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Terms & Conditions of Use

Terms & Conditions of Use

DeHaus, Inc. Terms & Conditions of Use

Last Updated: 11/05/2014

Introduction

Welcome to www.dehaus.biz. This website is owned and operated by DeHaus, Inc. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following Terms & Conditions of Use of this website (hereafter referred to as 'Terms & Conditions of Use'), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

We reserve the right to change these Terms & Conditions of Use from time to time. We will post the revised Terms & Conditions of Use on this page with last update listed. You acknowledge and agree that it is your responsibility to review these Terms & Conditions of Use periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified Terms & Conditions of Use.

Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) these Terms & Conditions of Use, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Payments 

DeHaus, Inc. has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by DeHaus, Inc. prior to the latter’s acceptance of an order. Unless credit term has been agreed upon, payment for the products shall be made by your choice of credit card options, through our secure payment gateway Stripe. If this payment method does is not suitable; please contact us at info@dehaus.biz to arrange another payment method.

Taxes

Taxes will be calculated based on the laws of the jurisdiction in which the product is scheduled to be delivered.

 

Use of the site & PROHIBITIONS

a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.

c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited.

d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources (other than pursuant to specific rights granted to you in writing with respect to products or services) is strictly prohibited.

f. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc.

h. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

  • Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
  • Infringes on any trademark, patent, trade secret, copyright, other proprietary right or privacy rights of any party;
  • Contains any type of unauthorized or unsolicited advertising;
  • Impersonates any person or entity, including any DeHaus, Inc. employees or representatives.

i. We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with these Terms & Conditions of Use, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any rights of any third party. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

j. We do not assume any liability for any content posted by you or any other third party users of our website. However, any content posted by you using any open communication tools on our website, provided that it does not violate or infringe on any third party rights, becomes the property of DeHaus, Inc., and as such, DeHaus, Inc. shall have the perpetual, irrevocable, worldwide, royalty-free, exclusive right to reproduce, modify, adapt, translate, publish, publicly display and/or distribute any such content as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process necessary in order to use our Resources. All information provided as part of our registration process is covered by our Privacy Policy.

k. You agree to indemnify and hold harmless DeHaus, Inc., affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms & Conditions of Use or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms & Conditions of Use. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Privacy

Your privacy is very important to us, which is why we have created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our Privacy Policy is included under the scope of these Terms & Conditions of Use. To read our Privacy Policy in its entirety, click here Privacy Policy.

Limitation of Warranties

By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:

i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:

v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from DeHaus, Inc. or through any Resources we provide shall create any warranty, guarantee, or obligations of any kind, except for those expressly outlined in these Terms & Conditions of Use.

Limitation of Liability

In conjunction with the Limitation of Warranties explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. DeHaus, Inc. will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Copyrights/Trademarks

All content and materials available on www.dehaus.biz, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of DeHaus, Inc., and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by DeHaus, Inc. DeHaus, Inc. owns several trademarks, including but not limited to, DeHaus, “CHAP-STYLE” Knee Pad System, “FLEX-FIT” Welding Cap, Protection You Need… Comfort You Deserve!, and the DeHaus Element Icons and Series Logo’s.

Typographical Errors

Despite our tireless efforts, DeHaus, Inc. cannot guarantee that our Website will be completely free of errors and/or misleading information. In the event of an error or other content related issue, DeHaus, Inc. reserves the right to correct such error without notification. In the event that a DeHaus Performance Work Gear product is mistakenly listed at an incorrect price, DeHaus, Inc. reserves the right to refuse or cancel any orders placed for the product(s) listed at the incorrect price. DeHaus, Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, DeHaus, Inc. shall issue a ‘Refund’ to your credit card account in the amount of the order of the product listed at an incorrect price. 

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Severability

In the event that one or more of the provisions of DeHaus, Inc.’s Terms & Conditions of Use is regarded as unenforceable, the remaining provisions will continue to be in place and enforced to the greatest extent of the law.

Force Majeure

DeHaus, Inc. shall not be liable to Customer or any third party if DeHaus, Inc. fails to fulfill an order by a specific date if such failure is caused by supply shortage or an event of Force Majeure. “Force Majeure” includes, without limitation, an event caused by or resulting from an act of God; labor strike, lockout or other industrial disturbance; war (declared or undeclared); riot; epidemic; fire, flood, earthquake or other natural disaster or catastrophe; act of any government; and any other similar cause which is not within a party’s control.

Governing Law

This website is controlled by DeHaus, Inc. from our office located in the State of Wisconsin, USA. It can be accessed by most countries around the world. As each jurisdiction has laws that may differ from those of Wisconsin and the United States, by accessing our website, you agree that the statutes and laws of Wisconsin and the United States, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce these Terms & Conditions of Use shall be brought in the state courts located in Columbia County, Wisconsin, U.S.A., and each party agrees to waive any objections to personal jurisdiction and venue in the United States District Court for the Western District of Wisconsin and is headquartered in the Robert Kastenmeier Federal Courthouse in downtown Madison, Wisconsin.

Warranties

DeHaus, Inc will replace any product, if found to be defective, in accordance with our Return & Exchange Policy. If you would like to exchange a defective product please process a ‘Return Request’ from your ‘Account’ or call us to arrange the details of the return within Thirty (30) days of the date of purchase.

This limited warranty is non-transferable. EXCEPT FOR THIS LIMITED PRODUCT WARRANTY, DeHaus, Inc. MAKES NO WARRANTY, REPRESENTATION, GUARANTEE OR CONDITION RESPECTING ANY PRODUCT, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PURPOSE AND ANY SUCH WARRANTY, REPRESENTATION, GUARANTEE OR CONDITION IS EXCLUDED. DeHaus, Inc.’s SOLE RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO RETURN AND REFUND or EXCHANGE as stated in our RETURN AND EXCHANGE POLICY which can be found in the POLICY’S sections of our website.

Limitation of Liability - IN NO EVENT WILL DeHaus, Inc. BE LIABLE TO A CUSTOMER FOR ANY SPECIAL, DIRECT, INDIRECT CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES, INJURY, COSTS OR EXPENSES OF ANY NATURE RELATED TO THE USE OR MISUSE OF ANY OF ITS PRODUCTS. DeHaus, Inc TOTAL LIABILITY FOR ANY CLAIMS, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE SHALL BE LIMITED TO THE PRICE OF SUCH PRODUCT.

By way of explanation, you understand that welding is an inherently dangerous activity and you understand the risks involved. If you hurt yourself or others while using or misusing any product, you are solely responsible for your actions and alone are liable for any and all damages. You agree to hold harmless DeHaus, Inc. from any liability resulting from the use of such products.

We will assume that if you order products from us, you have read the above, understand and agree to it. If you are a minor, then your parents or guardians have read, understand and agree to this warranty and are solely responsible for your actions.

Contact Information

If you have any questions or comments about our Terms & Conditions of Use as outlined above, you can contact us at:

DeHaus, Inc.
1W6217 State Road 33
Pardeeville, Wisconsin 53954 U.S.A.
Email:  info@dehaus.biz
Phone:  (608) 697-0699