WEBMASTER TERMS OF SERVICE AGREEMENT
USER AGREEMENT IMPORTANT - READ CAREFULLY: THIS USER AGREEMENT (THE "AGREEMENT") IS BETWEEN YOU AND DC DISTRIBUTING, INC. ("DC DISTRIBUTING"). THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS REGARDING YOUR USE OF THE DC Distributing DESIGNED SITE KNOWN AS "DC-DIST.COM" (THE "WEB SITE"). BY REGISTERING AS A USER OF DC-DIST.COM AND THE WEB SITE, YOU AGREE TO FOLLOW AND TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU ARE PERMITTED TO USE, REPRODUCE, AND DISPLAY MATERIALS ON THE WEB SITE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE EXIT IMMEDIATELY, AND DO NOT USE THIS WEB SITE. THE USE, REPRODUCTION, OR DISPLAY OF ANY MATERIALS ON THE WEB SITE BY YOU OR BY A THIRD PARTY ON YOUR BEHALF CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.

GENERAL USE PROVISIONS
All materials provided on this Web Site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services ("Materials"), are provided either by DC Distributing or by its respective third party manufacturers, authors, developers, licensors and vendors ("Third Party Providers") and are the copyrighted work of DC Distributing and/or its Third Party Providers. The Third Party Providers, including but not limited to DC Distributing, are the intended beneficiaries of this Agreement and may enforce the terms of this Agreement against you. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, modified, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of DC Distributing or the appropriate Third Party Provider. Also, you may not "mirror" any Materials contained on this Web Site on any other server without DC Distributing's prior written consent. DC Distributing hereby grants you permission to use, reproduce, and display DC Distributing's Materials on this Web Site only, provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials; (2) the use, reproduction, and display of such Materials is solely for your own internal, personal, non-commercial and informational use and will not be distributed, provided, or displayed to third parties, posted on any networked computer, or broadcast in any media; (3) such use, reproduction, and display is only in accordance with the documentation, instructions, and other restrictions regarding the Materials; and (4) the Materials are not modified in any way. This permission terminates automatically without notice immediately upon the breach of any of the terms of this Agreement by you or by any person or entity acting on your behalf. Upon termination, you will immediately destroy any downloaded, copied, reproduced or printed Materials.

Any unauthorized use of any Materials contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

LINKS TO THIRD PARTY SITES
This Web site may contain links to web sites controlled by persons other than DC Distributing. DC Distributing is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites or any transactions completed through such sites. It is your responsibility to take precautions to ensure that whatever materials you select for your use are appropriate for your purposes and are free of viruses or other items of a destructive nature.

SOFTWARE USE RESTRICTIONS
Any software that may be made available to download from this Web Site ("Software") is the copyrighted work of DC Distributing and/or Third Party Providers. Use of the Software is governed by this Agreement and the additional terms set forth in this Section ("Software Use Restrictions"). For purposes of this Agreement, the term "Software" includes without limitation computer software and/or materials provided with or incorporated into the Software, and any related materials or documentation thereto. You agree to the Software Use Restrictions by installing, copying, downloading, or using the Software. The Software is made available for downloading solely for use by end users in accordance with the provisions of this Agreement, including without limitation the Software Use Restrictions. Without limiting the foregoing, the copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. Any reproduction or redistribution of the Software not in accordance with this Agreement is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Title and copyrights in and to the Software, and any copies thereof, are owned by and remain with DC Distributing and/or its Third Party Providers. The Software is protected by copyright laws, other intellectual property laws, and international treaties. Unauthorized use or copying of the Software or otherwise failing to comply with the terms and conditions of this Agreement will result in automatic termination of this license and will entitle DC Distributing and/or its suppliers to other legal remedies. Upon termination of this Agreement for any reason whatsoever: (i) you must immediately cease using the Software, (ii) all of the rights granted to you hereunder shall immediately cease, and (iii) you must promptly destroy or erase all copies (including back-up copies) of the Software.

THE SOFTWARE IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS AND DC Distributing AND THE THIRD PARTY PROVIDERS MAKE NO WARRANTIES OF ANY KIND REGARDING THE SOFTWARE OR THE USE OR PERFORMANCE THEREOF. DC Distributing AND THE THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. DC Distributing AND THIRD PARTY PROVIDERS DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR THE ACCOMPANYING DOCUMENTATION. DC Distributing AND THE THIRD PARTY PROVIDERS SHALL HAVE NO LIABILITY FOR ANY YEAR-2000 RELATED ISSUES OR FOR ANY VIRUSES RELATED TO THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DC Distributing AND THE THIRD PARTY PROVIDERS DO NOT WARRANT THAT (A) THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (B) THE SOFTWARE WILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA; (C) THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE; (D) ANY PROGRAM ERRORS WILL BE CORRECTED; OR (E) SECURITY PROCEDURES USED WILL PROTECT CONFIDENTIAL OR PRIVATE INFORMATION THAT YOU PLACE ON THE SOFTWARE.

