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Policies, Terms and Conditions:
 
Copyright and Trademark Notice  by 
Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of this Store., Copyright © 2006, ALL RIGHTS RESERVED.  You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
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Credit Cards  by 
We accept the following credit cards: Visa, MasterCard,  and Discover. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order. Your credit card will be billed upon shipment of your order.
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Links  by 
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we're not responsible for the operation of or content located on or through any such site.
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Money Orders, Cashier’s Checks, Company Checks, & Personal Checks  by 
We accept money orders, cashier’s checks, personal checks, and company checks in U.S. Dollars only. Orders are processed upon receipt of a money order or cashier’s check. For personal and company checks, please allow up to 10 banking days after receipt for clearance of funds before the order is processed. We cannot guarantee the availability of a product by the time funds clear or payment is received. We will charge a $25 fee on all returned checks.
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Multiple Product Orders  by 
For a multiple product order, we will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.
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Order Acceptance Policy  by 
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Sample Store reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.
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Other Conditions  by 
These Conditions will supersede any terms and/or conditions you include with any purchase order, regardless of whether Sample Store. signs them or not. We reserve the right to make changes to this site and these Conditions at any time.
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Out-of-Stock Products  by 
We will ship your product as it becomes available. Usually, products ship the same day if ordered by 5:00PM  , or by the next business day if your order is received after this time and for orders received on Saturday, Sunday or any major holiday. However, there may be times when the product you have ordered is out-of-stock which will delay fulfilling your order. We will keep you informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. You may cancel your order at any time prior to shipping.
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Privacy  by 
We keep your personal information private and secure. When you make a purchase from our site, you provide your name, email address, credit card information, address, phone number, and a password. We use this information to process your orders, to keep you updated on your orders and to personalize your shopping experience.

Our secure servers protect your information using advanced encryption techniques and firewall technology.

To keep you informed about our latest offers, we may notify you of current promotions, specials and new additions to the Sample Store site. You may unsubscribe from our newsletters by following the unsubscribe instructions in any email you receive from us.

When entering any of our contests or prize drawings, you provide your name, email address and mailing address. If you win, we will send the prize to the address entered and notify you by email. When you enter a contest or drawing you are also included in our newsletter list to receive notice of promotions, specials and new additions to the Sample Store site. You may unsubscribe from this news list by following the unsubscribe instructions in any email received.

We use "cookies" to keep track of your current shopping session to personalize your experience and so that you may retrieve your shopping cart at any time.

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Privacy on Other Web Sites  by 
Other sites accessible through our site have their own privacy policies and data collection practices. Please consult each site's privacy policy. Our Store is not responsible for the actions of third parties.
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Privacy Policy  by 

Welcome to Dio Cancer Fund Webstore!
We know you’re concerned about protecting your privacy online. This Privacy Policy explains what information we collect about you and how we use that information.

In this Privacy Policy, “Website” means the Website associated with the domain name http://diocancerfund.org or http://diocancerfund.org or diocancerfund.3dcartstores.com “The Services” means all the services offered in conjunction with the Website. The term “Personal Data” refers to personally identifiable information about you, such as your full name, birth date, e-mail address or mailing address, phone number and any other information that can be used to identify or contact you.

By using Dio Cancer Fund Webstore Website, you consent to the practices outlined in this Privacy Policy. Dio Cancer Fund Webstore reserves the right to change this Privacy Policy, and if we do, any such changes will be included on this page so current privacy information will always be available to you. We encourage you check this page periodically.

