Terms and Conditions
PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS / PRIVACY POLICY RELATING TO YOUR USE OF THIS WEBSITE PROVIDED HEREUNDER.
The Dakota Style website (www.DakotaStyle.com) and any of its sub-domains shall hereafter be referred to collectively as the “website” and are owned or controlled by Dakota Style Foods, Inc., One Chip Road, Clark, SD 57225 together with its parents, subsidiaries, and/or affiliates (collectively “Dakota Style”, “us” or “we”).
By i) using or visiting this website; ii) purchasing any products from Dakota Style; or iii) utilizing any of the products or services from Dakota Style through this website, you are deemed to have agreed to these Terms and Conditions and the other policies incorporated herein by reference (“Terms and Conditions” or “Agreement”). We reserve the right to modify the Terms and Conditions at any time. You should check these Terms and Conditions periodically for changes. By using this website after we post any changes to these Terms and Conditions, you agree to accept such changes, whether or not you have reviewed them. If at any time you choose not to accept the Terms and Conditions, do not use this website.
Any attempt to alter, supplement, modify or amend these Terms and Conditions by any user, visitor, customer or other third party will be considered a material breach of these Terms and Conditions and shall be null and void.
I. GENERAL TERMS AND CONDITIONS
Scope of Terms and Conditions: These Terms and Conditions apply to your use of the website, as well as any services utilized from the website. These Terms and Conditions do not apply to your use of unaffiliated websites to which the website only links.
Restrictions on Use: The contents of this website are protected by copyright and trademark laws, are the property of their owners. Unless we say otherwise, you may access the materials located within the website for your personal use. This means you may download one copy of posted materials on a single computer for personal, noncommercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material you do not obtain any ownership rights in that material.
You may not modify, copy, publish, display, transmit, adapt or in any way exploit the contents of the website. Only if you obtain prior written consent from us and from all other entities with an interest in the relevant intellectual property may you publish, display, or commercially exploit any material from the website.
You must abide by all additional copyright notices or other restrictions contained anywhere in the website.
You agree not to do any of the following while using the website:
- Harass, stalk or otherwise abuse another user;
- Transmit or otherwise make available any content that is false, harmful, threatening, tortuous, defamatory, libelous, disparaging (including, but not limited to disparaging of the website or its owner), vulgar, obscene, pornographic, or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as we may determine in our sole discretion);
- Transmit or otherwise make available any content that is unlawful or infringes, violates, or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright, or any other intellectual property or any other rights of Dakota Style or any third party;
- Upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with Dakota Style or any third party’s uninterrupted use and enjoyment of website;
- Impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the website or to us, including forging any TCP/IP packet header or any part of the header information in any content transmitted through the website or to us, including forging any TCP/IP header or any part of the header information in any transmission to the website for any reason;
- Transmit or otherwise make available through the website any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes which in all cases are consistent with this agreement;
- Pretend to be Dakota Style or someone else, or spoof Dakota Style or someone else’s identity;
- Forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted through the website;
- Misrepresent your affiliation with a person or entity;
- Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users, ability to use the website;
- Engage in activities that would violate any fiduciary relationship, any applicable local, state, national for international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or
- Collect or store personal data about other users unless specifically authorized by such users and in conformity with these Terms and Conditions; or
- Violate any applicable local, state, federal or internal law, rule or regulation.
Links: These Terms and Conditions apply only to this website, and not to the sites of any other companies or organizations, including those to which this website may link. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other website. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. All hyperlinks to other websites from the website are provided as resources to customers looking for additional information and/or professional opinion. Dakota Style does not assume responsibility for the claims and/or representations made on these or any other websites. You should direct any concerns to that website’s administrator or webmaster. Your linking to any other websites is at your own risk.
Other websites may link to this website only through a plain-text link or provided graphics link. Permission must be granted by us for any other type of link to the website. To seek our permission, you may send an email to dakstyle@itctel.com. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link this website, at our discretion at any time.
