terms & conditions

INTRODUCTION
This website is operated by Dietz & Watson, Inc., 5701 Tacony Street, Philadelphia, PA 19135.  Throughout the site, the terms “we,” “us” and “our” refer to Dietz & Watson. Dietz & Watson offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.  These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Before accessing or using our website, please read these Terms of Service carefully.  By accessing or using any part of the site, you agree to be bound by these Terms of Service.  If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.  If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service.  You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.  It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc.  They provide us with the online e-commerce platform that allows us to sell our products and services to you.

ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

RIGHTS
All right, title and interest in the website, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to Dietz & Watson or its licensors and licensees.  Nothing in these Terms and Conditions or otherwise will be deemed to grant to you an ownership interest in the website in whole or in part.

In using the website, you must respect the intellectual property and other rights of Dietz & Watson and others.  Your unauthorized use of the subject matter of the website may violate copyright, trademark, privacy, publicity, communications and other laws, and may result in your personal liability, including potential criminal liability.  Dietz & Watson respects the intellectual property rights of others. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Dietz & Watson and its licensors, licensees and third parties.  Any unauthorized use of the website for any purpose is prohibited.

The website (including future versions) and all content included in the website, such as recipes, menus, meal planners, guides, graphics, logos, images, button icons, audio clips, video, photographs, data, music, software, and other material comprising the website are owned or licensed property of Dietz & Watson or its suppliers or licensors and licensees and are protected by copyright trademark, patent, trade secret or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.  The website is copyrighted as an individual work and as a collective work under the United States Copyright Laws and Dietz & Watson owns a copyright in the selection, compilation, assembly, coordination, arrangement, and enhancement thereof. The website is also protected by United States and international trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.

LICENSE
Subject to your strict compliance with these Terms and Conditions and any other terms, Dietz & Watson grants you a limited, non-exclusive, revocable, non-assignable, personal and non-transferable license to access and make personal use of the website for noncommercial purposes only and only to the extent such use does not violate these Terms and Conditions including, without limitation, the prohibitions listed below.

A breach or violation of any of the Terms will result in an immediate termination of your License.

GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.  Credit card information is always encrypted during transfer over networks.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current.  The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.  Any reliance on the material on this site is at your own risk.

This site may contain certain historical information.  Historical information, necessarily, is not current and is provided for your reference only.  We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.  You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS
Prices for our products are subject to change without notice.

Certain products may be available exclusively online through the website.  These products may have limited quantities and the remedy available is restricted to return.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store.  We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction.  We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.  We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.

We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us.  We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.  These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.  In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.  We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.  You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.  We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources).  Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us.  We are not responsible for examining or evaluating their content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.  Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.  We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.  You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.  You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.

You are solely responsible for any comments you make and their accuracy.  We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy which is available at https://www.dietzandwatson.com/privacypolicy.

ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.  We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.  No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) make any commercial use of the website, including making any collection or use of any product listings, descriptions, prices, or images; (m) download, copy, or transmit any portion of the website for the benefit of any other merchant; (n) use or attempt to use any engine, software, tool agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the website; (o) frame, mirror, or use framing techniques on any part of the website; (p) make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Service content or otherwise scrape, collect, store or use any content, product listings, descriptions, prices, or images; (q) use any meta tags or any hidden text utilizing Dietz & Watson’s name or trademarks; (r) misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the website, or express or imply that we endorse any statement you make; (s) use a buying agent to conduct transactions on the website; (t) conduct fraudulent activities on the website; (u) violate or attempt to violate the security of the website, including, without limitation, (1) accessing data not intended for you or logging onto a site or an account you are not authorized to access; (2) trying to change the functionality of the website; (3) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (4) attempting to interfere with access to any user, host, or network, including, without limitation, via means of submitting malware to the website, overloading, flooding, spamming, mailbombing, or crashing; (5) forging any header or any part of the header information in any email or posting; or (6) forging communications on behalf of the website, impersonating the website or to the Service impersonating another user; (v) send unsolicited or unauthorized email on behalf of Dietz & Watson, including promotions and/or advertising of products or services; (w) tamper with the website or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working of the website or any activity being conducted on the website; (x) harvest or collect personally identifiable information about other users of the website including by hacking to acquire credit card and other financial information to use directly or indirectly for financial gain; (y) restrict or deface any portion of the website; (z) use the website to advertise or offer to sell or buy (other than Dietz & Watson) any goods or services; (aa) reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the website; (bb) modify, adapt, translate, reverse engineer; decompile, or disassemble any portion of the website; (cc) create any derivative works of the website; and (dd) remove any notice of copyright, trademark, or other proprietary rights from the website or materials originating from the website.

LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk.  The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

You acknowledge and agree that, to the fullest extent provided by applicable law, Dietz & Watson will not be liable to you or to any other person under any circumstances or under any legal or equitable theory, whether in tort, contract, strict liability, or otherwise, for any indirect special, incidental, or consequential losses or damages or any nature arising out of or in connection with the use of or inability to use the website, even if an authorized representative of Dietz & Watson has been advised of or should have known of the possibility of such damages.  To the fullest extent provided by applicable law, this disclaimer applies to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, computer failure or malfunction, computer viruses, file corruption, communication failure, network or system outage, theft, destruction, unauthorized access to, alteration of, loss, use of any record or data, and any other tangible or intangible loss. Subject to the foregoing, to the fullest extent provided by applicable law, Dietz & Watson will not be liable for any damages in excess of the fees paid by you in connection with your use of the Dietz & Watson website during the six (6) month period preceeding the date on which the claim arose.

You specifically acknowledge and agree that to the fullest extent provided by applicable law Dietz & Watson will not be liable for any defamatory, offensive or illegal conduct of any seller (including any marketplace retailer), shopper, or other user of the Dietz & Watson website.

In no case shall Dietz & Watson, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.  Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless Dietz & Watson and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us.  You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.

CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.  It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at: contact@dietzandwatsonstore.com.