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Please note: The servers that make the Web Site available and that store the information that is collected on or through the Web Site are located in the United States of America. This Web Site is intended for users who are located in the United States of America and is hosted and operated in the United States, pursuant to United States law. By providing Personal Information through the use of this Web Site, you understand and consent to the collection, maintenance, processing and transfer of such information in and to the United States.
What Information About Me Is Collected and Stored?
We collect and store information that you provide on or through the Web Site and that you provide in connection with your access and use of the Web Site. Though you may use portions of the Web Site without providing any Personal Information, in order to take advantage of the full capabilities of the Web Site, you will be required to provide certain Personal Information. For example, you must provide Personal Information in order to place an order or to register for an account on or through the Web Site and we may request your name; home and/or business address; e-mail address; telephone, wireless and/or fax number; short message service or text message address or other wireless device address; instant messaging address; demographic information and/or other information that may identify you as an individual or allow online or offline contact with you as an individual.
In addition, you may provide certain Personal Information about third parties on or through the Web Site. For example, you must provide us with Personal Information about a third party when you request that we ship an order to a third party or request that we send your information to a third party. The information collected regarding a third party may include that third party’s name, address, phone number, fax number, e-mail address, physical address, and other similar information.
Aggregate and Automatically Collected Information
We may collect and store certain other non-personally identifiable information automatically whenever you interact with the Web Site. For example, we may collect your Internet Protocol (IP) address, browser information and reference site domain name when you visit the Web Site.
In addition, some of our e-mail communications to you may include a “click-through URL” linked to a particular page on the Web Site. By clicking on one of the URLs, you will automatically enter our Web Site and we may collect information related to the “click-through”. You may avoid having this information collected by not clicking on URL links in our e-mail communications.
How is Information Used and Disclosed?
Personal Information collected on or through this Web Site is used to provide the products and services that you have ordered or requested, to process and ship orders, to send order and shipping confirmations and to provide customer service. If you sign up to our e-mail list or otherwise opt-in to receive promotional communications in connection with this Web Site, we may also use the Personal Information you provide to contact you about sales, special offers and new site features and to send you other promotional communications. You may manage your preferences as described below.
If you request us to ship products to a third party and we are able to determine the information you provided pertains to a third party, we will use the Personal Information you provide regarding that third party only to process and ship the product to that third party and to confirm shipment. In addition, we may retain that Personal Information as reasonably necessary to appropriately document our business activities and for archival and record retention purposes.
Aggregate and Automatically collected Information:
Automatically collected information is used to analyze and improve this Web Site, gauge the effectiveness of our email communications and your level of interest in particular areas and to provide our customers with a fulfilling shopping experience.
We may on occasion combine information we received through this Web Site with information obtained from other sources and outside records to enable us to update and correct the information contained in our database and to provide product recommendations and special offers that we think will interest you.
We may disclose aggregate statistics regarding user behavior as a measure of interest in, and use of, our Web Site and e-mails to third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user. Aggregate information is non-personally identifiable/anonymous information about you, such as age, gender, types of products purchased, pages you access most frequently or search terms you enter. Aggregate information is used in a collective manner, and no single person can be identified by that compiled information. For example, the number of people who visit our Web Site who are 25 years of age is aggregate information that does not personally identify a specific user.
With Whom is Information Shared?
We may share Personal Information you provide to us with certain third parties that perform services on our behalf. The services provided by those third parties may include operating this Web Site, hosting this Web Site, providing the products and services you request through this Web Site, authorization and processing of your payments, product fulfillment, fraud protection and credit risk reduction, product customization, marketing and promotional material distribution, Web Site evaluation, data analysis and, where applicable, data cleansing. Those third parties are not authorized to use or disclose Personal Information you provide to us or through this Web Site for any purpose other than to perform the services designated by us.
Children and Privacy
This Web Site is a general audience web site and is not directed for use by children. We will never knowingly request personally identifiable information from anyone under the age of 13 without prior verifiable parental consent when legally required. If you are under the age of 13 you should not provide any Personal Information to us and you should use this Web Site only with the involvement of a parent or guardian. If you are a parent or guardian of a child under the age of 13 and suspect he/she has provided Personal information on or through this Web Site, please contact us as set forth below. If we become aware that a customer is under the age of 13 and has registered without the legally required prior verifiable parental consent, we will remove his or her personally identifiable registration information from our files.
What Steps Are Taken to Keep Personal Information Secure?
The security of your information is important to us. Dumar will take reasonable steps to protect the security and integrity of all Personal Information provided to this Web Site. However, no transmission of data over the Internet is guaranteed to be completely secure due to the inherent nature of the Internet, and we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care will be absolutely safe from intrusion by others. It may be possible for third parties not under the control of Dumar to intercept or access transmissions or private communications unlawfully. While we strive to protect your personal information, Dumar cannot ensure or warrant the security of any information you transmit to us. Any such transmission is done at your own risk. We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.