Disclaimer of Warranties and Limitation of Liability
THE SERVICES AND MATERIALS ON OR FROM THIS WEBSITE ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES TO THE MAXIMUM EXTENT OF THE LAW, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.
BY ACCESSING THIS WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF SOUTH DAKOTA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY SERVICES OFFERED ON THE WEBSITE. WE ARE NOT A PARTY TO, AND DO NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE WEBSITE, OR ANY OF THE SERVICES PROVIDED PURSUANT TO THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITE OR BUYING THE SERVICE FROM US.
No Personal Advice: The information contained in or made available through this website (including but not limited to information contained on message boards, in text files, in products, from services, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, psychological, financial, medical, or legal matters. Nothing in this website is intended or should be construed as medical, legal or business advice. Such advice should only be obtained from professionals hired by you for that purpose.
TRADEMARKS
“Dakota Style” and other Dakota Style logos, page headers, button icons, scripts, trade names and service names are trademarks, registered trademarks or trade dress of Dakota Style or its affiliates in the U.S. and/or other countries. Dakota Style’ trademarks and trade dress may not be used in connection with any product or service that is not Dakota Style’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Dakota Style. All other trademarks not owned by Dakota Style or its affiliates that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Dakota Style or its affiliates.
II. USER PUBLIC FORUM SUBMISSION/PARTICIPATION POLICY AND TERMS
a) General
As a service to our users, this website may feature message boards, blogs, ratings, comments and other public/semi-public/private forums (collectively, “Forums”) where users with similar interests or similar experiences can share information and support one another or where users can post questions for others to answer. We may also offer online discussions moderated by various experts or other persons.
Much of the content of the Forums, including without limitation the descriptions for many Forums and the content within a specific message, comment or posting, is provided by and is the responsibility of the third party creator of the Forum or the person posting in that Forum. Dakota Style has no responsibility for such content and is merely providing access to such content as a service to you.
BY THEIR VERY NATURE, FORUMS MAY CARRY OFFENSIVE, HARMFUL, INACCURATE OR OTHERWISE INAPPROPRIATE MATERIAL, OR IN SOME CASES, POSTINGS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE AND EXERCISE PROPER JUDGMENT WHEN USING DISCUSSION FORUMS.
b) Your Participation/Contribution in Forums Requires Careful Consideration
Any information shared (including personally identifiable information or other personal information) that you reveal in a Forum is by design open to the public (or to a private group within a special Forum) and is not a private, secure service. You should think carefully before disclosing any information in any Forum. What you have written may be seen, disclosed to, or collected by third parties and may potentially be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes. By submitting communications or content to Forums, you agree that such submission is non-confidential for all purposes.
c) Confidentiality Obligations
You agree that you will not upload or transmit any communications or content of any type to a Forum that infringe or violate any rights of any party. Further, you may have entered into an agreement with Dakota Style that requires you to maintain the confidentiality of certain material or information of Dakota Style. It is your obligation to confirm that any post to a Forum you make does not breach any confidentiality obligation you have. Unless a Forum specifically notes that all members of the Forum who are able to view posts are bound by confidentiality obligations, and further notes what types of information may be discussed, you may not post information which Dakota Style has required you to preserve as confidential.
d) Grant of Rights
To the extent you are the original copyright holder of any post or submission by you to a Forum and such post or submission does not contain any of the information or material of Dakota Style or other information you are required to preserve as confidential by Dakota Style, then; i) you remain the owner of such post or submission to the extent you were the owner; ii) you automatically grant on behalf of yourself or otherwise warrant that the owner of such content or intellectual property has expressly granted Dakota Style, a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and/or otherwise exploit, the post, submission, communication or content in any media or medium, or any form, format, or forum now known or hereafter developed; and iii) you agree and warrant that Dakota Style may sublicense or assign its rights through multiple tiers of sub-licenses or assigns.
