Welcome to DerekGendron.com. The Terms and Conditions of Use on this page, (the “Conditions of Use”) apply to the DerekGendron website located at www.DerekGendron.com by DerekGendron.com, its subsidiaries and affiliates (collectively, the “Site”). The Site is the property of DerekGendron.com and its licensors. BY USING THE SITE, YOU AGREE TO THESE CONDITIONS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
DerekGendron reserves the right at its sole discretion, to change, modify, add or remove portions of these Conditions of Use, at any time. It is your responsibility to check these Conditions of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Conditions of Use, DerekGendron grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
1. Privacy. Your use of the Site constitutes your consent to DerekGendron.com’ privacy and security policy posted from time to time on the Site and its Terms are made part of these Conditions of Use terms by this reference.
2. Electronic Communications. When you visit DerekGendron.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. Service Mark Notice. “DerekGendron”, “DerekGendron.com” and other related marks are service marks of DerekGendron.com LLC and are protected by law. They may be used publicly only with permission from DerekGendron.com LLC. ALL RIGHTS RESERVED.
4. Copyright. All content presented and available on this site and viewed according to this Conditions of Use such as graphics, text, user interfaces, photographs, trademarks, logos, button icons, audio clips, images, digital downloads, data compilations, artwork and computer code (collectively, “Content”), including but not limited to the structure, design, coordination, selection, expression, “the look and the feel” and placement and arrangement of the Content assembled on the Site is property of, owned by, controlled or licensed by or to DerekGendron, and is protected by copyright, trade dress, patent and trademark laws, as well as other intellectual property rights and applicable unfair competition laws. Except as expressly provided in these Conditions of Use, no part of section of the Site and no Content of the Site may be altered, reproduced, uploaded, copied, republished, posted, uploaded, publicly displayed, encoded, transmitted, thumbnailed, translated or distributed in any way (including “mirroring”) to any other server, computer, Web site, parody, forum or other medium for distributor or publication or for any commercial venture, exploration or blog, without DerekGendron’s express and prior written consent.
5. Links to Other Sites and/or Materials. Links may appear on the Site that may be used to link to other Site(s). These links are provided solely as a courtesy to our Site visitors. DerekGendron.com has no control over the linked Sites or the materials, information, goods or services available or contained on these linked Sites. DerekGendron.com is not responsible for and does not endorse or warrant in any way any materials, information, goods or services available through such linked Sites or any privacy or other practices of such Sites. If you decide to access any of the linked Sites, you do so entirely at your own risk. DerekGendron.com reserves the right to terminate any link at any time.
6. Site access and License. DerekGendron.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it or any portion of it, except with express written consent of DerekGendron.com. This license does not include any commercial or retail use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any copying or downloading of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of DerekGendron.com. You may not frame or utilize framing techniques to enclose any logo, service mark, trademark or other proprietary information (including text, images, page layout, or form) of DerekGendron.com and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing DerekGendron.com’s name or trademarks or service marks without the express written consent of DerekGendron.com. Any unauthorized use terminates the permission or license granted by DerekGendron.com. You are granted a revocable, limited and nonexclusive right to create a hyperlink to the home page of DerekGendron.com as long as the link does not portray DerekGendron.com, its affiliates or their products or services in a misleading, false, derogatory, or otherwise offensive matter. You may not use any DerekGendron.com logo or other proprietary graphic or trademark as part of the link without express written permission. Downloading, printing, presenting or exhibiting the DerekGendron service mark(s) or any portion of this site constitutes a violation, all rights reserved.
7. Your Account. If you use this site, you are responsible for maintaining the confidentiality of your password and account and for restricting access to your computer. And, you agree to accept responsibility for all activities that occur under your password or account. You agree to notify DerekGendron immediately of any unauthorized use of your account or password, or any other breach of security. DerekGendron cannot and will not be liable for any loss or damage arising from your failure to strictly comply and adhere to these obligations. DerekGendron.com sells products for children, but it sells them to adults who can purchase with a credit card. If you are under 18, you may use DerekGendron.com only with involvement of a parent or guardian. DerekGendron.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
8. Prohibited Actions. You may not use any “robot”, “spider”, “deep-link process”, “scrape” or other automated or manual device, software program, mathematical algorithm or process or methodology, or any similar manual process to access, copy, replicate, acquire, monitor or watch any portion of the Site or any Content, or in any way duplicate or attempt to avoid or re-navigate, strip down or reduce the navigational structure of the Site or any Content, to acquire or attempt to acquire any materials, information, source code or versions of software through any means not purposely made available through the Site.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any DerekGendron server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not perform scanning, testing or probing of the vulnerability or performance of the Site or any service or appliance connected to the Site, nor attempt to breach or alter or influence the security or authentication measures on the Site or the server. You may not utilize tools to reverse look-up, trace or attempt to trace any information on any other user or visitor to the Site, or any other customer of DerekGendron to its source, or exploit the Site or any service, mechanism, software or glitch or information made available or offered by or through the Site, in any way where the purpose is to reveal any information from the Site, including but not limited to personal identification or information as provided for by the Site.
