ACCEPTANCE OF TERMS & CONDITIONS
c. Access and Retention. A link to this Agreement will be found on the Dixie Belle homepage. Please print a copy of this document for your records.
ELIGIBILITY. You must be at least eighteen (18) years of age to purchase Products, register with or otherwise use the Website. By using the Website, you represent and warrant that: (a) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (b) all registration and listing information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; (d) you are 18 years of age or older; and (e) your use of the Website does not violate any applicable law or regulation.
PRODUCT ORDERS, SHIPPING AND RETURNS. Please click here for more information about our order, shipping and return policies.
PRICING/FEES/PRODUCTS. The fees/prices displayed on the Website are quoted in U.S. dollars and are valid and effective only in the U.S. Prices for Products are subject to change without notice. We reserve the right 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. We reserve the right to discontinue any Product at any time. 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 e-mail 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
PAYMENT PROCESSOR. Dixie Belle also utilizes Braintree, a third party payment processor, to handle credit card and bank account transactions. Dixie Belle is not responsible for such transaction. No sensitive payment information (e.g. credit card numbers, bank account numbers, etc.) is sent to our servers. Therefore the burden of PCI Compliance rests solely on Braintree. The processing of payments will be subject to Braintree’s terms, conditions and privacy policies in addition to our policies. When you order Products, you authorize your chosen payment provider (your “Payment Method”) to be charged and agree to make payments using that selected Payment Method.
ELECTRONIC COMMUNICATIONS. When you visit the Website, sign up for newsletters or send e-mails to Dixie Belle, you are communicating electronically. You consent to receive communications from Dixie Belle electronically. Dixie Belle will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. You also agree that by registering with Dixie Belle, you consent to receive newsletters, emails, promotions, social media communications and other advertisements from Dixie Belle or its partners.
You may opt-out of receiving promotional newsletters from Dixie Belle by doing one of the following:
PASSWORD/ACCOUNT SETTINGS. When you sign up to become a registered customer, you will also be asked to choose a password for purposes of accessing the Website and purchasing Products. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You shall prevent unauthorized use of the Website using your password. You agree to immediately notify Dixie Belle of any unauthorized use of your username or password or any other breach of security. Dixie Belle will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. All assignments of your password shall be void.
SUBMISSION OF CONTENT. When you submit content to Dixie Belle that is covered by intellectual property rights, like images, photos and videos (“Content”), you specifically give Dixie Belle the following permission: you grant Dixie Belle an irrevocable, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify and display any Content that you submit. You represent and warrant that you own or otherwise control all of the rights to the Content; that the Content is accurate; that use of the Content you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify Dixie Belle for all claims resulting from Content you supply. Dixie Belle has the right but not the obligation to monitor and edit or remove any activity or Content. Dixie Belle takes no responsibility and assumes no liability for any Content submitted by you or any third party. To the extent contained within or associated with the Content, you grant and consent to Dixie Belle permission to use, and to alter without restriction your name, portrait, photograph and/or other likeness in any and all manner or media, whether for commercial or non-commercial purposes, whether now known or hereafter existing, in perpetuity. You agree that the Content may be combined with other images, text, film, audio, graphics and audio-visual works, and cropped, edited, altered or modified.
License. Dixie Belle grants you a limited license to access and make personal use of the Website. Dixie Belle does not allow you to download (other than page caching) or modify the Website, or any portion of it, without the express written consent of Dixie Belle. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, spiders, robots, or similar data gathering and extraction tools, as such activities are strictly prohibited. The Content (as defined below) of the Website, the Website as a whole and the software are intended solely for personal, non-commercial use by you and other non-commercial users of the Website who have a user ID and password.
NO UNLAWFUL OR PROHIBITED USE. As a condition of your use of the Website, you warrant to Dixie Belle that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. You may not: (a) modify or create any derivative work based on the Content (as defined below) or use the Content, in whole or in part, for any commercial purpose or for any public display, performance, sale, rental, outsourcing or other commercial exploitation; (b) remove or alter any copyright, trademark or other proprietary notices from the Content; (c) transfer the Content to another person; or (d) reproduce the Content, the Website or the software, in whole or in part, except as expressly provided herein. You agree to prevent any unauthorized copying of the Content or software. Dixie Belle reserves all rights not expressly granted herein.
