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Legal Notice
Please Read These Terms Carefully Before Using This Site
1. Conditions of Use. This web site, its entire contents, all web pages found within this site, and the materials and information on this site are provided by Desk Doodles and may be used for informational purposes only. By using this site, you represent that you have read and understand these terms and conditions and agree to be bound by these terms and conditions. Furthermore, by using this site, you represent that you have the capacity to be bound by these terms and conditions and if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity.
2. Ownership of Materials. Except as otherwise indicated, this site and its entire contents collectively, the Materials, including, but not limited to, the text, information, material, software and graphics contained on this site, are either owned or licensed by Desk Doodles. The Materials are protected by copyright, trademark and other intellectual property laws and treaties. Desk Doodles makes no proprietary claim to any third party names, trademarks or service marks appearing on this site. Any third party names, trademarks, and service marks are the properties of their respective owners. Except as provided in the next sentence, the Materials may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without Desk Doodles prior written permission. You are hereby authorized to view, copy, and print the Materials for your personal, informational, non-commercial, internal use only. Any copy of the Materials or portion thereof must include the copyright notice. You may not (i) modify the Materials or use them for any commercial purpose, or any other public display, performance, sale, or rental, (ii) decompile, reverse engineer, or disassemble software materials, (iii) remove any copyright notice or other proprietary notices from the Materials, or (iv) transfer the Materials to another person. By posting a message or contributing in anyway to this site, including, but not limited to, sending comments and e-mail to this site, you expressly grant Desk Doodles the right to use in any way, copy, republish or sell your message or other contribution as part of its property. Desk Doodles reserves the right to change, update, discontinue, restrict, or prevent access to this site or the Materials at any time without notice.
3. Limited License. Subject to the terms and conditions set forth herein, Desk Doodles grants you a revocable, non-exclusive, non-transferable, limited right to access, use, and display to this site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the site in any way.
4. Copyright Notice. (c) 2007 Desk Doodles, Conveniently Combining work & fun. All rights reserved.
5. Trademarks. Desk Doodles products and or services referenced herein are either trademarks, licensed trademarks or registered trademarks of Desk Doodles. Other company names, products and or services referenced in this site may be trademarks of their respective owners. Nothing contained on the website should be construed as granting, by implication or otherwise, any license or right to use any trademarks displayed on the website. Desk Doodles will aggressively enforce its intellectual property rights to the fullest extent of the law. Only Desk Doodles and its licensees may use the Desk Doodles trademarks in advertising, promotional, and sales materials. You may not use any Desk Doodles trademark unless you have an express written trademark license from Desk Doodles. Trademark names include but not limited to: Desk Doodles, Desk Doodles Conveniently combining work & fun, Status Clock & calendar.
6. Online Privacy. Online Privacy. Desk Doodles uses the information that is collected from the site to, among other things, better serve its customers. For a complete description of our online privacy policy, see our Privacy Policy.
7. Disclaimer. BY USING THIS SITE, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY.
THIS SITE IS PROVIDED AS-IS. DESK DOODLES DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, PRODUCT LIABILITY, AND FREEDOM FROM ERRORS, VIRUSES, AND BUGS INCLUDING THE MILLENNIUM OR YEAR 2000 BUG, OR OTHER HARMFUL COMPONENTS.
Desk Doodles will not be responsible for any errors or omissions in the materials or information provided on this site, any articles or postings for hyperlinks embedded in messages, nor for any loss or damage caused by your reliance on information obtained on this site or in a hyperlink site.
References to third-parties, their products, and or services does not imply endorsement by Desk Doodles thereof.
This site may contain technical inaccuracies or typographical errors. Changes are periodically added to the information herein, these changes will be incorporated in updates of the site. Desk Doodles may make improvements and/or changes in the product(s) and/or the program(s) described in this site at any time without notice.
8. Limitation of Liability. IN NO EVENT SHALL DESK DOODLES BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, OR INABILITY TO USE THE SITE OR ANY HYPERLINK, EVEN IF DESK DOODLES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND ON ANY THEORY OF LIABILITY.
9. Third-Party Sites. This site may be linked to other sites, which are not maintained by Desk Doodles. Desk Doodles is not responsible for the content of those sites. These links are provided for convenience purposes and are not under the control of Desk Doodles or its affiliates. Desk Doodles does not make any representations and warranties, express or implied, regarding the content of any of these linked sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation, with respect to any third party, any third party(s) site, the content of any third party's site, or any products or services provided by a third party, by Desk Doodles of the sites. Desk Doodles disclaims any liability for links: (i) from another site to Desk Doodles, and (ii) to another site from Desk Doodles. In order to link to Desk Doodles, all users must comply with Linking Terms. Once you link to another site, you are subject to the policies of the new site.
10. Linking Terms. By linking to our site, all "Linkers" accept and acknowledge the following terms of linking: Linker agrees that it will not at any time do or cause to be done any act or thing in any way impairing the image/reputation of Desk Doodles. In connection with the use of the Desk Doodles tradename/reference, Linker shall not in any manner represent that it is endorsed by Desk Doodles or that Linker is acting in a representative capacity of Desk Doodles. Except for the uses set forth herein, Linker shall not utilize the Desk Doodles name nor its relationship with Desk Doodles for purposes of or in any manner which intentionally gives rise to advertising or publicity, unless Desk Doodles shall consent to such use in writing prior to publication.
Regardless of the foregoing, Desk Doodles reserves the right to rescind this consent with or without cause at any time. In such event, Linker shall remove its link to the Desk Doodles site within 24 hours of receipt of notice from Desk Doodles.
