REDWOOD CITY 1063 Upton St. • (650) 365-5190
Open: Monday-Saturday 7am - 10pm • Sunday 7am - 9pm
DEHOFF'S KEY MARKET
This Dehoff's Key Markets User Agreement ("Agreement") is between Dehoff Enterprises Inc. DBA Dehoff's Key Markets, California corporation Dehoff's Key Markets and the person, or the entity represented by the person, who is using this website ("Website"), referred to as "you," "your" or "yours." This Agreement describes the terms under which you may use this Website. By continuing on with this Website via reading its content and clicking through its pages, you are agreeing to comply with and be bound by all the terms of this Agreement.
YOU REPRESENT THAT YOU ARE A NATURAL PERSON OVER EIGHTEEN (18) YEARS OF AGE. YOU FURTHER REPRESENT THAT YOU RESIDE IN THE UNITED STATES OF AMERICA, THAT YOU MAY LEGALLY ENTER INTO THIS AGREEMENT AND THAT YOU AGREE WITH ALL THE TERMS OF THIS AGREEMENT.
ARTICLE I. USE OF THE WEBSITE.
A. Content and Trademarks. The Website contains many features, including the capability to download certain artistic and photographic content ("Content"), and also artwork containing Dehoff's Key Markets trademarks and service marks ("Trademarks"). Dehoff's Key Markets allows you to download such Content and Trademarks only as follows, and under no other terms, express or implied:
1. Content. Content may be downloaded only in the following capacity: (A) you are a writer, blogger or journalist; or (B) you are an educator or student. In each case, you may use and distribute Content solely: (X) in or together with articles or other materials created by you, and in no event separately; (Y) in or together with educational or academic materials created by you, and in no event separately; and (Z) with proper identification, notices and ownership attribution as required by Dehoff's Key Markets.
2. Trademarks. You may download Trademarks only if: (A) you are a writer, blogger or journalist; or (B) you are an educator or student. In each case, you may use the Trademarks: (X) in or together with articles or other materials created by you, and in no event separately; (Y) in or together with educational or academic materials created by you, and in no event separately; and (Z) with proper identification, notices and ownership attribution as required by Dehoff's Key Markets. Vendors who seek use of the Dehoff's Key Markets logo should contact the Dehoff's Key Markets Marketing Department. YOU UNDERSTAND AND AGREE THAT YOU SHALL NOT USE THE TRADEMARKS ON OR WITH ANY GOODS OR SERVICES, AND SHALL NOT USE THE TRADEMARKS TO INDICATE THE SOURCE OF ANY GOODS OR SERVICES. YOU FURTHER AGREE NOT TO ALTER THE TRADEMARKS IN ANY WAY – FOR EXAMPLE, BY CHANGING THE COLORS OR DIMENSIONS OF THE Dehoff's Key Markets LOGO. If so required by Dehoff's Key Markets, you shall use the Trademarks only together with such notices of ownership as Dehoff's Key Markets may from time to time require, including without limitation the ® or the ™ symbols.
3. Scope. You understand and agree that the rights granted herein are fully revocable by Dehoff's Key Markets upon notice. If Dehoff's Key Markets revokes your rights, or terminates this Agreement, your rights with respect to Content and Trademarks are hereby immediately terminated. In such case, you shall immediately cease any use, copying or distribution of the Content or Trademarks, you shall promptly remove Content and Trademarks from any materials in your possession or control, and you shall promptly confirm to Dehoff's Key Markets in writing that you have done all of the foregoing.
ARTICLE II. LIMITATIONS.
Your use of the Website must conform to the following:
ARTICLE III. CONTENT AND DMCA.
B. The Digital Millennium Copyright Act (DMCA).
1. Notices. If you are a copyright owner or an agent thereof and believe that any portion of this Website (including any Content) infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing Dehoff's Key Markets Copyright Agent (identified below) with the following information in writing:
2. Copyright Agent. The designated Copyright Agent to receive notifications of claimed infringement for Dehoff's Key Markets is: [email protected] Only claimed infringement notifications may be sent to the Copyright Agent.
ARTICLE IV. CONDUCT.
You understand and agree that perfect security does not exist anywhere, and you will therefore protect your personal information in a reasonable way at all times.
ARTICLE V. TERM.
The term of this Agreement will continue until terminated by you or Dehoff's Key Markets. You or Dehoff's Key Markets may terminate this Agreement at any time and for any reason or no reason.