TERMINATION OF USE. You agree that Dixie Belle may, in its sole discretion, terminate or suspend your access to all or part of the Website with or without notice and for any reason, including, without limitation, breach of this Agreement. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating our relationship with you and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefor, your right to use the Website immediately ceases, and you acknowledge and agree that Dixie Belle may immediately deactivate or delete your account and all related information and files and/or bar any further access to such files or the Website. Dixie Belle will not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
INTELLECTUAL PROPERTY. Dixie Belle or its licensors owns and retains all proprietary rights in the Website. All products, articles, information, databases, images, illustrations, designs, graphics, icons, photographs, text, audio clips, video clips and other materials that appear as part of the Website as well as the selection, arrangement and organization of the foregoing and the Website as a whole (collectively, 'Content') are subject to copyright, trademark, service mark, trade dress, and/or other intellectual property rights or licenses and rights of publicity and privacy, all worldwide rights, titles and interests in and to which are owned by or licensed to Dixie Belle or its licensors/suppliers. All software used on this Website is the property of Dixie Belle or its licensors/suppliers and is protected by U.S. and international copyright and other intellectual property laws.
DIXIE BELLE, DIXIE BELLE PAINT COMPANY, BELLES AND WHISTLES, TERRA and SILK ALL IN ONE, along with other Website graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Dixie Belle in the U.S. Dixie Belle's trademarks and trade dress may not be used in connection with any product or service that is not Dixie Belle's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Dixie Belle. All other trademarks not owned by Dixie Belle that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Dixie Belle. References on the Website to the trademarks, service marks, trade names, products, company names or services of third parties are provided for your convenience and do not in any way constitute or imply an endorsement or recommendation of that third party or its products or services by Dixie Belle.
METATAGS, HIDDEN TEXT, LINKING OR FRAMING ONLINE. Dixie Belle expressly prohibits any use of its trademarks, trade names or brand names in metatags, keywords and/or hidden text online. The use of Dixie Belle trademarks, trade names or brand names in metatags, keywords or hidden text constitutes trademark infringement, and the use of any of the foregoing for purposes of gaining higher rankings in search engines constitutes unfair competition. Linking to the Website, or any page or portion thereof, without the prior written consent of Dixie Belle is expressly prohibited. Likewise, framing, in-line linking or other methods of association on the Website or its content with any other site, advertisement, link or other information or materials not originating from this Website is expressly prohibited, unless specifically authorized or required in writing by Dixie Belle.
NO ADVICE. The information provided on this Website is for reference use only, and does not constitute the rendering of professional advice or recommendations by Dixie Belle.
WEBSITE CONTENT. Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and/or availability. Dixie Belle reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Dixie Belle apologizes for any inconvenience this may cause you.
LINKS TO THIRD PARTY SITES. Dixie Belle may provide, or third parties may provide, links to other websites or resources. Because Dixie Belle has no control over such sites and resources, you acknowledge and agree that Dixie Belle is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Dixie Belle shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource. We do not control the privacy policies or practices of these websites. You should review those policies before providing any personal information. Dixie Belle is not responsible for the content or practices of any linked websites and provides these links solely for navigation convenience to visitors.
WARRANTY LIMITATION. Except for those warranties expressly provided herein, you hereby acknowledge and agree that Dixie Belle (including OWNERS, PARTNERS, MEMBERS, MANAGERS, SHAREHOLDERS, employees, agents, directors, AFFILIATES, SUBSIDIARIES and independent contractors of Dixie Belle) has not made any other warranties, express or implied, concerning the Website, the Products OR THE INFORMATION PROVIDED THROUGH THIS WEBSITE. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY DIXIE BELLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DIXIE BELLE DISCLAIMS, AND YOU HEREBY WAIVE, ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.any warranties regarding completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose. WITHOUT LIMITING THE FOREGOING, DIXIE BELLE hereby makes no representation nor any warranties of any kind in connection WITH the information provided herein, That products will meet your requirements, OR THE QUALITY OF ANY PRODUCTS. Any reliance you place on such information is therefore strictly at your own risk.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE Products OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH PRoducts OR SERVICES. THE FACT THAT DIXIE BELLE IS INCLUDING OR OFFERING ANY PRODUCT OR SERVICE ON THE WEBSITE IS NOT AN ENDORSEMENT OR A RECOMMENDATION OF THE PRODUCT OR SERVICE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
DISCLAIMER OF LIABILITY. IN NO EVENT SHALL DIXIE BELLE OR ANY OF ITS OWNERS, PARTNERS, MEMBERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, AGENTS OR REPRESENTATIVES, BE IN ANY WAY LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM, OR RELATING TO, THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS THEREOF, OR OF ANY LINKED WEBSITE, OR ANY PRODUCT OR SERVICE LINKED TO OR ADVERTISED OR PROMOTED ON THE WEBSITE,OR OTHERWISE RELATING HERETO, REGARDLESS OF WHETHER THE SAME ARE FORESEEABLE OR IF DIXIE BELLE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIRS OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR DATA YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE AND THAT DIXIE BELLE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE.
