Last Updated: June 24, 2020
Welcome to the Darby Scott® website located at www.darbyscott.com and any other websites under the control of Darby Scott®, however such websites are accessed or used, and inclusive of other interactive features, applications or downloads that are operated by us or that are made available by us (“Website”). This Website is owned and operated by Darby Scott, Inc. (“Company” or “we” or “us”). BY USING OUR WEBSITE YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE WEBSITE AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR WEBSITE AND ANY AFFILIATE WEBSITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. Additional terms and conditions may apply to the purchase of products, such as additional shipping and return specifications. By using this Website, you agree to such terms and conditions.
If you have any questions or comments, we invite you to contact our Customer Service Department by email at email@example.com or by phone at 1-978-326-7236. Our customer care team is available Monday through Friday from 8:00 am to 5:00 pm Eastern, excluding holidays. Our customer care team is on hand to assist with size and fit advice, provide detailed product information, answer delivery questions, help with exchange and return queries, help with placing orders, provide gift advice, and to answer general questions.
Copyright and Ownership
All of the content featured or displayed on the Website, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by Company, its licensors, vendors, agents or its Content providers. All elements of the Website, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Website may only be used for the intended purpose for which such Website is being made available. Except as may be otherwise indicated on the Website, you are authorized to view, play, print and download documents, audio and video found on our Website for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website. The Website, its Content and all related rights shall remain the exclusive property of Company or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Website.
All trademarks, service marks and trade names of Company used herein (including but not limited to: the Company name, the Company corporate logo, the Website name, the Website design, and any logos) are trademarks of Company or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Company trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without Company's prior written consent. The use of Company trademarks on any other Website or network computer environment is not allowed. Company prohibits the use of Company trademarks as a "hot" link on or to any other Website unless establishment of such a link is approved in advance.
Unsolicited Submissions Policy
Company is pleased to hear from its loyal customers and welcomes your comments regarding Company. Except where Company specifically requests comments or submissions, Company does not accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. This policy is designed to avoid misunderstandings if products developed by Company's professional staff seem to others to be similar to their own creative work. Accordingly, Company requests that your comments relate to those products offered by Company, and that you not submit any creative ideas, suggestions, or materials except where specifically requested or solicited. If you do send us an unsolicited submission, you agree not to assert any ownership right of any kind in the unsolicited submission against Company (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract), you hereby grant Company a nonexclusive, perpetual, worldwide license to the unsolicited submission in every media and for every purpose now known or hereinafter discovered and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit. You release Company (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your unsolicited submissions, including without limitation all claims for theft of ideas or copyright infringement.
Company reserves the right to sell and display any advertising, attribution, links, promotional and distribution rights, and Company and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate Company to sell or offer to sell any advertising, promotion or distribution rights.
You may only purchase products which appear on this Website and are delivered to an address located in the United States. You may only purchase products for personal use by either yourself or your intended recipient of the products. Company may refuse any order that it has reasonable cause to believe is for onward sale other than through distribution channels approved by Company. Company makes no representation or guarantees that products available on the Website are appropriate or available for use in locations outside the United States, and accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Website from locations outside the territory, you do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website.
Products, Content and Specifications
Details of the products available for purchase are set out on the Website. All prices are displayed and charged in US dollars. All applicable sales or other taxes are in addition to the sales price. All online transaction totals reflect the estimated tax amount; the actual tax amount will be calculated when your order is shipped and may vary from the estimated tax. Discounts and sale prices may not be applied to previous orders. All features, content, specifications, products and prices of products described or depicted on this Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products on this Website at a particular time does not imply or warrant that these products will be available at any time. Occasionally, the manufacture or distribution of a certain product may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. We reserve the right to shorten the duration of any special offer or sale promotion. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Special or Custom Orders
Special, custom, personalized or monogrammed orders require a fifty percent (50%) NON-REFUNDABLE deposit be paid at the time the order is placed, exclusive of shipping fees and taxes. We will charge the remaining balance, plus applicable shipping and taxes, at the time your order is ready to ship. Please be aware that if an estimated delivery date is not noted when your place an order for a special, pre-sale or non-stock item, you could expect a delay of up to two months on clothing and six months on imported handbags and other times from the date your order is placed and the date the order is ready to ship.
Your satisfaction is of the utmost concern for all of us at Darby Scott and we strive to ensure your happiness with your purchase. For jewelry or handbags, timelines and fees for repairs or other services will vary depending upon the services rendered. We stand by the quality of our merchandise and workmanship, unless your item is beyond repair in our sole judgment, we will always do our best to return your item sent for repair in the best possible condition.
If your purchase was made at a retail location, please contact that store directly as each retailer has its own return and repair policies. We work with all our retailers to ensure that our customers receive the highest level of service possible.