In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification.
In order to help protect Personal Information you provide to us, you should (i) not share your password or account information with others, (ii) use a secure web browser, and (iii) change your password frequently. If you wish to cancel a password, or if you become aware of any loss, theft or unauthorized use of a password, please contact us as set forth below.
How Can I Access, Correct and Update Personal Information?
You may access, correct and update certain Personal Information that you have provided to us by clicking on the “Account” feature of the Web Site and following the instruction set forth therein or by contacting us with your request as set forth below.
Can I Indicate Whether or Not I Want to Receive Promotional Communications?
There are several ways in which you can tell us whether or not you want to receive promotional communications from us or “opt-out” of certain of our uses of your Personal Information. For example, at the time you are requested to provide Personal Information on this Web Site, you may have the opportunity to elect to, or not to: (1) receive correspondence from us, or (2) have your Personal Information shared with other entities for their marketing purposes. When you set-up an account or click on the “Account” area of the Web Site, you will have an opportunity to make or change your selections in this regard. We may share your Personal Information with other entities affiliated with or related to Dumar for their own marketing purposes without your permission.
You may opt-out of Dumar’s promotional e-mails by clicking on an opt-out link within any e-mail you may receive from us. Please note that even though you may opt-out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, and communications with us. Also, a request to have us stop sharing your Personal Information with other entities for marketing purposes will only apply as of the date of your request, and we will not be responsible for any communications that you may receive from entities that received your Personal Information prior to such request. In these cases, you will need to contact that entity directly.
Surveys, Contests, and Sweepstakes
We may collect Personal Information from users of our Web Site, for example, through such user activities and completion of any online forms on our Web Site. Such information is collected, for example, when users register or subscribe for features on our Web Site, enter sweepstakes and contests, complete surveys, submits a comment or question to us using a “contact us” or similar feature on our Web Site, sends us an e-mail, or in any other way submits Personal Information to us via our Web Site. In the event we conduct surveys or run a contest or sweepstakes, a set of rules or terms governing the survey, contest or sweepstakes will be provided. The rules or terms for each survey, contest or sweepstakes will specify how the information gathered from you in connection with the survey, contest or sweepstakes will be used and disclosed and otherwise govern your participation in the survey, contest or sweepstakes. Please read such rules carefully before participating in or entering any survey, contest or sweepstakes relating to this Web Site.
What Happens When I Link To or From Another Web Site?
TERMS AND CONDITIONS OF USE
Limited Right to Use the Web Site
Dumar grants you a non-exclusive, non-transferable, limited right to access, use and display the Web Site and the materials thereon for your personal use only, provided that you comply fully with these Terms and Conditions of Use. You shall not interfere or attempt to interfere with the operation of the Web Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these terms and conditions of use.
Changes to Terms and Conditions
Dumar reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions of Use, in whole or in part, at any time. Changes in these Terms and Conditions of Use will be effective when posted. You agree to review these Terms and Conditions of Use periodically in order to be aware of any changes. Your continued use of the Web Site after any changes to these Terms and Conditions of Use are posted will be considered acceptance of those changes.
Ownership And Restrictions
Dumar owns, controls, licenses or has the right to use and provide the Web Site and all material on the Web Site, including without limitation text, images, articles, photographs, illustrations, audio and video clips, (collectively the “Content”). The Web Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Dumar is the owner of the copyright in the entire Web Site. DUMAR owns a copyright in the selection, coordination, arrangement and enhancement of the Web Site. You agree to abide by any and all copyright notices, information or restrictions displayed on the Web Site.
You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way exploit the Web Site or any portion thereof for any public or commercial use without the express written permission of Dumar. You may download a copy of Content from the Web Site for your personal use, provided that you maintain all copyright, attribution and other notices contained in such Content, including without limitation trademarks and service marks of Dumar and its affiliates or the copyright holder identified in the individual Content’s copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Content. In the event of any permitted copying, redistribution or publication of material from the Web Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You may obtain more information on the copyrights, trademarks, and service marks of DUMAR and its affiliates and Content owners by viewing Dumar’s Copyright and Trademark Notices.
Changes to Web Site or Content
Dumar shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Web Site, including but not limited to Content, features, or hours of availability. DUMAR may also impose limits on certain features and services or restrict your access to parts, or the entire Web Site without notice or liability.