e) No Obligation to Monitor
Dakota Style does not control the information delivered to the Forums, and has no obligation to monitor the Forums. However, Dakota Style reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or legal governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, and to block any person from participation in such forums for any reason whatsoever, in Dakota Style’s sole discretion
f) No Obligation to Remove
Dakota Style is not obligated to remove any content from the website which does not violate any civil or criminal laws and any contributions intended for display on this website via any means, whether submitted via HTTP (web), SMTP (mail), NNTP (newsreader), or otherwise, are presumed to be contributed by the author/contributor with the intent that Dakota Style shall have an ongoing non-exclusive right to publish the contributed content for an indefinite amount of time, unless the content submitted was made a written agreement, signed by Dakota Style with differing term agreements or Dakota Style has clearly only been provided limited non-exclusive publishing rights (for example, in the case of some exclusively copyrighted newsletter content). If you do not wish to have something which you submit be published, do not submit it in the first place.
g) No Endorsement
Dakota Style does not endorse, support, represent or guaranty the truthfulness, accuracy, or reliability of any communications posted in the Forums or endorse any opinions expressed in the Forums. You acknowledge that any reliance on material posted in the Forums will be at your own risk.
h) Company’s Right to Act
If Dakota Style discovers communications, which allegedly do not conform to any Terms and Conditions of this website, Dakota Style may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. Dakota Style will have no liability or responsibility for performance or non-performance of such activities. Dakota Style reserves the right to terminate or restrict your access to any or all of the Forums at any time without notice for any reason whatsoever. You acknowledge that some Forums available through the website are available only through the website and others are available both through the website and other sources, over which Dakota Style has absolutely no control.
III. SPECIAL NOTES WITH REGARD TO PRODUCT
Product Listings: Dakota Style strives for accuracy in all item descriptions, photographs, size references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our website. Due to human error and other determinants, we cannot guarantee that all item descriptions, photographs, size references, detailed specifications, pricing, links and any other product-related information listed are entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labeled with an incorrect price due to some typographical, informational, technical or other error, Dakota Style shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from Dakota Style are provided as resources to customers looking for additional information. Dakota Style does not assume responsibility for the claims and/or representations made on these or any other websites.
Product Variations: Dakota Style is not responsible for variations in product specifications and/or physical appearance, since in some cases this can be a natural result of the manufacturing process. Please consider this when ordering products through our website.
All of Dakota Style manufacturers and suppliers of raw materials are required to represent, warrant and agree that all goods manufactured for or delivered to Dakota Style, and the performance of all services incidental to the manufacture, sale and shipment of such goods, have been and will in the future be in strict compliance and conformity with all present and future applicable federal, state and local laws, including the Fair Labor Standards Act and local labor laws.
LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES, DAKOTA STYLE’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. DAKOTA STYLE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. DAKOTA STYLE SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, LOSS OF BUSINESS, LOSS OR DAMAGE TO REPUTATION OR FOR EXEMPLARY DAMAGES, WHETHER OR NOT DAKOTA STYLE HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
Governing Law and Jurisdiction: Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Dakota Style and customer shall be governed by the laws of the State of South Dakota, without regard to its conflicts of law rules. Specifically, the United Nations Convention on the International Sale of Goods shall not govern the validity, interpretation, and performance of this agreement. Dakota Style and customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts or Federal Courts of the State of South Dakota, Clark County, to resolve any dispute between them related hereto, and the parties waive all rights to contest this exclusive jurisdiction and venue of such courts. The customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, and equity or otherwise, against Dakota Style that is more than one (1) year after the date of the applicable invoice. You, the customer, agree that any legal action asserted by you shall not be in the form of or joined with a class, or in the form of a class action, and may only be asserted on your own behalf.
Severability: If any provision contained in this Terms and Conditions/Privacy Policy agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this Terms and Conditions/Privacy Policy agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable South Dakota law.
Waiver: The failure of either party to require performance by the other party of any provision of this Terms and Conditions/Privacy Policy agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this Terms and Conditions/Privacy Policy agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
Entire Agreement: These Terms and Conditions are the complete and exclusive agreement between Dakota Style and customer, regarding customer’s use of the website, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Dakota Style and and customer relating to the website. This Terms and Conditions/Privacy Policy agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.
