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Your use of and access to the Website and the Services provided or made accessible to you by Davis & Davis Gourmet Foods, or its subsidiaries and affiliates (collectively, “ Davis & Davis ”, “ we ”, “ us ” or the like) are provided under these " Terms of Use " and any amendments to these Terms of Use that may be posted from time to time (collectively, the " Terms ", " Terms of Use " or this “ Agreement ”).   The term “ Website ” refers to each of the web pages contained in all the Websites owned, operated or controlled by us, including any Website through which we may provide any of our products or services (collectively, the “ Services ”).

PLEASE READ THESE TERMS CAREFULLY PRIOR TO ACCESSING OR USING THE WEBSITE OR THE SERVICES.   You acknowledge and agree that the Pennsylvania Electronic Transactions Act (“ PETA ”) applies to the transactions conducted on or through the Website and the Services and that you and Davis & Davis may conduct any transactions contemplated herein by electronic means.   This means that you expressly agree to receive communications and disclosures from Davis & Davis via electronic mail, the Website or other electronic means.   By accessing or using the Website or the Services, you are accepting the Terms and agreeing to be legally bound by them.   If you do not agree to be legally bound by the Terms, you are not permitted to access or use the Website or the Services.  

Modification

Davis & Davis shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you.   Any changes to these Terms of Use shall be effectively immediately following the posting of such changes on this Website. The most recent version of these Terms of Use may always be found at http://www.davisanddavisonline.com/terms.htm. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this Website following changes to these Terms of Use shall constitute your acceptance of all such changes.   These Terms of Use were last modified on November 10, 2004.

Restrictions on Use

This Website is for informational purposes only and is not intended to provide specific advice.   It is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance, or any other uses by you in any form or manner whatsoever.   Unless otherwise indicated on this Website, you may display, download, archive, and print a single copy of any information on this Website, or otherwise distributed from Davis & Davis, for such personal, non-commercial use, provided it is done pursuant to the User Conduct and Obligations set forth herein.

You may not reverse engineer, decompile or otherwise attempt to reconstruct the Website.   You may not systematically retrieve any material, content or information appearing on or accessible through the Website (" Materials ") to directly or indirectly compile or create a collection, compilation, database or directory or any other service or product, whether or not competitive with the Website, without Davis & Davis's prior written consent.   Except with respect to commercially available applications commonly known as “web browser” software, you may not use any software, program, application or other device to access or log on to the Website, or to automate the process of obtaining, downloading, transferring or transmitting any Materials, without Davis & Davis's prior written consent.

Davis & Davis and its licensors reserve all rights to the Website, Services and Materials, and any other use of the Website, Services and Materials for any purpose not expressly granted in the Terms or any other applicable written agreement between Davis & Davis and you is expressly prohibited.

Modification or Suspension of Website

Davis & Davis reserves the right, at its sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or this entire Website or any information contained thereon without liability or notice to you.

Privacy Policy

You have read and agree to all of the terms and conditions of our Privacy Policy, which is located at: http://www.davisanddavisonline.com/privacy.htm.

Confidentiality and Transmissions over the Internet

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit.   Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal information).   While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy , in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

User Conduct and Obligations

You agree to follow all applicable laws and regulations when using this Website.   Furthermore, you agree that you shall not:

•  Upload, post or otherwise transmit through or to this Website any content that:

•  Is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;

•  Might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights    of others;

•  Contains any viruses, Trojan horses, time bombs, or any other harmful programs or elements;

•  Disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our Website, its computer systems, servers or networks;

•  Provide false information about yourself to us, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication;

•  Transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages;

•  Collect information about other visitors to our Website without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or e-mail addresses;

•  Sell access to or the use of this Website, including any content contained on, downloaded or accessed from this Website, except as specifically permitted in writing by Davis & Davis;

•  Redistribute any content, including financial data, provided by us in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method;

•  Intentionally alter the format in which financial data is provided by us or otherwise circumvent our regular interfaces to such data; and

•  Embed or import any financial data provided by us into any information services (whether or not web-based), data files or application software, including without limitation accounting and payroll systems, except as except as specifically permitted in writing by Davis & Davis.

By uploading, posting or otherwise transmitting through or to our Website any content, you grant to us, our successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable license to use or distribute such content in any manner otherwise than as stated in our Privacy Policy.

Third Party Websites, Content and Products and Services

Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of (i) the organizations that operate such websites; (ii) the content, privacy policies or other terms of use on such websites; or (iii) such third party products and services.   As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

Proprietary Rights

The Davis & Davis trademarks, service marks, trade names, logos, and other identifying marks of Davis & Davis are and shall remain the trademarks and trade names and exclusive property of Davis & Davis, and any unauthorized use of these marks is unlawful.   Other trademarks on this Website are the property of their respective owners.   All content on this Website, including without limitation all programs, complied binaries, interface layout, interface text, documentation and graphics, is the copyrighted property of Davis & Davis and is protected by international copyright law.   The content on this Website may be used by you only for your personal, non-commercial use as provided for in these Terms of Use, but may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by Davis & Davis.