No Collection of Personal Data from Children under 13. We recognize the need to provide additional privacy protections for the Personal Data of children under 13. The Children’s Online Privacy and Protection Act (“COPPA”) requires general audience website operators to obtain a parent’s prior consent if they are knowingly collecting, using or disclosing any Personal Data from a child under 13. Dio Cancer Fund Webstore Website are not directed to or intended to be used by children under 13 (or under 18 for that matter), and Dio Cancer Fund Webstore does not knowingly collect, use or disclose any Personal Data from children under 13. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at info@diocancerfund.org This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Personal Data Collected. The only Personal Data Dio Cancer Fund Webstore currently collects through Dio Cancer Fund Webstore Website is the Personal Data that you voluntarily provide to Dio Cancer Fund Webstore. For example, all users must first create a member account in order to access certain features of Dio Cancer Fund Webstore Website. To create the account, you must enter Personal Data, such as your full name and email address. Users must also enter Personal Data, such as full name, address, phone number, email address, and credit card information to make a donation on the website. Users of the partner profile features on Dio Cancer Fund Webstore Website may also enter Personal Data to create a partner profile page. The information on the partner profile page and the user profile, including any Personal Data, will also be available to other users of Dio Cancer Fund Webstore Website.

Non-Personal Data Collected. Other data that does not qualify as Personal Data because it cannot be used to contact or identify you (“Non-Personal Data”) may also be collected when a user participates in certain features of Dio Cancer Fund Webstore Website, or may be automatically collected about you.

For example, Dio Cancer Fund Webstore uses technology to automatically collect Non-Personal Data about the use of Dio Cancer Fund Webstore Website. This technology is used to track things like how many users access Dio Cancer Fund Webstore Website, the date and time of their visits, the length of their stays, and which pages they view. Dio Cancer Fund Webstore may also use technology to determine which web browsers users use and the address from which they accessed the Website. The information collected using this technology does not identify any user personally and is thus all Non-Personal Data that simply enables Dio Cancer Fund Webstore to compile statistics about users and their use of Dio Cancer Fund Webstore Website.

Dio Cancer Fund Webstore uses this Non-Personal Data and may share it with third parties to improve the content and functionality of Dio Cancer Fund Webstore Website, to better understand our customers and markets, and to improve our products and services. We may also use this information to provide you with targeted advertising, so that the advertisements you may see on Dio Cancer Fund Webstore Website are of more interest to you.

Cookies. We may store certain information from your web browser using “cookies.” A cookie is a piece of data stored on the user’s computer tied to information about the user. We may use session-ID cookies to confirm that users are logged in. These cookies would terminate once the user closes the web browser. We may also use persistent cookies that store certain Personal Data you already provided to us to make it easier for you to log back in to Dio Cancer Fund Webstore Website or access your partner profile. Cookies are used as a convenience feature for the user. You can remove or block cookies using the settings in your browser if you want to disable them; however, you may not be able to use all of the features of the Website if cookies are disabled.

Use of Personal Data Collected. Dio Cancer Fund Webstore uses the Personal Data collected on the Website to provide you with the requested Services. If you enter Personal Data to create a member account, for example, that Personal Data will be used to create your account and allow that user to access certain features of Dio Cancer Fund Webstore Website. If you enter Personal Data to create a partner profile page, that Personal Data will be available to other users of Dio Cancer Fund Webstore Website on your partner profile page. If you enter Personal Data to complete an online donation, that Personal Data will be used to complete your donation and contact you with any questions related to that donation.

Dio Cancer Fund Webstore may also use the Personal Data to contact you for a variety of reasons, such as but not limited to notifying you about upcoming events, offering you additional products or services, or requesting your feedback on Dio Cancer Fund Webstore Website. If you wish to opt-out of these contacts, you can let us know by following the “unsubscribe” instructions that accompanied the contact email, or by contacting us at info@diocancerfund.org This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Even if you opt-out of certain contacts, Dio Cancer Fund Webstore may still contact you about any problems or issues with your personal account, partner profile page or user profile.

Disclosure of Personal Data Collected. Dio Cancer Fund Webstore may disclose Personal Data to third parties when (a) it is reasonably necessary to provide you with the Services, (b) you have authorized the disclosure, or (c) if required or authorized to do so by law.

