Terms of Service
Terms of Service
USE OF SITE :
This web site is provided solely for the personal, non-commercial use of current and future customers of DMS Onge Publishing, LLC, to provide you with information about our company and its publishing programs, to permit you to place orders for our products and services, and to enable you to contact us with any questions or comments that you may have. Any other use of this site is prohibited. By way of example, you should not use any features of this site that permit communications or postings to post, transmit, display, or otherwise communicate: (i) any defamatory, threatening, obscene, harassing, or otherwise unlawful information; (ii) any advertisement, solicitation, spam, chain letter, or other similar type of information; (iii) any encouragement of illegal activity; (iv) unauthorized use or disclosure of private, personally identifiable information of others; or (v) any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so. Further, you may not link to or frame this site or its Materials without the specific permission of DMS Onge Publishing, LLC. Posting of Materials or any other exploitation of the Materials, in whole or in part, on any other web site is strictly prohibited.
YOUR ACCOUNT AND SUBMISSIONS:
You represent that all the information that you provide is correct and accurate. You also represent that you are at least eighteen (18) years of age and have the legal capacity to enter into and be bound by these terms.
DMS Onge Publishing, LLC, will charge and withhold the applicable sales tax for all orders to be sent to addresses in the state of Michigan. If the volume of our sales shipped to any other state subjects us to their new sales tax withholding laws, we will collect such sales tax, which will be shown at checkout. We otherwise shall not be responsible for any sales, use, or other type of tax on orders shipped to any other state. And all such taxes are solely the responsibility of you, the purchaser.
RISK OF LOSS:
All items that are purchased from this site are made pursuant to a shipment contract. Upon our delivery of the item or items to the carrier, all risk of loss and title for the item or items passes to you. By requesting us to ship merchandise to a military or diplomatic address (APO/FPO/DPO), you acknowledge that it may be delivered by the carrier to a war zone and may not arrive promptly, at all, or intact. We bear no responsibility for delivery to such zones.
YOUR ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES:
You agree to be bound by any affirmation, assent, or agreement you transmit through this Web site, including but not limited to any consent you give to receive communications from DMS Onge Publishing, LLC, solely through electronic transmission. You agree that when in the future you click on an "I agree," "I consent," "submit", "checkout," "place order," or other similarly worded "button" or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
SITE CONTENTS AND INTELLECTUAL PROPERTY OWNERSHIP:
The information contained on this site, including all images, designs, photographs, writings (including verses and poems, product descriptions, book excerpts, and all other written content), graphs, data, icons, logos, and other materials ("Materials") is either the property of DMS Onge Publishing, LLC, or has been licensed to DMS Onge Publishing, LLC, for its use, and is protected by copyrights, trademarks, trade secrets, or other proprietary rights under US and international law. Permission is granted to display, copy, distribute, download, and print portions of this site solely for the purposes of using this site for the authorized uses described herein. You must retain all copyright, trademark and other proprietary notices on all copies. You shall comply with all copyright laws worldwide in your use of this Web site and prevent unauthorized copying of the Contents. Except as provided in these Terms, DMS Onge Publishing, LLC, does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information. Access to the site does not authorize anyone to use any name, logo, slogan or mark in any manner. No trademark or service mark license is granted in connection with the Materials contained on this site. The use of our marks as meta-tags for search engines is strictly prohibited.
The following are trademarks or service marks of DMS Onge Publishing, LLC, (a registered DBA of cards4heroes.com, LLC): DMS Onge Publishing, Red Recliner Books, Saints Justin and Perpetua Orthodox Christian Books, Font 18 Large Print Books, DMSOngePublishing.com, Cards4Heroes, Quiet Heroes, Quiet Heroes Cards, The Quiet Heroes Collection, Flag-Lettering Note Cards, Proud American Patriots, cards4heroes.com, Monthly Mail Call, Deployment Packs, Your Source for Patriotic & Military Greeting Cards & Gifts! Helping Americans Thank Our Troops!. Variations on our name, the use of which can cause confusion, and which we enforce as violations of our trademarks include: cards4heros.com, cards4heros, cardsforheroes.com, cardsforheroes, cardsforheros.com, cardsforheros, greetingcards4troops.com, greetingcards4troops, greetingcardsfortroops.com, greetingcardsfortroops, cards4soldiers.com, cards4soldiers.
Except as expressly authorized by DMS Onge Publishing, LLC, you agree to not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, perform, publish, adapt, edit, or create derivative works from any Materials on this site, in whole or in part. Notwithstanding the above, you are licensed to print or download one (1) copy of the Materials on one (1) computer for the sole purpose of learning about or purchasing our products or services, provided you keep intact all copyright, trademark and other proprietary notices. Except for this limited license, nothing contained herein shall be interpreted or construed as conferring upon you in any manner any other license, title, or ownership to any intellectual property right of DMS Onge Publishing, LLC, or any third party. You must contact us for special permission to use our images for other purposes. Such permission will only be granted in writing. Unauthorized use is subject to severe criminal and civil penalties.