Notice of Copyright Infringement

Our policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement.   If you believe that your work has been reproduced on this Website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:

•  A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.

•  Identification of the copyrighted work claimed to have been infringed.

•  Identification of the material on our Website that is claimed to be infringing or to be the subject of infringing activity.

•  The address, telephone number or e-mail address of the complaining party.

•  A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.

A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

All notices of copyright infringement should be sent to:

Davis & Davis Gourmet Foods
P. O. Box 83
Glenshaw, PA 15116
customerrelations@davisanddavisonline.com

IMPORTANT: We at Davis & Davis are committed to establishing our services in as many languages as possible. However, our company is based in the United States and our staff is English-speaking. We apologize, but we can only correspond in English.

Disclaimer of Warranties, Exclusion of Damages and Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF AND ACCESS TO THE SERVICES AND THE WEBSITE ARE AT YOUR SOLE RISK. THE PERFORMANCE OF THIS WEBSITE AND ALL MATERIALS AND INFORMATION CONTAINED ON, DOWNLOADED FROM OR ACCESSIBLE THROUGH THIS WEBSITE ARE PROVIDED TO YOU ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING ANY IMPLIED WARRANTIES OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, EACH OF WHICH IS EXPRESSLY EXCLUDED.   Davis & Davis shall be not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, Internet access providers, computer equipment, software, or any combination thereof including any injury or damage to your or any other person's computer as a result of using this Website.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL Davis & Davis OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, CO-BRANDERS OR OTHER BUSINESS ASSOCIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL OR OTHER INTANGIBLES, EVEN IF Davis & Davis OR ANY OF THE FOREGOING PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR ARISING OUT OF OR RELATED TO: (1) THE USE OF OR ACCESS TO OR THE INABILITY TO USE OR ACCESS THE SERVICES OR THE WEBSITE, (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS   OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR ACCESSIBLE THROUGH THE SERVICES OR THE WEBSITE, OR (5) ANY OTHER MATTER RELATING TO THE SERVICES OR THE WEBSITE.    IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE), EXCEED THE AMOUNTS PAID BY YOU TO Davis & Davis, IF ANY, FOR ACCESSING OR USING THE SERVICES AND THE WEBSITE.   SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Indemnification by User

You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from and against any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this Website or breach of these Terms of Use.   We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Applicable Law

The Website and the Services (excluding any hyperlinked web sites of third parties) are controlled by Davis & Davis from its headquarters within the Commonwealth of Pennsylvania in the United States of America.   Accordingly, by accessing or using the Website or the Services, you and Davis & Davis agree that the statutes and laws of the Commonwealth of Pennsylvania, including, without limitation, the Pennsylvania Electronic Transactions Act, but excluding the conflicts of laws principles of that or any other jurisdiction, will apply to all matters relating to your use of or access to the Website or the Services or the Materials or any products or services available on or accessible through the Website or the Services (except those specifically subject to another written agreement).

Similarly, you and Davis & Davis also agree and hereby submit to the exclusive personal jurisdiction and venue of the state or federal courts situated in Allegheny County, Pennsylvania, U.S.A., with respect to your use of or access to the Website or the Services, or the Materials or any products or services available on or accessible through the Website or the Services (except those specifically subject to another written agreement).

Termination

These Terms are effective until terminated by either party.   You may terminate these Terms at any time by discontinuing use of and access to all Services and the Website.

You agree that Davis & Davis may, in its sole discretion, and at any time, terminate your use of or access to the Services or the Website, and may remove or delete any Materials, information or other content on the Website or in the Services, for any reason, without prior notice to you. You further agree that Davis & Davis shall not be liable to you or to any third party for any termination of your use of or access to the Services or the Website.

In the event of any termination of this Agreement or your use of or access to the Services or the Website, you agree that the provisions regarding Restrictions on Use, Links, Disclaimer of Warranties, Third Party Websites, Proprietary Rights, Disclaimer of Warranties, Exclusion of Damages, Limitation of Liability, Indemnification and Applicable Law shall survive any such termination.

General

If any court having competent jurisdiction holds any provision of these Terms of Use invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect.   No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

You agree that these Terms of Sale, our Privacy Policy and other notices posted on this Website have been drawn up in English.   Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete.   Accordingly, you agree that in the event of any conflict between the English language version of the forgoing documents and any other translations thereto, the English language version of such documents shall govern.

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