SUBMISSIONS

Except where expressly provided otherwise by DC Distributing, all comments, feedback, information or materials submitted to DC Distributing through or in association with this Web Site ("Submissions") shall be considered non-confidential and DC Distributing's property. By providing such Submissions to DC Distributing, you assign to DC Distributing, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You acknowledge that you are responsible for the Submissions that you provide, and that you, not DC Distributing, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

PRIVACY POLICY
You agree to the DC Distributing Privacy Policy set forth below (the "Privacy Policy").
DC Distributing has created this Privacy Policy in order to demonstrate our commitment to privacy. DC Distributing recognizes your need for appropriate protection and management of personally identifiable information that you share with DC Distributing, which includes any information by which you can be identified, such as name, address, and telephone number. DC Distributing has established this privacy policy so that you can understand the care with which we intend to treat the information that you provide to the Web Site. DC Distributing assures you that we will take reasonable steps to see that this Privacy Policy is followed within our company.
When you register with DC Distributing, we collect certain information about you, including your Internet address. We track the Internet address of the domains from which users visit us and analyze this data for trends and statistics. We also use your Internet address to help diagnose problems with our server and to administer our Web Site. Your Internet address is used to help identify you and your purchases through DC Distributing and to gather demographic information.

Some of the pages on the Web Site utilize "cookies" so that we can better serve you with more tailored information when you return to our site. Cookies are identifiers that a web site can send to your browser to keep on your computer to facilitate your next visit to our site. You can set your browser to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it. The information we collect and analyze is used to improve our service to you. We use cookies to deliver content specific to your interests, to save your password so you don't have to re-enter it each time you visit our site, and for other purposes. The Web Site's registration form requires you to give us your contact information (such as your name and Internet address, password, and ZIP code). We use your contact information from the registration form to send you information about DC Distributing, the Web Site, and promotional materials from DC Distributing and others. Your contact information is also used to contact you when necessary and may be shared with other companies who may want to contact our users. DC Distributing provides users the opportunity to elect not to receive e-mail updates regarding the Web Site. If you do not want to receive these communications from us, please indicate this when you are registering or send an e-mail to [email protected] Distributing.com.

Certain portions of the Web Site may prompt you to provide other personal information in your user profile. You may choose not to provide this information, but if you do so you may be unable to access certain options, offers, and services on the Web Site. DC Distributing does not currently sell, trade, or rent any personal information that identifies particular individuals to any third parties; however, we may choose to do so in the future. DC Distributing may also use this information for DC Distributing marketing purposes. The user profile will provide you the option to elect not to receive future mailings, or you may send an e-mail to [email protected] Distributing.com. Also, DC Distributing may provide aggregate statistics about our customers, sales, traffic patterns, and related site information to third parties, but these statistics will not include information that identifies particular individuals.
DC Distributing may, from time to time, ask demographic or personal preference questions. You are never required to answer these questions; however, the information that you provide may be used for analyzing overall site demographics, user preferences and tastes, and similar "getting to know our customers" purposes. This information may also be disclosed to third parties.
DC Distributing may include certain functions that permit you to enter personal information, such as contact information on your customers or prospective customers. DC Distributing will take reasonable steps to attempt to protect the individual contact information that you enter into the functions on DC Distributing from unauthorized access or disclosure. The Web Site has certain security measures in place to protect against the loss, misuse and alteration of the information under our control; however, no security measure is foolproof.

THE SOFTWARE IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS AND DC Distributing AND THE THIRD PARTY PROVIDERS MAKE NO WARRANTIES OF ANY KIND REGARDING THE SOFTWARE OR THE USE OR PERFORMANCE THEREOF. DC Distributing AND THE THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. DC Distributing AND THIRD PARTY PROVIDERS DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR THE ACCOMPANYING DOCUMENTATION. DC Distributing AND THE THIRD PARTY PROVIDERS SHALL HAVE NO LIABILITY FOR ANY YEAR-2000 RELATED ISSUES OR FOR ANY VIRUSES RELATED TO THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DC Distributing AND THE THIRD PARTY PROVIDERS DO NOT WARRANT THAT (A) THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (B) THE SOFTWARE WILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA; (C) THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE; (D) ANY PROGRAM ERRORS WILL BE CORRECTED; OR (E) SECURITY PROCEDURES USED WILL PROTECT CONFIDENTIAL OR PRIVATE INFORMATION THAT YOU PLACE ON THE SOFTWARE.


DC Distributing uses an online order form for you to order information, products, and services through the Web Site. We collect financial information (like your account or credit card numbers) when you complete this online order form. Financial information that we collect is used to bill you for the information, products, and services that you order.

We may use an outside advertising company to display ads on our site. These ads may contain cookies. While we use cookies in other parts of our Web Site, cookies received with banner ads may be collected by ad companies, and we may not have access to this information or be able to control its distribution.

