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Welcome to www.DYLN.co. The www.DYLN.co website (the "Site") is comprised of various web pages operated by DYLN INC. (“DYLN”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such terms. By visiting the Site and/or purchasing something from DYLN, you, the User, engage in our “Service” and agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, merchants and/or contributors of content.
Please read these terms carefully, and keep a copy of them for your reference. If you do not agree to all the Terms, then you may not access the Site or use any services offered by DYLN. The Site is an E-Commerce Site that sells alkaline water bottles and related products. DYLN reserves the right to update, change and/or replace any part of these Terms by posting updates and/or changes on the Site. Use of or access to the Site following the posting of any changes to these Terms constitutes acceptance of such changes.
PRIVACY POLICY. Your use of www.DYLN.co is subject to DYLN’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
ELECTRONIC COMMUNICATIONS. Visiting the Site or sending emails to DYLN constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
The Site may include certain features or services that are available via your mobile phone (the “Mobile Services”). You may have the option to provide your mobile number in the registration process as part of your contact information. By using the Mobile Services of DYLN by providing your mobile number as a contact point, you agree that DYLN may communicate with you by short message service (“SMS”), multimedia messaging service (“MMS”), text message and/or any other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to DYLN. You understand that your carrier’s normal messaging, data and other rates and fees will apply to these Mobile Services and other communications, and you should check with your carrier to find out what plans are available and how much they cost.
CHILDREN UNDER THIRTEEN. DYLN does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13). If you are under the age of eighteen (18), you may use the Site only with permission of a parent or guardian.
LINKS TO THIRD-PARTY SITES AND/OR THIRD-PARTY SERVICES. The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of DYLN and DYLN is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. DYLN is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DYLN of the site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.DYLN.co domain, you hereby acknowledge and consent that DYLN may share such information and data with any third party with whom DYLN has a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.
ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION. DYLN is not responsible if information on the Site is not accurate, complete and/or current. Any and all material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on the Site is at the user’s own risk.
Nothing contained herein or on the Site is intended to constitute medical or health advice. You should consult your doctor before beginning any exercise, training or athletic program. DYLN is not responsible for any medical or health problems that may result from your engaging in any activities described on this site or from any information you obtain from this site. If you ever feel discomfort or pain, you should not continue.
MODIFICATIONS TO THE SERVICES AND/OR PRICES. Prices for our products are subject to change without notice. DYLN reserves the right at any time to modify and/or discontinue the services it offers (or any part or content thereof) without notice at any time. DYLN shall not be liable to any users of the Site for any modification, price change, suspension and/or discontinuance of the services it offers.
DYLN’S PRODUCTS. DYLN has made every effort to display as accurately as possible the colors and images of its products that appear on the Site. DYLN cannot guarantee that a User’s computer monitor and/or phone screen display of any color will be accurate. DYLN reserves the right to limit the sale of its products to any person, geographic region and/or jurisdiction. DYLN may exercise this right on a case-by-case basis. All descriptions of products or product pricing on the Site is subject to change at any time without notice at the sole discretion of DYLN. DYLN does not warrant that the quality of its products, information or other material purchased or obtained by a user of the Site will meet the user’s expectations or that any errors in the services offered by DYLN will be corrected.
ACCOUNT REGISTRATION & SALES.
In order to purchase products and/or services through the use of the Site, you must establish an account with DYLN. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Site that occur under your account or your account password.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased as deemed necessary in our sole discretion. 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 we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address and/or 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.
USER CONTENT.
In accessing the Site, you may provide and/or post content (“User Content”) and/or share it with other users. Subject to any licenses and rights expressly granted herein, any User Content posted by you, is owned by you.
You are solely responsible for any User Content you post, publish, display or transmit to others. We may, but are not obligated to, monitor or review any User Content (unless required by law). We retain the right to remove any or all User Content for any or for no reason, including User Content that, in our sole discretion, violates these Terms.
By uploading User Content, you grant to DYLN, and represent and warrant that you have all rights and authority necessary to grant, a royalty-free, perpetual, irrevocable, and unrestricted right and worldwide license (i) to use, reproduce, display, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to others such User Content, and / or to incorporate it in other works in any form, media, or technology. You also agree that DYLN is free to use any ideas, concepts, know-how or techniques that you send to us for any purpose. Do not send DYLN any ideas, suggestions and/or any other content that you wish to keep confidential or for which you expect to receive compensation.
ACCURACY OF BILLING & ACCOUNT INFORMATION. DYLN reserves the right to refuse any order placed on the Site. DYLN may, in its 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 DYLN makes a change to or cancels an order, DYLN may attempt to notify the customer by contacting the customer via email and/or billing address and/or phone number provided at the time the order was placed on the Site. DYLN reserves the right to limit and/or prohibit orders that, in DYLN’s sole judgment, appear to be placed by dealers, resellers and/or distributors.