For example, when you choose to use the partner profile social networking features of Dio Cancer Fund Webstore Website, it is necessary for Dio Cancer Fund Webstore to disclose the information on your personal profile page and your user profile information, including Personal Data, to other users of Dio Cancer Fund Webstore Website. Without disclosure of this information, no one could contact you and there would be no social networking feature. Any User Content (as defined in the Terms of Use) you post to Dio Cancer Fund Webstore Website will also be available to other users. By participating in the social networking features, you are also giving Dio Cancer Fund Webstore permission to include you in its RSS feed features, which allow other users to get updates on your partner profile page and user profile. You use the partner profile social networking features and post User Content at your own risk. Dio Cancer Fund Webstore is not responsible for security or privacy breaches that may result from your use of the partner profile social networking features or posting User Content to Dio Cancer Fund Webstore Website.

Dio Cancer Fund Webstore may also disclose Personal Data to third parties if a user has requested that Dio Cancer Fund Webstore do so. Dio Cancer Fund Webstore Website may offer users opportunities to request disclosure of Personal Data to third parties. For example, users may have the ability to request through Dio Cancer Fund Webstore Website that certain third parties send them information. In that case, Dio Cancer Fund Webstore would disclose the user’s full name and email address or mailing address so that the third party can send the user the requested information.

Dio Cancer Fund Webstore may also disclose Personal Data to its affiliates, contractors and partners, who will use the Personal Data in compliance with this Privacy Policy. We may sell, rent, give or otherwise share your personal information with Dio Cancer Fund Webstore's successors, assigns, affiliates and other related third parties. Dio Cancer Fund Webstore may also disclose Personal Data if required or authorized to do so by law.

Security Measures. Dio Cancer Fund Webstore uses industry standard security measures to protect your Personal Data. While such security measures provide reasonable protections against unauthorized access, they provide no guarantee that your Personal Data will not be compromised.

Links to Other Website. This Privacy Policy applies only to Personal Data collected on Dio Cancer Fund Webstore Website. Dio Cancer Fund Webstore Website may contain hyperlinks to websites that are not operated by Dio Cancer Fund Webstore. These hyperlinks are provided for your reference and convenience only and do not imply any endorsement of the activities of these third-party website or any association with their operators. Dio Cancer Fund Webstore does not control these websites and is not responsible for their data practices. We urge you to review the privacy policy posted on any website you visit before using the website or providing any Personal Data about yourself.

Questions About Our Privacy Policy. If you have any questions about this Privacy Policy or concerns about the way Dio Cancer Fund Webstore processes your Personal Data, please contact us at info@diocancerfund.org This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

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Returns  by 
We will gladly accept the return of products that are defective due to defects in manufacturing and/or workmanship for 30 days from the date of purchase. Fulfillment mistakes that we make resulting in the shipment of incorrect product to you will also be accepted for return 30 days from the date of purchase.
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Shipping Policy  by 
Shipping Time -- Most orders received before 5:00PM will ship the same day, provided the product ordered is in stock. Most orders received after 5:00 PM will ship the next business day. Orders are not processed or shipped on Saturday or Sunday, except by prior arrangement.

We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by Sample Store or other parties only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability.

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Shipping Policy.  by 

Shipping Policy

 

Shipping charges for each order are calculated using a real time web application based on the weight and size of the box required for safe shipment, as well as the destination and shipping method. After entering the products into the shopping cart, a box is provided to enter the zip code of the "ship to" address to calculate shipping charges. Sales tax is only collected for shipments within the state of California. Tax Rates are updated in accordance with local and state law.

 

Standard processing time is 24-48 hours but may be as long as 7-10 days. Processing or shipping time may be delayed due to issues with payment authorization, mail blackout days, or availability of product.  Offline Payments such as checks and money orders are subject to an additional 21 days processing time. Domestic shipping within the US may average 2-7 days after processing.  International shipping may average 6-21 days after processing for Priority Mail International®  and 3 to 6 weeks after processing for First-Class Mail International®. Delivery time varies by destination.  Dio Cancer Fund Webstore is not responsible for delays or loss during shipping due to incomplete, incorrect or unsecured addresses.  Dio Cancer Fund Webstore complies with all Customs forms and formats in order to insure that your package travels safely.  All Customs fees are paid for by the consumer.