Monitoring, Editing and Disclosure of User Material
You agree that Dumar has the right, but not the obligation, to monitor all material on the Web Site at any time for any reason in its sole discretion to determine compliance with these Terms and Conditions of Use and any other operating rules that Dumar may establish from time to time. Notwithstanding this right of Dumar, Duamr does not and cannot review all materials posted to the Web Site by users, and Dumar is not responsible for any such materials posted by users. By using the Web Site, you agree not to post or transmit any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil law or in equity. In addition to any remedies that we may have a law or in equity, Dumar reserves the right at all times to edit, disclose, refuse to post, request removal of, remove, or take any action we reasonably deem necessary to cure or prevent such violation or as may be necessary to comply with any law, regulation or government or agency request or if, in Dumar’s sole discretion, such materials are objectionable or in violation of these Terms and Conditions of Use.
You shall indemnify, defend and hold harmless Dumar, its parent, affiliates, subsidiaries and their respective officers, directors, agents, employees, content providers, licensors and licensees (collectively the “Indemnified Parties”) from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any matter, claim or lawsuit arising out of, based upon, or resulting from your use of the Web Site. Dumar reserves the right, at its own expense, to assume the exclusive defense and control of any such matter, claim or lawsuit otherwise subject to indemnification by you and you shall not in any event settle the same without the written consent of Dumar.
Links to Other Web Sites
The Web Site contains links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Web Site. Dumar disclaims all responsibility or liability in connection with materials of third parties accessible through hawkendumar.com. Links to and from any site to other third party sites, maintained by third parties, do not constitute an endorsement by Dumar or any of its subsidiaries and affiliates of any third party resources or their contents. Links do not imply that Dumar or the Web Site sponsors are affiliated or associated with or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked sites are authorized to use any trademark, trade name, logo or copyright symbol of Dumar or any of its affiliates. You should direct any concerns regarding any external link to the Dumar Web Site Administrator. Dumar does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Web Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Dumar reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Web Site.
Disclaimer of Warranties and Damages; Limitation of Liability
THE WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER DUMAR NOR ITS CONTENT PROVIDERS WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO THEY MAKE ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR RELIABILITY OF THE WEB SITE, THE CONTENT THEREOF, THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEB SITE, ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. DUMAR, ITS PARENT, SUBSIDIARIES, AFFILIATES, AGENTS OR CONTENT PROVIDERS MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO DUMAR’S, ITS PARENT’S, SUBSIDIARIES’, AFFILIATES’, AGENTS’ OR CONTENT PROVIDER’S NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY MATERIALS ON THE WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEB SITE.
CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE BY INDIVIDUAL USERS AND USERS MUST EXERCISE THEIR DISCRETION IN USING AND ALLOWING MINORS OR OTHERS TO USE THE WEB SITE.
UNDER NO CIRCUMSTANCES SHALL DUMAR, ITS PARENT, SUBSIDIARIES, AFFILIATES, AGENTS OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS IN THE WEB SITE, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF DUMAR, ITS PARENT, SUBSIDIARIES, AFFILIATES, AGENTS OR CONTENT PROVIDERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OF USE OR YOUR USE OF THE WEB SITE EXCEED, IN THE AGGREGATE, $100.00.
Dumar’s Rights to Materials Provided by Users
Dumar welcomes your comments regarding our services, including the Web Site. However, any or all material and information provided by you to the Web Site may be included in a database owned by Duamr, its parent, subsidiaries, and/or affiliates in which Dumar has rights and interest, including but not limited to the compilation copyright. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Web Site to the fullest extent permitted by law.
By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to or within the Web Site, you grant to Dumar a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or materials contained in such Communications, in all media now known or hereafter developed and warrant that such information is not owned by a third party and that you have all rights necessary to grant such license to Dumar. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by Dumar of any material or idea submitted by you in any Communications or receive any compensation for such use. You waive all rights to any claim against Dumar for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that Dumar is under no obligation to use any material or ideas submitted by you in any Communications in any way whatsoever.
No Responsibility for Transmitted Material
You acknowledge that transmissions to and from this Web Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Dumar or the Web Site, no confidential, fiduciary, contractually implied or other relationship is created between you and Dumar, its parent, affiliates, subsidiaries, or agents other than pursuant to these Terms and Conditions of Use. Dumar shall not be responsible for the payment of any monies to any party in connection with Dumar’s use of Communications submitted by you to the Web Site.
Non-United States Residents
Dumar makes no representation that any materials in the Web Site, including any copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. Those who choose to access this Web Site from other locations outside of the U.S. do so at their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These terms and conditions of use constitute the entire agreement between you and Dumar with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either you or Dumar of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Choice of Law and Jurisdiction
These Terms and Conditions supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions of Use shall be governed by and construed in accordance with, and the Web Site shall be protected pursuant to the laws of the State of New York, without giving effect to any principles of conflicts of laws. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms and Conditions of Use shall be an appropriate State or Federal court located in New York County in the State of New York and you hereby irrevocably consent to the jurisdiction of such courts. A printed version of the Terms and Conditions of Use shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions of use 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 these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect.