Dertiv.com Terms of Service
Last Updated January 25, 2024
Welcome to Dertiv.com (the "Site"), an online service owned and operated by Dertiv (the "Company"). These Terms of Service represent legal agreement between you, a visitor to or user of the Site, and the Company ("we," "our," "us"). By accessing or using this Site you represent that you are capable of entering into legal contracts, are at least 18 years of age and agree to be bound by these Terms of Service (herein, "Terms" or "Agreement"). Please read them carefully, and periodically check for updates.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE OR SERVICES. YOUR USE OF OUR SITE AND SERVICES REQUIRES YOUR ACCEPTANCE OF THESE TERMS AS THEY MAY BE AMENDED FROM TIME TO TIME, INCLUDING THE PRIVACY POLICY INCORPORATED BY REFERENCE HEREIN.
1. Changes to the Terms
We may add to, change or remove any part of these Terms, at any time without prior notice to you other than listing of a later effective date than the one set forth at the top of this policy It is your responsibility to check these Terms periodically for changes. Your access to or use of the Site following the posting of any changes in these Terms or any other posted policies shall constitute your acceptance of the updated Terms or policies.
2. Your Use of Site Content; Limited License
You understand that we are functioning as a Service Provider in connecting you with certain information content and materials that are proprietary to us or to third parties (the "Site Content"). We grant you a personal, limited, non-transferable, non-exclusive license to access the Site and use the Site Content, solely for your personal, private and non-commercial use. You may print a single copy of a product owner/user manual for your own personal use.
You may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute or otherwise make unauthorized use of Site Content, including but not limited to product manuals. Any commercial use is expressly prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the Site Content. Your rights are subject to your compliance with these Terms as well as any other agreements applicable to the Site Content you are accessing.
3. Pricing; Payment Information
Prices for products available for purchase at or through the Site are conspicuously stated and remain effective unless or until the price is updated or the product removed from our product offerings on the Site. You represent and warrant that all information you submit at 'checkout' of your shopping cart at or through the Site, including credit card or other payment method information, shall be accurate, current and complete.
4. REFUND POLICY
Due to the nature of a user/owner manual purchase, which permits you to download for viewing and print a single copy for personal use, we cannot offer refunds for the purchase of these products. However, if you encounter a technical problem that prevents you from downloading or printing the manual, please contact our customer service department at support@dertiv.com. In such event, we will endeavor to provide you with a printed copy of the manual or failing that, a refund of the purchase price may be appropriate.
5. No Reliance of Specific Information
The Site is designed to provide useful information and a platform for persons interested in consumer product manuals and related documents. We do not provide any advice or recommendations pertaining to any particular product or manufacturer, and we are not responsible for the statements, comments or opinions of others that may appear on this Site. We urge you to seek the guidance of qualified professionals in regards to specific product information before relying on the advice that may be tendered by users of this Site. You covenant to not attempt to hold Company liable for any loss, damage or warranty voidance by reason of any content transmitted by or through the Site.
6. Third-Party Websites
Third-party website links may appear on the Site. In such event, you acknowledge that we do not control, and we are not responsible for, any data, content, services, or products (including software) of such third-party websites. The existence of such links does not constitute an endorsement or affiliation of any kind with us or with this Site. We are not a publisher of third-party content and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties.
7. DISCLAIMER OF WARRANTY
THE SITE, ALL SITE CONTENT AND INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NONINFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION. COMPANY DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. COMPANY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR SERVICE, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, COMPANY'S WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.
8. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL COMPANY, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS ("COMPANY PARTIES") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, SITE OR CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, OUR SITE OR CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE AND SERVICES. IF, NOTWITHSTANDING THE FOREGOING, ANY OF THE COMPANY PARTIES IS FOUND TO BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE, SERVICE, SOFTWARE OR ANY CONTENT THEREIN, THE COMPANY PARTY'S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID COMPANY FOR YOUR USE OF THE SERVICE; AND (B) THE SUM OF ONE HUNDRED (100) US DOLLARS. SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, THE COMPANY PARTIES' LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
9. Indemnity
You agree to defend, indemnify and hold the Company Parties harmless from any claim or demand, including reasonable attorneys' fees, asserted by any third party arising out of or relating to any violation of these Terms by you; any content or material you submit or otherwise transmit through the Site; or your violation of any rights of another party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you. This Section shall survive termination of these Terms.