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Store Policy  by 

The Dio Cancer Fund Webstore values your patronage and respects your privacy.

The merchant name that will appear on your credit card statement or PayPal statement is: Ronnie James Dio Stand Up And Shout Cancer Fund.


We accept the following payment types:

Visa®
MasterCard®
American Express®
PayPal®


Paying by Credit Card:

Please provide the "bill to" address exactly as it appears on your credit card billing statement. During our online real time authorization process we will validate that the "Bill to" information you provided matches the information on file with your credit card issuing company. The processing of your order may be declined or delayed if we cannot verify the "bill to" information or the information does not match the address information on file.  If your credit card is declined during checkout, please verify that you have provided your billing information correctly.  Multiple checkout attempts may cause your credit card company to place multiple authorization holds against your credit card's available credit line.


Paying by PayPal:

Once you have chosen Pay Pal, the checkout processes will lead you into your Pay Pal account. Please follow through by logging in and completing the transaction. Failure to do so will keep your order as incomplete


Paying by Check or Money Order

Check or Money Order payment must be received within 7 days of online Domestic US orders, 14 days for International orders or order will be canceled. Checks and Money Orders should be made out to “Niji Entertainment Group, Inc”  Orders paid by Check will incur an additional 21 days of processing time before shipping for payment verification.  Please mail Checks or Money Orders to:

Dio Cancer Fund Webstore

Attn: Customer Service
4131 W Vanowen Place
Burbank, CA 91505




Sales Tax Applies Only To Orders Made From California: CURRENT CA TAX: 9.00%


Order Processing

Standard processing time averages one to two business days, but may be as long as 7-10 days. Processing or shipping time may be delayed due to issues with payment authorization, mail blackout days, or availability of product.  Offline Payments(checks, money orders) are subject to an additional 21 days processing time. Domestic shipping within the US may average 2-7 days after processing.  International shipping may average 6-21 days after processing.  Dio Cancer Fund Webstore is not responsible for delays or loss during shipping due to incomplete, incorrect or unsecured addresses.  Dio Cancer Fund Webstore complies with all Customs forms and formats in order to insure that your package travels safely.  All Customs fees are paid for by the consumer.



Customer Service

For questions or concerns not answered within the Shipping Rates, Returns and Exchanges and Store Policies sections of the website, contact Customer Service:

 


Please add info@diocancerfund.org to your address book as Customer Service may contact you via the email address provided during your transaction if more information is needed to process or complete your order.

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Taxes  by 
Our Store shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the same state. For orders shipped to other states, you are solely responsible for all sales taxes or other taxes.
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Terms of Use  by 

Terms of Use

 

1. Acceptance of Terms: Welcome to Dio Cancer Fund Webstore By using our Website you agree to be bound by these “Terms of Use.”

 

2. Definitions: In these Terms of Use: “Website” means the website associated with the domain name http://diocancerfund.org  / diocancerfund.3dcartstore.com or http://diocancerfund.org  / diocancerfund.3dcartstore.com. “The Services” means all the services offered in conjunction with the Website.

 

3. Description of Services: Dio Cancer Fund Webstore provides a wide range of Services including but not limited to access to information on apparel products, printed materials, events calendars, blogs, comments, donations, subscriptions, partner profiles and user account services. Any new features added to the Services will also be subject to these Terms of Use, as they may be occasionally modified. Please review these Terms of Use from time to time so that you will be aware of any changes.

 

Although we will attempt to notify our users of significant changes to the Services or Terms of Use, we may modify the Services or Terms of Use for any reason, and without notice. We may also terminate the Services with or without notice, and without liability to you, any other user, or any third party.

