October 1, 2021
BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCESS OR OTHERWISE USE THE WEBSITE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT, AND THAT IF YOU ARE PROVIDING ANY PERSONALLY IDENTIFIABLE INFORMATION, AT ANY TIME WHILE USING THE WEBSITE, YOU ARE 13 YEARS OF AGE OR OLDER. IF YOU ARE UNDER THE AGE OF 13, YOU ARE NOT PERMITTED TO PROVIDE ANY PERSONALLY IDENTIFIABLE INFORMATION THROUGH THE WEBSITE.
Subject to the terms and conditions of this Agreement, DAK’s Market hereby grants to Authorized User, during the Subscription Term (as defined below), a limited, personal, non-commercial, non-exclusive, non-transferrable, non-assignable, and revocable license to access Website. This license does not include: (1) any resale or commercial use of the Website, or its contents; (2) any collection and use of any product listings, descriptions, or prices; (3) any derivative use of the Website, or its contents; (4) any downloading, copying, or other use of account information, for the benefit of any third party; or (5) any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Agreement are reserved and retained by DAK’s Market or its licensors, suppliers, publishers, rightsholders, or other content providers. No part of the Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited, for any commercial purpose without express written consent of DAK’s Market . You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of DAK’s Market without express written consent. You may not use any meta tags or any other “hidden text” utilizing DAK’s Market name or trademarks without the express written consent of DAK’s Market. You may not misuse the Website. You may use the Website only as permitted by law.
B. TERM; TERMINATION.
(1) Term: This Agreement commences on the date Authorized User accepts, accesses, or otherwise uses the Website, and shall remain in effect while Authorized User continues to access the Webiste, or DAK’s Market terminates this Agreement (whichever is earlier) (the “Subscription Term”).
(2) Termination: DAK’s Market may terminate, change, suspend, or discontinue any aspect of the Website at any time, with or without notice. Without limiting the foregoing, DAK’s Market may, without notice or liability, restrict, suspend, or terminate Authorized User’s access or use of the Website if DAK’s Market believes Authorized User is in breach of this Agreement, is in violation of applicable law, or for any other reason. Upon termination of this Agreement, for any reason, Authorized User must cease all use of the Website. Termination of this Agreement shall not be construed as limiting any of DAK’s Market rights or remedies at law or equity.
C. PROPRIETARY RIGHTS.
Authorized User acknowledges and agrees that DAK’s Market, and/or its licensors, suppliers, publishers, rightsholders, or other content providers own and retain all right, title, and interest in and to the Website, and any intellectual property contained therein, including without limitation, any and all technology, content, code, user interfaces, trademarks, and other items posted on the Website, or used in connection or associated with the Website. Except as expressly granted in this Agreement, Authorized User has no license or other intellectual property right in the Website, or any content thereon, and this Agreement shall not be construed as granting any implied license or other intellectual property right in the Website. Specifically, Authorized User shall not: (1) modify, port, translate, localize, or create derivative works of the Website, or the intellectual property contained therein; (2) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the Website, or intellectual property contained therein, by any means whatsoever, or disclose any of the foregoing; or (3) sell, lease, license, sublicense, copy, market, distribute, or offer as a service the Website, or the intellectual property contained therein. Authorized User shall not remove, obscure, or alter any copyright or trademark notices, or any trademarks contained on the Website.
E. RULES OF CONDUCT
While using or accessing the Website, in addition to any other supplementary terms and conditions that may be posted or otherwise made available in connection with particular components, areas, or features on the Website, Authorized User agrees not to: (1) impersonate any person or entity, or misrepresent Authorized User’s affiliation with any other person or entity; (2) use, resell, redistribute, republish, or exploit, in whole or in part, any portion of the Website (including its content) for any commercial or promotional purposes; (3) or contact any other user of the Website for commercial or promotional purposes; (4) alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or repurpose any component of the Website, or its contents, including, without limitation, any trademarks, trade names, logos, service marks, promotional taglines, or any other proprietary content or proprietary rights notices; (5) obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Website through any means; (6) engage in spidering, screen scraping, database scraping, harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, or obtaining lists of users or other information, from or through the Website, including, without limitation, any information residing on any server or database connected to the Website; (7) use the Website, or any of its respective features and services, in any manner that could interrupt, damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website; (8) circumvent, reverse engineer, decrypt, or otherwise alter or interfere (or attempt, encourage or support anyone else’s attempt to do any of the foregoing) with the Website; (9) frame any part of the Website in any third-party sites or content, or any third-party sites or content in the Website, in any manner that would constitute or could be interpreted as an endorsement or sponsorship by DAK’s Market, or its service providers, of any third party site, content, information or other materials, or in any manner that would violate the terms and conditions of any such third party sites; (10) upload, post, transmit, distribute, or otherwise publish to on or through the Website, any information, content, or materials which are false, fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically, or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, including without limitation, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (11) use the Website to, or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right; (12) upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind; and/or (13) or use the Website, in whole or in part, in violation of any applicable law, or this Agreement.