LIMITATIONS ON CLAIM:
Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the claim or cause of action arises.
TERM AND TERMINATION:
Without limiting its other remedies, DMS Onge Publishing, LLC, may immediately discontinue, suspend, terminate, or block your and any user's access to this site at any time in our sole discretion.
We may also refuse service or cancel orders in our sole discretion. Generally, cancellations of orders would occur only due to lack of availability. We apologize for any inconvenience this may cause you. However, if in our sole discretion your order has indicia of fraud or misrepresentation, we will cancel your order and may do so with or without notice to you.
PRODUCT INFORMATION DISCLAIMER:
It is our intent that all product descriptions are accurate and up-to-date. Occasionally, the site may contain typographical errors, inaccuracies or omissions pertaining to product descriptions, availability, and/or pricing. We reserve the right to correct such errors, inaccuracies or omissions and to change or update product information without notice to you, including after you have already submitted your order.
DISCLAIMER OF WARRANTY:
You expressly agree that use of this Web site is at your sole risk. Neither DMS Onge Publishing, LLC, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, "Providers"), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials.
The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, DMS Onge Publishing, LLC, does not warrant reliability of any statement or other information displayed or distributed through the site. DMS Onge Publishing, LLC, reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. Further, DMS Onge Publishing, LLC, may make any other changes to this site, the Materials and the products, programs, services, or prices described in this site at any time without notice.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN "AS IS," "WHERE IS," AND "WHERE AVAILABLE" BASIS. DMS Onge Publishing, LLC, MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DMS Onge Publishing, LLC, EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THIS AGREEMENT.
LIMITATION OF LIABILITIES:
YOU AGREE THAT DMS Onge Publishing, LLC, AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL DMS Onge Publishing, LLC, OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER DMS Onge Publishing, LLC, OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
As a convenience to you, we may provide on this site, in our emails to you, or in a newsletter we may provide, links to Web sites operated by other entities (collectively the "Linked Sites"). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by DMS Onge Publishing, LLC. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by DMS Onge Publishing, LLC. DMS Onge Publishing, LLC, does not endorse, make any representations regarding or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by DMS Onge Publishing, LLC. Links do not imply that DMS Onge Publishing, LLC, or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of DMS Onge Publishing, LLC, or any of its affiliates or subsidiaries. Except for links to information authored by DMS Onge Publishing, LLC, DMS Onge Publishing, LLC, is neither responsible for nor will it be liable under any theory based upon (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business thereon, you do so at your own risk. DMS Onge Publishing, LLC reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the Web masters of any Linked Sites concerning any information, goods, and/or services appearing thereon.
You agree to indemnify, defend, and hold harmless DMS Onge Publishing, LLC, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary, privacy, or other right.
CONTROLLING LAW, JURISDICTION AND INTERNATIONAL USERS:
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflicts of laws provisions. You agree to submit to the personal and exclusive jurisdiction and venue of the state or federal courts located within or having jurisdiction over Livingston County, Michigan, for any disputes with DMS Onge Publishing, LLC, arising out of your use of this site.
You agree to comply with all laws and regulations applicable to your use of this site. DMS Onge Publishing, LLC, makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you do so at your own initiative and you are responsible for compliance with all local laws. Accessing the materials from this site or distributing the materials to territories where the contents are illegal is strictly prohibited.
This Agreement constitutes the entire agreement between DMS Onge Publishing, LLC, and you with respect to this Web site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and DMS Onge Publishing, LLC, with respect to this Web site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
MODIFICATIONS TO AGREEMENT:
We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. DMS Onge Publishing, LLC, does not and will not assume any obligation to notify you of changes to this Agreement.
DMS Onge Publishing, LLC, respects the copyrights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been violated in some way, please contact us at the address below. To be effective, your notification must contain the following information:
(1) an electronic or physical signature of the owner or of the person authorized to act on the behalf of the owner of the copyright or other intellectual property interest;
(2) a description of the copyrighted work or other intellectual property that you claim has been infringed and identification of where the original or an authorized copy of the copyrighted work exists, for example the full URL of where it is posted or the name of the book in which it has been published;
(3) a description of the infringing activity and specifically where the material that you claim is infringing is located on our site which is sufficient for us to locate it;
(4) your address, telephone number, and email address;
(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) a statement by you in a notarized affidavit, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.
Please send your copyright information to: DMS Onge Publishing.com, LLC, ATTN: Copyright Agent 9552 E HIghland Road #30 Howell, MI 48843
Adopted: 05/12/05; rev'd 8/24/05; rev'd 11/14/05, rev'd 6/9/08, rev'd 2/24/09, rev'd 5/26/09, rev'd 1/2/13, 6/9/16, 5/14/19
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