Terms and Conditions of Use
These General Terms and Conditions of Use ("Terms") are entered into by and between you and Distinct Media LLC, a Pennsylvania LLC (“DM”). In consideration of your use of and access to this Internet site (the "distinctshoppingoutlet SITE"), and the promises and obligations herein, and intending to be legally bound, you and DM hereby agree as follows:
Your access to and use of the SITE is subject to these Terms, as well as any modifications issued by DM to these Terms, and all applicable laws and regulations. BY USING THE SITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the SITE.
Among other things, the SITE provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided in the SITE in no way override the terms and conditions of your membership with DM or your purchase of any product or service except as specifically provided herein. To the extent any area within the SITE contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail. To the extent that these terms are in addition to, but not in conflict with, the Specific Terms, the additional terms shall also apply.
2. Changes in Terms
DM shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the SITE. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the SITE. You are responsible for reviewing the SITE periodically for any modification to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by DM to these Terms. ANY ACCESS OR USE OF THE SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than DM shall be valid or enforceable against DM unless expressly agreed to by DM in writing signed by a duly authorized officer of DM .
These Terms are effective until terminated by DM . DM may terminate these Terms without notice and at any time. In the event of termination, the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
DM shall also have the right without notice and at any time to terminate the SITE or any portion thereof, or any products or services offered through the SITE, or to terminate any individual's right to access or use the SITE or any portion thereof.
4. Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the SITE and your purchase of the items on the SITE. You must be at least 18 years old to use the SITE.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the SITE, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content."
The Content may contain errors, omissions, or typographical errors or may be out of date. DM may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on DM in any way except to the extent it is specifically indicated to be so.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by DM or by third parties that have licensed their use to DM . You may view and use the Content only for your personal information and for shopping and ordering on the SITE, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, DM does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the SITE, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in writing signed by DM , is strictly prohibited.
6. Linked Third Party Sites
Links to other Internet sites operated by third parties, including DM vendors do not constitute sponsorship, endorsement, or approval by DM of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by DM , and DM is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
If applicable, a voucher may be remitted after you submit an order to purchase merchandise at the SITE as a credit against your account balance, as reflected on your next monthly statement. The voucher may only be used when the aggregate price of the merchandise purchased exceeds $50.00. The value of the voucher will be up to $25.00 (depending on your order) but will not exceed $25.00. The voucher reduces your account balance, but only for the value of the merchandise, and does not go toward nor does it substitute for the following items: shipping and processing, any applicable taxes, and non merchandise items that might be included in your account balance, including but not limited to late fees and NSF fees. The voucher will not count towards, but will be a credit in addition to, your Minimum Monthly Payment as defined in the terms and conditions. Use one voucher each applicable period (see voucher for dates). Make sure you are using a valid voucher when submitting your payment. Utilization information is listed on the back of each voucher.
8. Prices; Orders; Shipping; Processing
All prices displayed on the SITE are quoted in U.S. dollars. DM may restrict delivery to addresses within the United States and may restrict customers to use of bank accounts located within the United States. DM will add shipping and processing fees and applicable sales/use taxes. Shipping and processing fees are due on all orders at the time order is placed. Our shipping and processing charges are intended to compensate DM all costs of processing your order, preparing and packaging the products you have purchased, and delivering them to you. DM reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the SITE without incurring any obligation to you. Products displayed on this site are available while supplies last. Descriptions of, or references to, products or services on the SITE do not imply endorsement of that product or service, or constitute a warranty, by DM .
The receipt by you of an order confirmation does not constitute DM ’s acceptance of an order. Prior to DM s acceptance of an order, verification of information may be required. DM reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from DM , for any reason. DM reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. DM may choose not to accept or process orders from customers who are delinquent in any payment obligation to DM , including but not limited to membership fee, NSF fees, late fees, or in the payment of their account balances. DM customers with no prior account payment history or who have no account balance at the time of placing an order, who place an order of $300.00 or greater, will be required at the time of the order to pay 10% of the merchandise portion of the order, plus shipping and processing fees and any applicable sales tax.
In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, DM shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and payment has been received from you. If payment has already been received for the purchase and your order is properly canceled, DM shall promptly issue a credit to your account or a refund in the amount of the incorrect price.
DM will deliver your merchandise to the address that you provide at the time of placing your order. You are responsible for providing accurate and complete information in placing orders, including the address for delivery of merchandise ordered. If you move, it is your responsibility to update DM with your new address. If the product is delivered to the address you provided at the time of the order placement, DM will not be liable for claims of non-receipt of merchandise. The merchandise will be deemed to have been received upon our receipt of confirmation from the shipper. Full receipt of an order placed may take up to 30 days for delivery.
9. The Federal E-Sign Act (HR-1714) on Final Digital Signature
The Federal E-Sign Act (HR-1714) on Final Digital Signature provides that electronic signatures on documents hold equivalent legal status as traditional handwritten signatures; by completing the online orders for product, Member certifies that their digital signature is the equivalent of its handwritten signature. Also, Member declares that it has read and understands all of the Terms and Conditions and agrees to and does sign each section of these Terms and Conditions with its digital signature.
10. Disclaimer and Limitation of Liability as to the SITE and Content
DM MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. DM ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THE SITE IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL DM , ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF DM IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Disclaimer and Limitation of Liability as to Products and Services
Our goal is that you are completely satisfied with your SITE purchase. If for any reason you are not entirely pleased with a product you purchased on the SITE, simply return the item in its original packaging with your original packing slip within 30 days of receipt and we will issue you a full refund of the purchase price or a credit to your shopping account balance in the amount of the purchase price. You will be assessed a 10% restocking fee, which will be deducted from your refund. Refunds will be issued in the same method as the order was paid. Shipping and processing charges are not refundable. After 30 days, all returns, replacements, service, and support must be handled directly between you and the manufacturer. Many products are packaged with the manufacturer's warranty and service information detailing specific terms and conditions. Manufacturers' warranties may vary from product to product.
ALL PRODUCTS AND SERVICES SOLD BY DM ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, DM MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, DM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD ON THE SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL DM , ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE SITE, EVEN IF DM IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DM ’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
You agree to defend, indemnify, and hold harmless DM , DM ’s vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the SITE. The foregoing indemnification obligation shall survive termination of these Terms and the SITE and any product or service provided to you arising out of or relating to your use of the SITE.
Except as otherwise expressly provided herein or in the DM PRIVACY STATEMENT posted on the SITE, any communication or material you transmit to the SITE by electronic mail or otherwise, including any questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by DM , DM vendors, or their affiliates or related entities for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, DM , DM vendors, and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the SITE for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by DM of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
DM shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
The information described in these terms is accurate as of April 2022. The information may be changed after that date. To find out what may have changed, write us at DM, PO Box 41, Leckrone, PA 15454. Access to or use of the SITE shall not be construed as DM ’s purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the Commonwealth of Pennsylvania. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflicts of law provisions. Additionally, any claims brought against DM shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this Agreement, use of this website, or any orders placed or products purchased on SITE, shall be in the state or federal courts located in the Western District of Pennsylvania or the Fayette County Court of Common Pleas.
Copyright Distinct Media LLC
All Rights Reserved. ©
Distinct Card Services
Distinct Media LLC
PO Box 41 • Leckrone, PA 15454