 

4. Your Obligations: You are responsible for obtaining access to the Website and for paying any fees involved in obtaining that access (such as Internet service provider or airtime charges and the cost of the equipment you use to access the Website).

 

As a user of the Services, you agree to not use the Services to:

 

 A. post, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

B. harm minors in any way;

C. impersonate any person or entity, including, but not limited to, an official of Dio Cancer Fund Webstore, or falsely state or otherwise misrepresent your affiliation with a person or entity;

D. disguise the origin of any material posted on or transmitted by Dio Cancer Fund Webstore;

E. post, transmit or otherwise make available any material that you do not have a right to make available or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

F. post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;

G. post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

H. “stalk” or otherwise harass another; or

I. collect or store personal data about other users.

 

 5. Privacy Policy: Registration Data (as defined below) and any other information we collect about you is subject to our Privacy Policy.

 

6. Member Account, Password and Security: If you create an account on the Website, you will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (your “Registration Data”); (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; (c) immediately notify Dio Cancer Fund Webstore of any unauthorized use of your password or account or any other breach of security; and (d) ensure that you exit from your account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Dio Cancer Fund Webstore has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Dio Cancer Fund Webstore has the right to suspend or terminate your account and refuse your use of the Services. Your Registration Data will be kept confidential as provided in our Privacy Policy.

 

7. Partner Profiles and Social Networking: You may create a partner profile page on the Website, including a user profile and any other information you choose to post on the page. By creating a partner profile page, you acknowledge and agree that other users of the Website can access and view your user profile and other information, including any Personal Data (as defined in the Privacy Policy) and User Content (as defined below) on the page. You also acknowledge and agree that other users may interact with you on the page, and may subscribe to RSS feeds about your page, where users will be updated regarding your activity on the page. You can change or delete information on your partner profile page at any time, however, please be aware that any information or material posted to the Website may still be available on archived pages or stored on other users’ pages even after you delete that information or material from your page. You participate in the partner profile features of the Website at your own risk. Dio Cancer Fund Webstore is not responsible for security or privacy breaches or the actions of other users or third parties related to your use of the partner profile features of the Website.

 

8. User-Generated Content: You may post user-generated content, such as comments, photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, and videos (“User Content”) on the Website. You will remain the owner of the User Content. By posting User Content, you grant Dio Cancer Fund Webstore an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, edit, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. For example and without limiting the foregoing, by posting comments to any portion of the Website, you grant Dio Cancer Fund Webstore the right to use, copy, edit, highlight, feature, distribute, and display those comments or any portion thereof on the Website and in promotions thereof in any manner and for any purpose. By posting User Content, you represent and warrant that you have the right to post the User Content, that no third party rights will be violated by such posting, and that you have the right to grant Dio Cancer Fund Webstore the rights granted herein.

 

9. Services and Information Provided “As Is.” You understand and agree that the Services are provided “As Is” and that Dio Cancer Fund Webstore assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communication, information, or configuration.

 

You understand that you, and not Dio Cancer Fund Webstore, are entirely responsible for all material that you post, transmit or otherwise make available through the Services. Dio Cancer Fund Webstore does not review or control the material that others post, transmit or otherwise make available through the Services, and accordingly Dio Cancer Fund Webstore does not guarantee the accuracy, integrity or quality of such material.

 

You acknowledge that although Dio Cancer Fund Webstore does not review material posted on, transmitted or otherwise made available through the Services by others, Dio Cancer Fund Webstore and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any material that is available through the Services, at any time and for any reason.

 

10. Use of the Services in Other States and Countries: You agree to comply with all local rules regarding online conduct and content.