LINKER EXPRESSLY AGREES THAT USE OF DESK DOODLES MATERIALS AND SITE IS AT LINKER'S SOLE RISK. DESK DOODLES DOES NOT WARRANT THAT ITS SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. DESK DOODLES PROVIDES THIS ACCESS "AS IS" WITHOUT WARRANTY OF ANY KIND. DESK DOODLES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGMENT, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL DESK DOODLES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM USE OF ANY OF THE MATERIALS PROVIDED HEREUNDER OR ACCESS TO ANY OF THE SERVICES DESCRIBED HEREIN.
11. Non-Confidential Information. All communications, including suggestions, questions, ideas, and/or comments concerning any and all products and services listed in this website shall not be considered confidential or proprietary information. Such information may be disseminated or used by Desk Doodles for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to Desk Doodles will be handled in accordance with Desk Doodles Online Privacy Practices.
12. Revisions. Desk Doodles may at any time revise these Terms of Use by updating this posting. By using this site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.
13. Jurisdiction. This site is managed by Desk Doodles from its office within California, United States of America. These terms shall be governed by and construed in accordance with the laws of the state of California, without giving effect to any principles of conflicts of laws. Your use of this site represents your irrevocable consent to the exclusive jurisdiction of California.
Copyright/Trademark Information:
The following are some of the trademarks and service marks used by Desk Doodles:
Desk Doodles, Conveniently combining work & fun
Desk Doodles
Other trademarks and service marks are the property of their respective owners. Reference to a company, product, service or publication does not imply an approval or recommendation of that company, product, service or publication by Desk Doodles.
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TERMS AND CONDITIONS OF SALE
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR (THE "CUSTOMER'S") RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
The following terms and conditions shall apply to all orders by Customer through this web site for the purchase of office supplies, paper products, desk accessories, and related products ("Supplies") from Desk Doodles. By accepting delivery of the Supplies, Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions shall apply unless Customer and Desk Doodles have signed a separate Agreement covering the purchase of the Supplies in which case the separate agreement shall govern.
14. PURCHASE. Upon Desk Doodles acceptance of a Customer's order, a firm contract for the purchase and sale of the Supplies will be formed between Desk Doodles and Customer, and shall incorporate all the terms set forth herein. These terms and conditions shall not be altered or amended by the use of any document(s). Any attempt to alter this document or to enter an order for Supplies which are subject to additional and/or altered terms and conditions will become null and void, unless otherwise agreed to in a written agreement signed by both parties.
15. DELIVERY/ PROCESSING. Except for, special orders, and same-day deliveries, Desk Doodles will process all orders to Customers within three (3) business days from the date the order is placed. All orders received after 5 p.m. local time of the ship-to location shall be considered received by Desk Doodles on the next business day.
16. WARRANTY. Desk Doodles warrants that Desk Doodles is the legal and rightful owner of the Supplies or that it is legally licensed and/or authorized to sell and/or distribute Supplies being purchased hereunder. All Supplies delivered hereunder will be free and clear of any and all encumbrances of any kind.
Customers acknowledge that Desk Doodles may not be the manufacturer of all of the Supplies purchased hereunder. Other than the warranties set forth above, any warranty with respect to the Supplies must come from the manufacturer. Desk Doodles will pass through to Customers any applicable warranties of the manufacturer to the extent permissible. Notwithstanding anything to the contrary, Desk Doodles liability is limited to the replacement value of the Supplies.
THIS WARRANTY SUPERSEDES ALL INCONSISTENT PROVISIONS OF ANY AND ALL PURCHASE ORDERS, INVOICES, ACKNOWLEDGMENTS, OR OTHER WRITINGS OR STATEMENTS, WRITTEN OR OTHERWISE. DESK DOODLES DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES AND PRODUCT LIABILITY, SPECIFICALLY INCLUDING THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
17. LIMITATION OF LIABILITY. Notwithstanding anything to the contrary, in no event will Desk Doodles be liable for any indirect, special, incidental, or consequential damages, whether based on contract, tort, or any other legal theory, including without limitation loss of data or its use, loss of profits, loss of business, or other economic damages, even if advised of the possibility of such loss or damage.
18. RETURNS. Except for special orders and non-catalog items, Desk Doodles shall accept returns of Supplies if in resalable condition and if made within 15 days of original shipment. For returns of special orders and non-catalog items, Desk Doodles shall accept returns on a case-by-case basis.
19. TAXES. Customer shall be responsible for any state or local tax, excluding taxes based on Desk Doodles income or profits that results from the transfer of title or sale or delivery of the Supplies purchased hereunder unless a valid and correct tax exemption certificate is furnished to Desk Doodles prior to delivery.
20. PAYMENT. Payment is due and payable net 20 days from the date of invoice. Late payments shall be assessed a late payment charge at the rate of 1˝% per month, but in no event to exceed the maximum allowable by law.
21. CREDIT LIMITS. Credit limits and terms shall be subject at all times to Desk Doodles credit policies, as amended from time to time.
22. RESERVATION OF RIGHTS. Desk Doodles reserves the right to change at any time without notice these terms and conditions of sale.
23. MUTUALITY. All debts and obligations of Desk Doodles and Customer to each other are mutual and subject to setoff; for purposes of this sentence, Desk Doodles and Customer shall be deemed to include each of the parties respective subsidiaries and affiliates which directly or indirectly control or are controlled by such party through 100% equity ownership.
24. NOT FOR RESALE. Customer agrees and represents that it is buying for its own internal use only, and not for resale.
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