DIXIE BELLE MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE, CONTENT, SOFTWARE OR ANY PRODUCT OFFERED OR PURCHASED THROUGH THE WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE OR ACCESS IN LOCATIONS OUTSIDE OF THE UNITED STATES.
Notwithstanding anything to the contrary contained herein, Dixie Belle's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Dixie Belle for the PRODUCTS.
INDEMNIFICATION. You agree to indemnify and hold Dixie Belle, its owners, members, managers, subsidiaries, affiliates, employees, agents, representatives and independent contractors, harmless from any loss, liability, damages, claims, actions, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (1) your use of the Website in violation of this Agreement; and/or (2) any use of this Website.
FORCE MAJEURE. Dixie Belle shall not be liable for failing to perform its obligations hereunder because of circumstances reasonably beyond the control of Dixie Belle. Such circumstances shall include (without limitation) any acts or omissions of any government or governmental authority, natural disaster, act of a public enemy, acts of terrorism, riot, sabotage, labor disputes, power failure, delays in transportation or deliveries of supplies or materials, acts of God, pandemics, epidemics, computer failure, hardware failure, telecommunications failure, software failure, failure of users to cooperate with the reasonable requests of Dixie Belle, breach of this Agreement by users, cyber-attacks, cyber-hacks, cyber-crimes, or cyber-disruptions and any other events reasonably beyond the control of Dixie Belle.
Consent to Jurisdiction, Forum Selection and Choice of Law. By using the Website you expressly agree that if there is any dispute arising out of the Website transactions occurring on the website and/or the Products, or in the event of any judicial action arising directly, indirectly, or otherwise in connection with, out of, related to or from this Agreement or any transaction covered hereby or otherwise arising in connection with the relationship between the parties, regardless of whether such action is brought under contract, tort, statute or otherwise, any such dispute shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Florida, in Pasco County, for the resolution of any such dispute. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. You hereby waive any right you may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the State and Federal courts located in the County of Pasco, State of Florida shall have in personam jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.
PREVAILING PARTY. In any action to enforce this Agreement, the prevailing party will be entitled to recover its legal expenses, including reasonable attorneys’ fees, legal assistants’ fees, costs and expenses from the non-prevailing party of all court costs (including bankruptcy proceedings and appeals) in addition to any other relief to which the party is entitled. Any cause of action brought by you against Dixie Belle or its officers, partners, directors, managers, members, shareholders, distributors, affiliates, subsidiaries, sponsors, advertisers, licensors, employees, agents, representatives or independent contractors, must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
ASSIGNMENT. You may not assign your rights and obligations under this Agreement to any third party, and any purported attempt to do so will be null and void. Dixie Belle may freely assign its rights and obligations under this Agreement.
RELATIONSHIP. By using the Website or purchasing Products, the only relationship created is that of a buyer and a seller. No other legal relationship exists or is implied.
SEVERABILITY. If any part of these Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.
WAIVER. Any failure by Dixie Belle to enforce or exercise any provision of this Website or related rights will not constitute a waiver of that right or provision.
CAPTIONS. The headings and captions of this Agreement are inserted for convenience of reference and do not define, limit or describe the scope or intent of this Agreement or any particular section, paragraph, or provision.
Please contact us with any questions regarding this Agreement.