If you purchased this item from our website, we offer direct repair service. We require that you first call to request a repair Service Record Order (SRO) number by calling 978-326-7236. We will e-mail or mail a repair form with an SRO number assigned. This repair form must accompany your repair request. Securely package the item and ship it via an insured and traceable method. Please allow approximately two weeks for a repair assessment. Detailed repair information and an estimated repair charge will be sent to you once the assessment has been completed. No repair will be made without customer confirmation of the assessment and approval of the charges. We will require a signed authorization prior to repair.
Please take note of our suggested guidelines for maintaining your luxury item in our product care section. Following our suggestions will help preserve the style and beauty of your purchase, so you can enjoy it for years to come.
When an order is placed, it will be shipped to the billing address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website. Risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments. Signature may be required for deliveries. Company does not guarantee any particular delivery date and is not responsible for any delays. Please note that certain leather and other animal-based products may not be shipped to certain jurisdictions and such orders will be canceled. Please see each product description for more information.
Currently we are only able to accept online orders to shipping addresses within the United States, and do not ship internationally. Please contact customer service with any inquiries regarding international purchases/shipping. To ensure the secure delivery of your order, Darby Scott does not ship orders to post office boxes. For your security please be aware that orders can only be shipped to the cardholder’s billing address (or a corporate work address if we are able to verify independently). To avoid delays to your order, please ensure that your billing address matches the address on your credit card statement and that the cardholder’s name is written as it appears on the card. Please also ensure that your contact details are filled in accurately so that we can contact you if necessary.
Enjoy complimentary ground shipping on all orders. If you want delivery sooner, please see upgrade fees during the checkout process. Order processing may take up to 72 hours for in stock items. Orders are processed Monday through Friday noon and all orders received after noon EST on Friday, or on Saturday, Sunday or any holiday will be processed on the next business day. Saturday, Sunday and holiday delivery is not available. A signature will be required for all shipments. All Next Day delivery orders must be placed before noon EST Monday through Friday, excluding holidays. Next Day delivery is not available for special order or engraved items.
Items ordered together may not always ship together. If your order requires more than one shipment, you will only be charged one shipping fee. Shipping charges are non-refundable.
More information on complimentary shipping:
- The price of the merchandise must meet the required amount, after any discounts or promotions, in order to receive complimentary shipping: the total amount excludes any taxes or engraving fees.
- Free-shipping promotion excludes business accounts.
- Complimentary shipping is only available for orders placed on the U.S. Website for domestic delivery.
E-Gift cards are delivered by email within the next business day after credit approval. Delivery to an incorrect or invalid email address is the responsibility of the purchaser. Our e-gift cards have no additional processing fees. Unused e-gift cards may be returned by the purchaser with a receipt and valid proof of purchase. Purchases made on weekends, holidays or after 1pm (ET) on business days will be delivered on the next business day after credit approval. E-Gift cards may not be redeemed for cash or for additional e-gift cards. Not valid on international shipments. Darby Scott is not responsible for lost or stolen e-gift cards. Treat your e-gift card purchase as you would any any credit card.
If an e-gift card has been lost or stolen, the unused balance may be replaced with proof of ownership. It is your responsibility to demonstrate proof of ownership with a receipt and the e-gift card number. Additional information may be required. Please contact our customer service department if you wish to purchase a custom amount or any amount larger than options listed.
Auxiliary aids and services regarding our gift cards are available upon request - please contact us at 978-326-7236 with any questions or requests concerning our electronic gift cards.
Return and Exchange Policy
You may return or exchange a product or service purchased from this Website in accordance with our Return and Exchange Policy which is hereby incorporated by reference. Certain jurisdictions may provide additional statutory rights. Nothing herein is meant to limit your return or cancellation rights under applicable local law.
We want you to be completely happy with your order. If for any reason you are not satisfied, we will gladly accept items for exchange, refund or merchandise credit within 30 days. Please contact customer service for return authorization code prior to shipping any item back to Darby Scott. A return label will be provided and must be used in conjunction with the return authorization code. All returns must be in the original packaging, unaltered, unworn, unwashed, with all tags attached and in the same condition as when it was delivered. Returned merchandise should include the original packaging and tags as well as the sales receipt. Upon receipt of returned goods Darby Scott reserves the right to deny credit for return if the merchandise does not meet return policy requirements. Please note used or worn merchandise will not be accepted for refund or exchange. Refund will be issued back to the original payment method or merchandise credit only.
If you wish to return an item you have received as a gift please contact customer service for return instructions (packaging instructions, etc.) and a return label. Securely package item and include the gift receipt with your return. A merchandise credit for use at darbyscott.com will be issued upon receipt and acceptance of your return.
Only eligible items purchased at darbyscott.com may be returned. Special orders, customized products and any other items noted as final sale or non-returnable cannot be returned for a refund or merchandise credit. Product purchased at any other location cannot be returned to darbyscott.com.
Return shipping charges may be deducted from your refund. Please allow 7 to 14 days for credit to be processed.
For all charges for any products sold on the Website, Company will bill your credit card or alternative payment method offered by Company. In the event legal action is necessary to collect on balances due, you agree to reimburse Company for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services needed for use of this Website and any and all fees charged to you by your financial institution related to your purchases.