The Web Site may make chat rooms, forums, message boards, and/or news groups ("Forums") available for you to use. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information. DC Distributing is not responsible in any manner, and shall not be liable for, any materials, statements or information that may be presented, posted or broadcast in any Forums and DC Distributing shall have no duty or obligation to review, edit, remove, correct or comment on any such materials, statements or information. If you present, post or broadcast any materials, statements or information in any Forum, you agree to indemnify and hold harmless DC Distributing, and its officers, directors, employees and representatives from and against any claim, cost or demand (including, without limitation, reasonable attorneys' fees) arising therefrom.
The Web Site may contain links to other sites. DC Distributing is not responsible for the privacy practices or the content of such web sites, notwithstanding the inclusion on such site of the trademarks of DC Distributing.

You may update information previously provided to DC Distributing by sending an email to [email protected]

This Privacy Policy is a part of the agreement between you and DC Distributing. Your use of the Web indicates your agreement to the terms of this Privacy Policy. You agree that the Electronic Communications Privacy Act (the "ECPA") shall not apply to any communications with DC Distributing. DC Distributing has the right to revise this Agreement, including this Privacy Policy, at any time without notice by notice of the revisions posted to the Web Site. If you have any questions about this Agreement or this Privacy Policy, the practices of this Web Site, or your dealings with this Web Site, please contact [email protected]DC-Dist.com


FEES

You agree to pay all fees due by reason of your use, reproduction, downloading, or display of Materials on the Web Site. Fees do not include tax and, where applicable, you agree to pay any sales, use, property, value-added, withholding or other taxes that may be assessed in connection with such fees. All fees incurred in connection with the Web Site are non-refundable. If (i) you have paid fees associated with the Web Site and you believe that you did not receive the Materials and/or services that you ordered or (ii) you would like to cancel a subscription, please contact the individual listed in "Contact Information" below.

DC Distributing may terminate the offering of the Web Site and any or all Personal Web Sites at its sole discretion. Following termination, we may remove some or all of your Submissions from the Web Site or some or all of your Content from any or all Personal Web Sites. If DC Distributing terminates the Web Site or Personal Web Sites, you are entitled to a refund of any unused monthly maintenance fees on a prorata basis. You may request that the Content of your Personal Web Site be provided to you in electronic form, at your expense.

DISCLAIMER
THE MATERIALS ON THE WEB SITE, INCLUDING BUT NOT LIMITED TO SOFTWARE, ARE PROVIDED STRICTLY ON AN "AS IS" BASIS. DC Distributing AND THE THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE MATERIALS ARE ACCURATE OR SUFFICIENT FOR YOUR PURPOSES. DC Distributing AND THE THIRD PARTY PROVIDERS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE.

LIMITATION OF LIABILITY
DC Distributing AND THE THIRD PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS, INCLUDING BUT NOT LIMITED TO SOFTWARE. IN NO EVENT SHALL DC Distributing OR THE THIRD PARTY PROVIDERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER ARISING, INCLUDING WITHOUT LIMITATION WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE WEB SITE, EVEN IF DC Distributing HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE A CLAIM AGAINST DC Distributing FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, LOST PROFITS, OR LOST OPPORTUNITIES RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD DC Distributing AND THE THIRD PARTY PROVIDERS HARMLESS FROM, AND YOU COVENANT NOT TO SUE DC Distributing OR THE THIRD PARTY PROVIDERS FOR ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE.

LOCAL LAWS; EXPORT CONTROL

DC Distributing controls and operates this Web Site from its headquarters in various locations in the United States of America and makes no representation that these Materials are appropriate or available for use in other locations. If you use this Web Site from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this Web Site are solely directed to individuals, companies or other entities located in the United States of America. You acknowledge and agree that Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject to change without further notice from DC Distributing, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

GENERAL

This Web Site may include inaccuracies or typographical errors. DC Distributing and the Third Party Providers may make changes in the products, services, Software, and prices described in this Web Site at any time without notice. DC Distributing may periodically make changes to the Web Site. Any action related to this Agreement will be governed by Pennsylvania law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. This Agreement represents the entire understanding relating to the use of the Web Site and prevails over any prior or contemporaneous, conflicting or additional, communications, including but not limited to statements on the Web Site. DC Distributing has the right to revise this Agreement at any time without notice by updates posted to the Web Site. Any rights not expressly granted herein are reserved by DC Distributing.

INTELLECTUAL PROPERTY NOTICES

Elements of the Web Site are protected by trademark and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Web Site may be copied or retransmitted unless expressly permitted by DC Distributing.

DC Distributing, the DC Distributing logo, and/or other DC Distributing products or services referenced herein are trademarks of DC Distributing, Inc., and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.

Copyright © 2018 DC Distributing, Inc., 390 Abbottstown Pike Abbottstown, PA 17301. All rights reserved.

If you have any questions about this Agreement, or if you would like to cancel your subscription or request a refund for Materials that were not delivered in accordance with the accompanying terms, please contact DC Distributing Customer Support at (717) 259-1669 or [email protected]

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