ARTICLE VIII. LIMITATION OF LIABILITY.
IN NO EVENT SHALL DEHOFF'S KEY MARKETS BE LIABLE TO YOU OR ANY PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER AND WHEREVER ARISING. IN NO EVENT SHALL THE TOTAL LIABILITY OF DEHOFF'S KEY MARKETS UNDER THIS AGREEMENT OR REGARDING THE WEBSITE EXCEED FIVE HUNDRED DOLLARS ($500). Some jurisdictions do not allow certain limitations of damages so the foregoing may not apply to you.
ARTICLE IX. ARBITRATION, JURISDICTION AND VENUE.
A. Arbitration. You agree that any dispute, controversy or claim arising out of, or relating to, this Agreement shall be settled by confidential arbitration in San Mateo county, California, in accordance with the American Arbitration Association's ("AAA") Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes) then in effect. A single arbitrator with knowledge of electronic commerce will conduct the arbitration and that arbitrator may grant injunctions or other relief in such dispute or controversy. The parties will mutually agree upon such arbitrator, but if the parties have not agreed on an arbitrator within thirty (30) days of the date of the notice of intention to arbitrate, the AAA will select the arbitrator from its list of commercial arbitrators. The arbitrator will conduct a single hearing no longer than one (1) day in duration for the purpose of receiving evidence and will render a decision within fifteen (15) days after the conclusion of the hearing. The decision of the arbitrator will be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any State or Federal court. The cost of the arbitrator shall be shared equally, and all other expenses of arbitration will be paid by the party who incurred them. You further agree that you will not participate in any way in any class action in connection with any such dispute, controversy or claim, either as a class representative plaintiff or as a member of a putative class.
B. Jurisdiction and Venue. This Agreement provided hereunder will be governed by the laws of the State of California, without regard to any laws that would direct the choice of another state's laws and, where applicable, to be governed by the federal laws of the United States. Subject to Section IX(A) (which provides for arbitration of claims between you and Dehoff's Key Markets to the maximum extent possible), you irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the federal or state courts in the State of California for any dispute or litigation arising out of, or relating to, the use of this Website, and you waive any objection to the laying of venue of any such litigation in California courts and agree not to claim that such litigation brought therein has been brought in an inconvenient forum; in other words, if you and Dehoff's Key Markets have a dispute, you agree to resolve it in an California court. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed.
ARTICLE X. DISCLAIMER.
DEHOFF'S KEY MARKETS PROVIDES THE WEBSITE AND ALL GOODS AND SERVICES ON AN "AS IS" BASIS, WITHOUT ANY WARRANTY. DEHOFF'S KEY MARKETS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, ARISING FROM COURSE OF DEAL, USAGE OR TRADE, AND INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR TITLE.
ARTICLE XI. GENERAL.
Neither this Agreement, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without the prior, written permission Dehoff's Key Markets. Any purported assignment without such permission shall be void. This Agreement may be assigned by Dehoff's Key Markets in whole or in part without notice. Any waiver of any rights of Dehoff's Key Markets under this Agreement must be in writing, signed by Dehoff's Key Markets, and any such waiver shall not operate as a waiver of any future breach of this Agreement. In the event any portion of this Agreement is found to be illegal or unenforceable, such portion shall be severed from this Agreement, and the remaining terms shall be separately enforced. Your use of the Website shall at all times comply with all applicable laws, rules and regulations. This Agreement is the entire agreement between the parties with respect to this subject matter, and supersedes any and all prior or contemporaneous or additional communications, negotiations or agreements with respect thereto. You will indemnify and hold Dehoff's Key Markets, (and Dehoff's Key Markets officers, directors, agents, subsidiaries, joint ventures, licensees 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 this Agreement, or your violation of any law or regulation, or the rights of any third party. You agree that: (i) the Website shall be deemed solely located in California; and (ii) the Website is and shall be deemed a passive website that does not give rise to personal jurisdiction over Dehoff's Key Markets, either specific or general, in jurisdictions other than California.
YOU AND DEHOFF'S KEY MARKETS AGREE THAT ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Dehoff's Key Markets and the Dehoff's Key Markets logo are trademarks of Dehoff's Key Markets, a California corporation, and may not be used without prior written permission. If you have any questions or comments about Dehoff's Key Markets or this Agreement, you may contact Dehoff's Key Markets at:
Dehoff's Key Markets
1 Waters Park Drive, suite # 185
San Mateo, CA. 94403
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