 

11. Dio Cancer Fund Webstore Intellectual Property: Dio Cancer Fund Webstore (or its licensor) is the owner of all Website content —graphics, text, trademarks and other elements—including all copyrights, trademark rights and other intellectual property rights embodied therein. Dio Cancer Fund Webstore content and other materials may not be used, reproduced, distributed, displayed, reprinted or retransmitted in whole or in part without the express written consent of Dio Cancer Fund Webstore, except that the foregoing does not apply to your own User Content (as defined above) that you legally post on the Website, and is not intended to prevent any “fair use” of the content under U.S. Copyright Law.

 

12. Third Party Intellectual Property: Dio Cancer Fund Webstore respects the intellectual property rights of others. We will respond promptly to remove material that infringes another person’s copyright or other intellectual property right.

 

Notices of Claimed Infringement: A notification of claimed infringement must be a written communication provided to the Designated Agent that includes substantially the following:

 

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

 Upon receipt of a proper notification of infringement, Dio Cancer Fund Webstore will act promptly to remove or disable the allegedly infringing material.

 

Counter Notifications: If you believe that your User Content has been removed or disabled in error, you may send a written counter notification to the Designated Agent that includes substantially the following:

(A) Your physical or electronic signature.

(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

(C) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

(D) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Dio Cancer Fund Webstore may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

 

13. Indemnity: You agree to indemnify and hold harmless Dio Cancer Fund Webstore, and its subsidiaries, affiliates, officers, agents, and employees, from any claim or demand by any third party arising out of material you post, transmit or otherwise make available through the Services (including User Content), your use of the Services, your connection to the Website, your violation of these Terms of Use, or your violation of any rights of another person or entity.

 

14. No Commercial Use of Services: You agree to use Dio Cancer Fund Webstore website for personal, non-commercial use only. You may not use the Services to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, access to the Website, or any material available through the Services.

 

15. Use and Storage of User Material: Dio Cancer Fund Webstore may establish general practices and limits concerning use of the Services, including limits on: the time that user-posted material will be available through the Services; the time that user-posted material will be stored by he Dio Cancer Fund Webstore; the maximum size of any single posted event; the maximum disk space that will be allotted on Dio Cancer Fund Webstore servers on your behalf; the maximum number of times you may access the Services in a given period of time; and the maximum duration of each access. You acknowledge that Dio Cancer Fund Webstore reserves the right to terminate accounts that are inactive for an extended period. You further acknowledge that Dio Cancer Fund Webstore reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

 

16. Termination: You agree that Dio Cancer Fund Webstore, in its sole discretion, may terminate your password, account, or use of the Services, and remove and discard any material available on or stored by Dio Cancer Fund Webstore (including User Content), for any reason, including, but not limited to, lack of use or actions inconsistent with the Terms of Use. Dio Cancer Fund Webstore may also, in its sole discretion and at any time and for any reason, discontinue providing the Services, or any part thereof, with or without notice. You agree that upon termination Dio Cancer Fund Webstore may immediately deactivate or delete your account and all related information and files in your account including User Content and/or bar any further access to such files or the Services. Further, you agree that Dio Cancer Fund Webstore shall not be liable to you or any third party for any termination of your access to the Services.

 

17. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

 

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Dio Cancer Fund Webstore EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

Dio Cancer Fund Webstore MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

 

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS USED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Dio Cancer Fund Webstore OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

 

18. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Dio Cancer Fund Webstore SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Dio Cancer Fund Webstore HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.

 

19. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.

 

General Contract Provisions. The Terms of Use constitute the entire agreement between you and Dio Cancer Fund Webstore and govern your use of the Services, superseding any prior agreements between you and Dio Cancer Fund Webstore. The Terms of Use and the relationship between you and Dio Cancer Fund Webstore shall be governed by the laws of the State of Wisconsin. The failure of Dio Cancer Fund Webstore to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision or any other right or provision. If any provision of the Terms of Use is held by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in that provision, and that the other provisions of the Terms of Use remain in effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.

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Typographical Errors  by 
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Our Store shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Our Store shall have 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 canceled, Our Store shall immediately issue a credit to your credit card account in the amount of the incorrect price
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