Any and all users of the Site agree to provide current, complete and accurate purchase and account information for all purchase made on the Site. Any and all users of the Site agree to promptly update their account and other information, including, but not limited to, their email address and credit card numbers and expiration dates so DYLN may complete transactions and contact users as needed.
PAYMENT & BILLING TERMS.
All prices are quoted in the denomination stated. To make a purchase, you must provide a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“PAYMENT PROVIDER”). Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing DYLN with your credit card number and associated payment information, you hereby authorize DYLN to immediately charge your credit card for all fees and charges due and payable to DYLN hereunder or credit your credit card for any refunds owed and that no additional notice or consent is required. You agree to immediately notify DYLN of any change in your billing address or the credit card used for payment hereunder. DYLN reserves the right at any time to change its prices and billing methods, either immediately upon posting on the DYLN Properties or by e-mail delivery to you.
THIRD PARTY PAYMENT SERVICES PROVIDER.
DYLN uses Braintree, a division of PayPal, Inc. (“BRAINTREE”) and PayPal, Inc. (“PAYPAL”) as third-party service providers for payment services (e.g., credit card transaction processing, merchant settlement, and related services). By using the DYLN Properties, you agree to be bound by Braintree's US Terms of Service available at https://www.braintreepayments.com/legal/payment-services-agreement-us and Privacy Policy available at https://www.paypal.com/us/webapps/mpp/ua/privacy-full; and PayPal’s User Agreement available at https://www.paypal.com/us/webapps/mpp/ua/useragreement-full and Privacy Policy available at https://www.paypal.com/us/webapps/mpp/ua/privacy-full, as applicable. You hereby consent to provide and authorize DYLN, Braintree, and PayPal to share any information and payment instructions you provide to the extent required to complete the payment transactions in accordance with the Terms, including personal, financial, credit card payment, and transaction information.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY. You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to DYLN that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of DYLN or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. DYLN content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of DYLN and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of DYLN or our licensors except as expressly authorized by these Terms.
SHIPPING & DELIVERY POLICY.
DYLN is not responsible for any lost and/or stolen packages that are addressed to the correct delivery address. DYLN will not be responsible for unanticipated delays in the event of forces of nature or other uncontrollable events. The delivery times are estimates and not guaranteed by DYLN.
DYLN REFUND POLICY.
Payments made to DYLN are subject to refund in accordance with DYLN's refund policy available at https://www.dyln.co/pages/contact-us?tab=returns
MATERIALS PROVIDED TO WWW.DYLN.CO OR POSTED ON ANY DYLN WEB PAGE. DYLN does not claim ownership of the materials you provide to www.laceandpearls.com (including feedback and suggestions) or post, upload, input or submit to any DYLN Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting DYLN, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. DYLN is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in DYLN’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
INTERNATIONAL USERS. The Site is controlled, operated and administered by DYLN from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the DYLN content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
INDEMNIFICATION. You agree to indemnify, defend and hold harmless DYLN, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. DYLN reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with DYLN in asserting any available defenses.
ARBITRATION. In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act (“FAA”), conducted by a single neutral arbitrator and administered by the American Arbitration Association (“AAA”), or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims with respect to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the FAA governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
CLASS ACTION WAIVER. Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each's individual capacity, and not as a plaintiff or class member in any putative class, collective and/or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and DYLN agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
LIABILITY DISCLAIMER. The information, products, and services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. DYLN may make improvements and/or changes in the site at any time.
DYLN makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, products, services for any purpose. To the maximum extent permitted by applicable law, all such information, products and services are provided "as is" without warranty or condition of any kind. DYLN hereby disclaims all warranties and conditions with regard to this information, products, services, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall DYLN and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site, with the delay or inability to use the Site or related services, the provision of or failure to provide services, or for any information, products, and services obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if DYLN has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Site.
TERMINATION/ACCESS RESTRICTION. DYLN reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
GOVERNING LAW & VENUE. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in the State of California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
MISCELLANEOUS PROVISIONS. You agree that no joint venture, partnership, employment, or agency relationship exists between you and DYLN as a result of this agreement or use of the Site. DYLN’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of DYLN’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by DYLN with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and DYLN with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and DYLN with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
CHANGES TO TERMS. DYLN reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. DYLN encourages you to periodically review the Terms to stay informed of our updates.
CONTACT US. DYLN welcomes your questions or comments regarding these Terms and Conditions. If you believe that DYLN has not adhered to these Terms and Conditions, please contact DYLN at: support@dyln.co or via mail to:
Effective as of July 24, 2020.
