-807-7273
Emailcustomerservice@mistura.com

Or write us at:

Mistura Timepieces
13350 Dallas Parkway
Suite #1905
Dallas, TX 75240
USA

Indemnification

You agree to defend, indemnify and hold D3F CO LLC harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the site.

Disclaimer

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. D3F CO LLC EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT CONTENT AND MATERIALS ON THE SITE ARE NON-INFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY CONTENT OR MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT AND MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM D3F CO LLC OR THROUGH THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. D3F CO LLC DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT AND MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT: (i) YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE(ii) ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES; (iii) YOUR USE OF THE SITE IS AT YOUR OWN RISK; AND (iv) THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE INDEMNIFIED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK OR CONDUIT FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, D3F CO LLC’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE INDEMNIFIED PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE INDEMNIFIED PARTIES IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND D3F CO LLC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Jurisdiction

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Texas, without giving effect to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by an appropriate federal or state court sitting in the State of Texas.

This document was last updated on September 08, 2014