Contest and Promotions
On occasion Darby Scott issues promotional codes, site credits, and similar promotions to members and non-members in the form of alphanumeric codes that will provide a credit towards a darbyscott.com purchase when redeemed at check out. These codes are non-transferrable and are to be used only by the intended recipient; these codes have no cash value and are not redeemable for cash. In particular, we reserve the right to cancel a promotion and to reject redemption of a promotional code when the total value of the promotional code exceeds a certain financial value, generally the price of the item for which the promotional code is issued. Multiple promotional codes may not be combined. Where a promotion has been communicated via e-mail, the promotional code is non-transferable and the e-mail address provided during checkout must be the same as the e-mail address to which the promotion was sent. We are not liable for any financial loss arising out of the refusal, cancelation or withdrawal of a promotion or any failure of inability of a customer to use a promotional code for any reason.
Accuracy of Information
We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Website. For example, products included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service or to refuse service to any customer. We also may require verification of information prior to the acceptance or shipment of any order.
Linking to this Website
Creating or maintaining any link from another Website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another Website without our prior written permission is prohibited. Any permitted links to this Website must comply will all applicable laws, rule and regulations.
From time to time, this Website may contain links to Websites that are not owned, operated or controlled by Company or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we, nor any of our respective affiliates, are responsible for any content, materials or other information located on or accessible from any other Website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other Websites, or any content, materials or other information located or accessible from any other Websites, or the results that you may obtain from using any other Websites. If you decide to access any other Websites linked to or from this Website, you do so entirely at your own risk.
You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. You further understand and agree that sending unsolicited email advertisements to any user of the Website is expressly prohibited by these Terms. Any unauthorized use of our computer systems is a violation of these Terms. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website. We may fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Account Registration and Security
You understand that you may need to create an account to have access to all of the parts of the Website. Further, you acknowledge that we may market to you and share information based on the contents of your “wish list.” In consideration of your use of the Website, you will: (a) provide true, accurate, current and complete information about yourself as prompted by the Website's registration form and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete. If Company suspect, in its sole and absolute discretion, that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all use of the Website. You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Website. We have the right to provide billing, account, content or usage records, and related information to third parties under certain circumstances as provided in our Privacy Statement, such as in response to lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business. Please note that anyone able to provide your username and password will be able to access your account so you should take reasonable steps to protect this information. If you have forgotten your password, please follow the instructions on the login page to reset your password. Customer Service is not able to reset your password over the phone or by email.
Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website.
We are not responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond our reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Representations and Warranties
You affirm, represent and warrant the following: (i) you are old enough to enter into a binding contract in your state and have the right and authority to enter into this Agreement, and are fully able and competent to satisfy the terms, conditions and obligations therein; (ii) you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, for any material that you have provided to the Website; (iii) if necessary you have the written consent of each and every identifiable natural person to use such persons name or likeness in the manner contemplated by the Website and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (iv) you have read, understood, agree with, and will abide by the terms of this agreement; (v) you are not, and have not been an agent of Company and were not and are not acting on behalf of, or as a representative of, Company or any other party; and (vi) Company use of any information you have submitted as contemplated by the Terms and the Company website will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity.
YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER COMPANY, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER COMPANY, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
ALL PRODUCTS PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH COMPANY WEBSITE, PRODUCTS AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATIONS OF LIABILITY
Company does not assume any responsibility and will be liable, for any damages to, or any viruses that may infect your computer, equipment, or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website. IN NO EVENT WILL COMPANY, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY-FIVE DOLLARS (US $25.00) OR (B) THE VALUE OF YOUR PURCHASE ON THE WEBSITE.
You agree to defend, indemnify and hold Company and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Website or your placement or transmission of any message or information on this Website by you or your authorized users; (ii) your violation of any term or condition of these Terms, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any information or material that you provide to Company; or (vi) any other party’s access and use of the Website with your unique username, password or other appropriate security code.
In the event that you have a dispute with one or more other users of the Website, you release Company (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Website in the event that (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for our users or us.
Data collection and use, including the collection and use of personally identifiable information, is governed by our Privacy Statement which is incorporated into and is a part of these Terms.
Any claim relating to, and the use of, this Website and the materials contained herein is governed by the laws of the Commonwealth of Massachusetts, without giving effect to its conflict of law provisions. You consent to the exclusive jurisdiction of the state and federal courts located in Essex County, Massachusetts. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We do not guarantee continuous, uninterrupted or secure access to our Website, and operation of the Website may be interfered with by numerous factors outside of our control. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and all incorporated agreements may be assigned by Company in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Any provision that must survive in order to give proper effect to its intent (e.g., Indemnity, General, any perpetual licenses, Limitations on Liability, Unsolicited Materials, Disclaimers, Representations and Warranties, etc) shall survive the expiration or termination of these Terms.
These terms and conditions are the entire agreement between you and Company with respects to the subject matter hereof and supersede any prior understandings or agreements (written or oral).
All rights not granted herein are expressly reserved to Darby Scott, Inc.