DKSWEBInc. is a service marks of DKSWEB, Inc. or its affiliates. All rights reserved. These and other DKSWEB, graphics, logos and service marks and trademarks of DKSWEB, Inc. and its affiliates may not be used without prior written consent of DKSWEB, Inc. or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on DKSWEB, Inc. are the property of their respective owners.
II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of DKSWEB, Inc. is at User's sole risk. Neither DKSWEB, Inc., nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, "Providers"), or the like, warrant that DKSWEB, Inc. will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of DKSWEB, Inc., or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through DKSWEB, Inc.
THIS SITE IS PROVIDED BY DKSWEB, Inc. ON AN "AS IS"AND "AS AVAILABLE" BASIS. DKSWEB, Inc. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DKSWEB, Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DKSWEB, Inc. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY DKSWEB, Inc. NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall DKSWEB, Inc. or any other party involved in creating, producing, or distributing DKSWEB, Inc. be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use DKSWEB, Inc., including but not limited to reliance by a User on any information obtained from DKSWEB, Inc. or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to DKSWEB, Inc.'s records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through DKSWEB, Inc.. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
PROPRIETARY RIGHTS User acknowledges that DKSWEB, Inc. contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and DKSWEB, Inc. owns a copyright in the selection, coordination, arrangement, and enhancement of such products.
IV. APPLICABLE LAW
This site is created and controlled by DKSWEB, Inc. in the State of California. As such, the laws of the State of California will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. DKSWEB, Inc. reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of California and of the United States of America located in the State of California for any litigation arising out of or relating to use of or purchase made through DKSWEB, Inc. (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the California Courts and agrees not to plead or claim in any California Court that such litigation brought therein has been brought in an inconvenient forum.