F. THIRD PARTY WEBSITES AND PRODUCTS
(2) Linking to the Website You agree that, without the prior express permission of DAK’s Market: (a) you are not permitted to link directly to any image hosted on the Website; and (b) you may not link from any other web site to the Website in any manner such that the Website, or any page of the Website, is “framed,” surrounded, or obfuscated by any third party content, materials, or branding.
Authorized User agrees to defend, indemnify, and hold harmless DAK’s Market (and its directors, officers, employees, agents, service providers, publishers, rightsholders, and licensors) from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, related to or arising from: (1) Authorized User’s use of the Website; or (2) Authorized User’s violation of law or this Agreement. DAK’s Market reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Authorized User, and in such case, Authorized User agrees to cooperate with any such defense.
H. DISCLAIMER OF WARRANTIES
TO THE EXTENT PERMITTED BY LAW, THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS, DOWNLOADS, AND MATERIALS CONTAINED THEREIN, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND DAK’s MAKET HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED.
TO THE EXTENT PERMITTED BY LAW, DAK’s MARKET DOES NOT WARRANT THAT THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS, DOWNLOADS, AND MATERIALS CONTAINED THEREIN, WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED IN A TIMELY MANNER, OR AT ALL.
TO THE EXTENT PERMITTED BY LAW, DAK’s MARKET MAKES NO WARRANTY THAT THE WEBSITE, IN WHOLE OR IN PART, WILL MEET AUTHORIZED USER’S REQUIREMENTS. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY AUTHORIZED USER FROM DAK’s MARKET, SHALL CREATE ANY WARRANTY, WHETHER EXPRESS OR IMPLIED.
DAK’s MARKET ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, AUTHORIZED USER’S COMPUTER, MOBILE EQUIPMENT, OR ANY OTHER PROPERTY ON ACCOUNT OF AUTHORIZED USER’S ACCESS OF, USE OF, OR BROWSING IN THE WEBSITE, OR THE AUTHORIZED USER’S DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE.
IF AUTHORIZED USER IS DISSATISFIED WITH THE WEBSITE AUTHORIZED USER SHOULD DISCONTINUE USE. DAK’s MARKET EXPRESSLY DISCLAIMS, TO THE EXTENT PERMITTED BY LAW, ANY AND ALL LIABILITY IN CONNECTION WITH SUBMITTED MATERIALS AND ANY OTHER CONTENT, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE, CREATED OR PROVIDED BY AUTHORIZED USERS, OR OTHER THIRD PARTIES.
I. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DAK’s Market, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM, OR RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, MATERIALS, AND FUNCTIONS RELATED THERETO, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES WITHOUT LIMITATION (1) TO CLAIMS ARISING FROM THE WEBSITE OR ANY FAILURE OR DELAY IN CONNECTION THEREWITH; (2) TO CLAIMS FOR LOST PROFITS OR LOST OPPORTUNITIES; (3) REGARDLESS OF FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE; AND (4) REGARDLESS OF WHETHER SUCH DAMAGES ARE FORESEEABLE OR WHETHER THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
J. USE OF WEBSITE OUTSIDE OF UNITED STATES
DAK’s MARKET does not represent that the Website, or any contents contained therein, are appropriate or available for use in any location outside of the United States. Authorized Users who choose to access the Website from locations outside of the United States do so on their own initiative and are responsible for compliance with local laws.
K. CHANGES TO THIS AGREEMENT
DAK’s MARKET has the right to change or modify this Agreement, or to impose new conditions on Authorized User’s use of the Website, at any time. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting with the Website, by electronic mail, messaging, or by any other means from which Authorized User may obtain notice. Any use of the Website after such notice shall be deemed to constitute Authorized User’s acceptance of such changes, modifications, additions, or deletions.
This Agreement and the relationship between Authorized User and DAK’s MARKET shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions. Authorized User agrees that any cause of action that may arise under this Agreement shall be commenced and be heard in the state district courts of Harris County, Texas, and Authorized User agrees to submit to the personal and exclusive jurisdiction of the district courts of Harris County. DAK’s MARKET failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.