Dirt Betty®
TERMS OF SERVICE
DIRT BETTY, LLC
PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. PLEASE DO NOT USE THIS WEBSITE IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THE TERMS.
All users of this site agree that access to and use of this website are subject to the following terms and conditions and any other applicable law. If you do not agree to these terms and conditions we ask that you simply do not use this site.
ALL RIGHTS ARE RESERVED
Permission is granted to electronically copy and print hard copy portions of this site for the limited sole purpose of placing an order with DIRT BETTY and/or purchasing DIRT BETTY products. You are granted permission to display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the website solely for your own non-commercial use, or to place an order with DIRT BETTY and/or to purchase DIRT BETTY products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited without prior written consent from DIRT BETTY. You further agree not to change or delete any proprietary notices from information or materials downloaded from the website.
COPYRIGHT
The entire content included in this website (www.dirtbetty.com) including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of DIRT BETTY, LLC (hereinafter “DIRT BETTY”).
TRADEMARKS
All trademarks, service marks and trade names of DIRT BETTY used herein (including but not limited to the DIRT BETTY, LLC name, the name DIRT BETTY, the DIRT BETTY “BUTTERFLY” LOGO and/or the DIRT BETTY “FONT LOGO”, any/or combination thereof, and 100% of the designs on its PRODUCTS) are trademarks or registered trademarks of DIRT BETTY, LLC.
DISCLAIMER
THIS WEBSITE AND THE MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DIRT BETTY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DIRT BETTY™ DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USERS OF THE WEBSITE DO SO AT THEIR OWN RISK. DIRT BETTY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. DEPENDING ON THE CIRCUMSTANCES THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY DIRT BETTY SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS SOLD HEREIN, EVEN IF DIRT BETTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER USES THE PRODUCTS AT THEIR OWN RISK. CERTAIN APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO, DEPENDING ON THE CIRCUMSTANCES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TYPOGRAPHICAL ERRORS
Hey, we are human too. In the event a DIRT BETTY product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers or other third-party, DIRT BETTY shall have the right to refuse or cancel any orders placed for the specific product listed at the incorrect price. DIRT BETTY shall have the right to refuse or cancel any such orders whether or not the order has been confirmed by DIRT BETTY and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, DIRT BETTY shall issue a credit to your credit card account in the amount of the incorrect price. Essentially DIRT BETTY will provide you with the applicable refund so long as the product has not already been shipped or otherwise provided to the customer.
ORDERING PRODUCTS POWERED BY THIRD PARTY
Unless otherwise designated, all products are designed by DIRT BETTY but are printed and shipped by Teespring, Inc. aka Spring.com ("Spring). DIRT BETTY owns the domain www.dirtbetty.shop however, that domain is linked to the Sping e-commerce platform. Unless otherwise designated, Spring is solely responsible for printing and shipping your products. Similarly, Spring has their ownTerms of Service and Privacy Policy. If you have an issue with your order, please refer to the FAQs, Buyer Contactinformation, and Order Tracking links on the Spring website. Notwithstanding the forgoing, if you have any issue with the quality of products you receive, please contact us and let us know about it. If our vendor is not providing you quality products, we want to know about it.
TERM/ TERMINATION
These terms and conditions are applicable to you upon your accessing the website and/or completing the registration or shopping process on the website. These terms and conditions, or any of them, may be modified or terminated by DIRT BETTY without notice at any time for any reason. Users of the website are encouraged to review the terms and conditions from time to time to keep up to date about the provisions they are agreeing to. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
NOTICE
DIRT BETTY may deliver any appropriate notice to you by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in DIRT BETTY's customer records.
MISCELLANEOUS
Your use of this website, and therefore this Agreement, shall be governed in all respects (regardless of conflicts of law principles) by the laws of the state of Arizona, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Any dispute arising out of or relating to this Agreement shall be subject to the exclusive venue of the federal and state courts in the State of Arizona, in connection with the DIRT BETTY website or this Agreement. The failure of DIRT BETTY to exercises or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of DIRT BETTY or you to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Furthermore, DIRT BETTY may assign its rights and duties under this Agreement to any party at any time without notice to you.
USE OF SITE
Harassment in any manner or form on the site (including via e-mail and chat) or by obscene or abusive language is strictly forbidden. Impersonation of others, including a DIRT BETTY or other licensed employee, host, or representative as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
PARTICIPATION DISCLAIMER
DIRT BETTY does not and cannot review all communications and materials posted to the website or created by users accessing the website and is not in any manner responsible for the content of these third-party communications and/or materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the site, DIRT BETTY is merely acting as a neutral conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, DIRT BETTY reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to DIRT BETTY at its sole discretion. You will not be provided notice for any such removal or blocking.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless DIRT BETTY, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the website using your Internet account.
THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, DIRT BETTY may choose various third-party web sites to link to from its own site. However, even if the third party is affiliated with DIRT BETTY, DIRT BETTY has no control over these linked sites, all of which have separate privacy and data collection practices, independent of DIRT BETTY. DIRT BETTY encourages you to review the privacy and data collection terms on any third-party linked websites for your own knowledge and safety. DIRT BETTY assumes no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. The links to third-party sites are only for your convenience and therefore you access them at your own risk. This does not mean that DIRT BETTY is not concerned about the contents and links on the website. DIRT BETTY desires to protect the integrity of its website and the links placed upon it. Based on the foregoing, DIRT BETTY requests feedback from its users (you) not only its own website, but for sites it links to as well (including if a specific link does not work or is otherwise causing problems).