10. Digital Millennium Copyright Act
The Company respects the intellectual property rights of others. If you believe that material in which you hold copyright or rights under copyright has been displayed, published or posted on the Site in a way that constitutes infringement, please provide the Company's Agent for receipt of notices of alleged copyright infringement (see below) the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your name, address, telephone number, and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a written statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
The Company's Agent for Notice of claims of copyright infringement for the Site, under the Digital Millennium Copyright Act (DMCA) can be reached via email as follows: legal@dertiv.com.
11. General Terms
11.1. Entire Agreement. This Agreement, along with any rules, guidelines, or policies published on the Site constitute the entire agreement between us and you with respect to your access to and use of the Site. If there is any conflict between this Agreement and any other rules or instructions posted on the Site, this Agreement shall control.
11.2. Amendments. You cannot amend or modify this Agreement except through a written instrument expressly agreed to by Company. Any purported oral modification is void.
11.3. Governing Law and Dispute Resolution. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Delaware, without reference to its choice of law rules. Any claim or dispute arising hereunder or relating to the Site must first be submitted to non-binding mediation before a professional, neutral mediator at JAMS or other mutually agreed upon mediator. No legal action may be commenced, initiated or permitted to proceed unless and until the mediator has issued a written statement indicating the dispute is incapable of resolution through negotiation.
11.4. No Class Action. As a material inducement to Company offering the Services, you agree that you waive any right to assert any claim or cause of action against the Company, under any theory, through a class action or as part of an alleged group or class of individuals, petitioners or plaintiffs.
11.5. Severability. If any portion of this Agreement is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these provisions will otherwise remain in full force and effect.
11.6. Assignment. You may not assign your rights or obligations under this Agreement without the prior written consent of Company.
11.7. Non-Waiver. Company's failure to insist upon or enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.
Appendix A - Membership Packages and Pricing
The Site offers users various product packages, at varying price points, as purchase options. We have three (4) levels of membership product packages: "Club Level 1", "Club Level 2", "Club Level 3" and "Club Level 4"
Club Level 1
Includes access to the Dertiv membership area which entitles you to 1 additional downloads per week and access to the book club. Today's charge is $2.00 . Thereafter, your weekly recurring order of dertiv.com you will be charged $2.00 every 7 days until you cancel your subscription. You will receive an electronic notification 5 to 7 days prior to your transaction and receipt after each successful transaction. Upon authorization of your credit card you will receive immediate access with your login and password, dertiv will appear on your billing statement.
Club Level 2
Includes access to the Dertiv membership area which entitles you to 5 additional downloads per month and access to the book club. Today's charge is $19.65 . Thereafter, your monthly recurring order of dertiv.com you will be charged $19.65 every 30 days until you cancel your subscription. You will receive an electronic notification 5 to 7 days prior to your transaction and receipt after each successful transaction. Upon authorization of your credit card you will receive immediate access with your login and password, dertiv will appear on your billing statement.
Club Level 3
Includes access to the Dertiv membership area which entitles you to 8 additional downloads per month and access to the book club. Today's charge is $29.65 . Thereafter, your monthly recurring order of dertiv.com you will be charged $29.65 every 30 days until you cancel your subscription. You will receive an electronic notification 5 to 7 days prior to your transaction and receipt after each successful transaction. Upon authorization of your credit card you will receive immediate access with your login and password, dertiv will appear on your billing statement.
Club Level 4
Includes access to the Dertiv membership area which entitles you to 10 additional downloads per month and access to the book club. Today's charge is $34.65 . Thereafter, your monthly recurring order of dertiv.com you will be charged $34.65 every 30 days until you cancel your subscription. You will receive an electronic notification 5 to 7 days prior to your transaction and receipt after each successful transaction. Upon authorization of your credit card you will receive immediate access with your login and password, dertiv will appear on your billing statement.
Upon selecting a product package, you authorize Company or its authorized payment processing agent (as shown on the payment page of the Site) to charge your credit card or other approved payment mechanism for periodic recurring subscription charges according to the then-current billing terms displayed on the Site. Upon authorization of your credit card you will receive immediate access with your login and password. dertiv will appear on your billing statement.
AUTOMATIC RECURRING BILLING: Your credit card or other approved payment mechanism will be automatically charged on the monthly anniversaries of your initial subscription purchase so as to auto-renew your membership, unless you notify the Company that you are cancelling prior to the end of the current subscription cycle. You are responsible for subscription fees, and any other charges, incurred on your account up to and until the time of cancellation.