You agree not to take any action that imposes an excessive, unreasonable or disproportionately large load on the server of the Site or DerekGendron’s systems or networks. You agree not to use any mechanism, software, device, routine or algorithm to interfere or attempt to interfere, slow down or alter the performance, in any way, the proper working of the Site or the transactions, of any kind, being conducted on the Site. You agree not to forge headers or attempt to forge headers or otherwise alter or change identifiers in an attempt to disguise the origination of any message or packet of data you send to DerekGendron on or through the Site. You may not impersonate, pretend to be, represent or assume the identity of another individual or entity.
You may not use the Site or any Content for any purpose that could be or is determined to be unlawful or prohibited by these Conditions of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of DerekGendron or others. DerekGendron reserves the right to bar any such activity and make claims under the Computer Fraud and Abuse Act and other applicable Federal, State, local and International law.
9. Comments, Reviews, Communications and other Content. Visitors may post comments, reviews and other content; send cards and other communications; and submit ideas, suggestions, questions, comments or other information, so long as the content is not illegal, obscene, threatening, defamatory, infringing of intellectual property right, invasive of privacy or otherwise injurious to third parties or objectionable and does not consist of or contain political campaigning, software viruses, commercial solicitation, mass mailings, chain letters or any form of “spam.” You may not use a false or spoofed e-mail address, impersonate any entity or person or otherwise mislead as to the origin of a card or other content. DerekGendron.com reserves the right (but not the obligation) to remove or edit such content, however, DerekGendron.com does not regularly review posted content.
If you do submit material or post content and unless we indicate otherwise, you grant DerekGendron.com and its affiliates a nonexclusive, perpetual, royalty-free, irrevocable and fully sublicensable right to use, modify, reproduce, publish, adapt, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant DerekGendron.com and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You warrant and represent that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify DerekGendron.com or its affiliates for all claims resulting from content you supply. DerekGendron.com has the right but not a obligation to monitor and edit or remove any activity or content. DerekGendron.com assumes no liability for and takes no responsibility for any content posted by you or any third party.
10. Risk of Loss. All products purchased from DerekGendron.com are made and shipped pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the shipment carrier.
11. Descriptions of Products. DerekGendron.com and its affiliates attempt to be as accurate as possible to our customers. However, DerekGendron.com does not warrant that product descriptions or other content of this site is current, accurate, complete, reliable or error-free. If a product offered by DerekGendron.com itself is not as described, your sole remedy is to return it in unused condition.
12. Pricing. Unless posted differently, the List Price displayed for products at DerekGendron.com represents the full retail price listed on the product itself suggested by the manufacturer or supplier, or estimated in accordance with industry practice. The Price is a comparative price estimate and may not or may represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set.
With respect to items sold by DerekGendron.com, we cannot confirm the price of an item until you order. Occasionally, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following:
a) If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item.
b) If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
13. Modification of Terms and Conditions of Use. DerekGendron.com reserves the right to revise these Terms and Conditions of Use at any time by updating this posting. Your continued use of the Site constitutes your agreement to comply with such revisions, so you should visit this page from time to time.
14. Email May Not Be Used to Provide Notice. Communications made through the Site’s email and messaging system shall in no way be deemed to constitute legal notice to DerekGendron.com or any of its officers, employees, agents or representatives, such as where notice to DerekGendron.com is required by contract, or any federal, state or local law.
15. Disclaimer; Limitation of Damages. DerekGendron DOES NOT PROMISE THAT THE SITE OR ANY CONTENT IN THE SITE, PRODUCT, SERVICE OR FEATURE OF THE SITE WILL BE FREE OF ALL ERRORS OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE IMMEDIATELY CORRECTED OR CORRECTED AT ALL, OR THAT YOUR USE OF THE SITE WILL PROVIDE ANY SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND ON A “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE AT ANY TIME AND WITHOUT NOTICE. DerekGendron DOES NOT ENSURE THAT ANY FILES OR DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. DerekGendron DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF PERFORMANCE, ACCURACY, NON-INFRINGEMENT, ACCESSIBILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DerekGendron DISCLAIMS ALL AND ANY LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF OUR STAFF, CONTRACTORS, VENDORS AND ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY DerekGendron PRODUCTS AND SERVICES. YOU, THE END-USER VOLUNTARILY ASSUME TOTAL RESPONSIBILITY FOR YOUR CONTINUED USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST DerekGendron FOR ANY LEVEL OF DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO IMMEDIATELY DISCONTINUE USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A IMPORTANT PART OF THE BARGAIN BETWEEN THE PARTIES AND UNDERSTOOD BY ALL BY THE USE OF THE SITE.
The above disclaimer applies to any liability, injury, or damages caused by any failure to perform, defect, delay, error, interruption, omission, interruption, deletion in operation or transmission, virus, network outage, network delay, server interruption, communication failure, destruction, theft or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
DerekGendron reserves the right at any time without notice, to: (a) to suspend, change or end operation of or access to this Site, or any portion of this Site, for any reason; (b) to edit or change this Site, or any segment or selection of this Site and the content of this Site, and any applicable terms and policies; and (c) to end or terminate the operation of this Site, or any portion of this Site for any period of time, as necessary to perform any maintenance, corrections, or any other changes.
16. Governing Law; Venue. Dispute Resolution. DerekGendron.com operates the Site from its offices in Michigan and and while the Site is accessible worldwide, DerekGendron makes no representations that materials, products or services in the Site are appropriate or available for use in other locations. Any offer for any product or service made on the Site is void where prohibited. If you make the choice to access the Site from outside the United States you do so by your own choice and you are solely responsible for complying with applicable local laws. You agree that all concerns relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Michigan without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Kent County, Michigan and waive any objection to such jurisdiction or venue. Any and all claim or claims under these Conditions of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between DerekGendron and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any dispute within a reasonable time (thirty (30) days or less), then either party may submit such dispute to mediation. If the dispute cannot be resolved successfully through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
17. Returned check(s). You may not publish a check or written endorsement for payment, either electronically or in paper format where said payment is returned as “unpaid”. You agree to pay a $35 USD fee, payable to DerekGendron for each incident of a check “bouncing” (i.e. for each stamp of NSF, Account Closed, Stop payment, Unpaid, No Account). The Site reserves the right to list the customer’s name, address, telephone and identifying information may be listed on an international check fraud database available to all online merchants. The Site further reserves the right to terminate access to the Site, content and shipment of any products or services until such time as the remedy of any outstanding monies due to the Site. You may not receive property or services without tending payment. You agree to submission of your personal data and information to Michigan and your local authorities, the F.B.I., the U.S. Secret Service, Postal Inspectors, other investigators and Interpol at anytime that a check or payment has been returned as unpaid. DerekGendron prosecutes all incidents of theft of services, theft of products, deception, and fraud.
18. Chargebacks; Payment Reversals. You may not utilize a payment method, either by credit card, Paypal, Google Checkout, bank wire or transfer of funds where said payment is returned as “unpaid”. You agree to pay a $75 USD administrative and research fee for any return of payment, returned to DerekGendron as unpaid. You agree that even if the chargeback or reversal of the payment is a mistake, the cost of handling the claim and merchant fees by DerekGendron make this a necessity. This administrative and research fee is in addition to any applicable fees and monies due. You agree that should this charge not be honored by your payment services company, your personal information may be listed with a credit reporting agency and listed on your credit report as well as listed with a collection attorney. The Site reserves the right to list the customer’s name, address, telephone, IP address and other personally identifying information may be listed on an international chargeback offender database available to all online merchants. The Site further reserves the right to terminate access to the Site, content and shipment of any products or services until such time as the remedy of any outstanding monies due to the Site. You may not receive property or services without tending payment. You agree to submission of your personal data and information to Michigan and your local authorities, the F.B.I., the U.S. Secret Service, Postal Inspectors, other investigators and Interpol at anytime that a check or payment has been returned as unpaid. DerekGendron prosecutes all incidents of theft of services, theft of products, deception, and fraud.
19. Our Address.
Grand Rapids, MI 49588
20. Procedure and Notice for Making Claims of Copyright Infringement – DMCA Notice
If you have a copyright infringement concern, please provide DerekGendron.com’s agent the written information as required below to the Attention of the Copyright Agent address provided above in Item. Please note that this procedure is exclusively for notifying DerekGendron.com that your copyrighted material has been infringed.
- An physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Description of the copyrighted work claimed to be infringed upon;
- Description of where the material that you claim is infringing is located on the site, including the item number, if applicable;
- Address, telephone number, and e-mail address of person making claim;
- Statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- Statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
21. Trademarks; Manufacturers Logos and Slogans: DerekGendron and DerekGendron.com or its parent company and affiliates have no affiliation with the respective product manufacturers whose products we sell. Images of any and all products and the products and manufacturers’ trademarks have been used for display purposes only. All company and manufacturer names, slogans and brands remain trademarks and/or registered trademarks of the respective companies and or manufacturers.