DUXIANA WEBSITE TERMS OF USE
Terms of Use
Your use of the website of DUX Bedding, Ltd. (“DUX UK”) and its subsidiaries and affiliates (herein together interchangeably referred to as “DUX” “we” “our” and “us”), together with the documents referred to in it (“this website”), is subject to the following terms and conditions (“Terms of Use”). When you access, browse or use this website, you accept without limitation these Terms of Use. Use of this website includes accessing, browsing, or registering to use this website.
Please read these Terms of Use carefully before you start to use this website, as these will apply to your use of this website.
If you do not agree to these Terms of Use, you must not use this website.
Privacy
Please review our Privacy Policy, which is incorporated by reference herein, to understand our practices concerning the privacy of the information we receive from you.
Information About Us
Duxiana.co.uk is operated by DUX UK, a corporation incorporated in The United Kingdom and whose main trading address is 46 George Street, London, W1U 7DX.
Accessing this website
This website is made available free of charge.
We do not guarantee that this website, or any content on it, will always be available or be uninterrupted. Access to this website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of this website without notice. We will not be liable to you if for any reason this website is unavailable at any time for any period.
You are responsible for making all arrangements necessary for you to have access to this website.
You are also responsible for ensuring that all persons who access this website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
Ownership of Intellectual Property
All content included on this website, such as text, photographs, graphics, logos, scripts, trade names and service names, including DUX® and DUXIANA®, button icons, images, and audio clips, digital downloads, data compilations and software, is the property of DUX, its licensors or other content suppliers and to the extent applicable is protected by United States and international copyright, trademark and patent laws and other laws protecting intellectual property rights. All trademarks not owned by DUX that appear on this website are the property of their respective owners.
Website Access and Use
DUX UK grants you a limited license to access and use this website only for its intended purpose, which is to enable you to obtain information concerning our products and related services. Under no circumstances are you to download or reproduce any portion of this website for any purpose, except as provided in the next paragraph. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including photographs, images, text, page layout or form) of DUX, licensors and other content suppliers without DUX UK’s prior written consent, which may be withheld in DUX UK’s sole and absolute discretion. You may not use any meta tags or any other "hidden text" utilizing DUX’s name or trademarks without the prior written consent of DUX UK which may be withheld in DUX UK’s sole and absolute discretion. Any unauthorized use of this website or its contents automatically terminates the license granted by DUX UK to access and use the website. Further, you are hereby advised that any such unauthorized use of this website or its contents may violate applicable laws and governmental regulations governing the protection and use of intellectual property and that DUX reserves the rights to institute legal action against a person violating these Terms of Use.
Notwithstanding the foregoing, you may use information such as articles, newsletters and similar materials purposely made available by DUX for downloading from this website, provided that (1) you do not remove any proprietary notice language from such materials; (2) you use such information only for your personal non-commercial informational purposes; (3) you do not copy or post such information on any networked computer or broadcast or transmit it in any media; (4) you do not modify the paper or digital copies of any materials you have printed off or downloaded in any way; and (5) you do not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on this website must always be acknowledged.
If you print off, copy or download any part of this website in breach of these Terms of Use, your right to use this website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Information Provided By You
You may be asked to register a user name and password in order to access parts of this website. You represent and warrant to DUX that all information that you provide in connection with or in support of your registration for use of this website will be accurate and complete and will be kept up to date. Information provided by you to DUX will be subject to our Privacy Policy, which you can read on this website. DUX will be entitled to grant access to the website to anyone using your user name and password, unless you have previously notified DUX in writing of any unauthorized use of your account.
Use of Cookies
Please review our Privacy Policy, which is incorporated by reference herein, to understand the cookies we use and the purposes for which we use them.
Medical Warning
THIS WEBSITE AND ITS CONTENTS ARE INTENDED ONLY TO PROVIDE YOU WITH SUGGESTIONS FOR THE COMFORTABLE AND HEALTHFUL USE OF DUX PRODUCTS, WHICH WE RECOMMEND YOU CONFIRM IN CONSULTATION WITH YOUR PHYSICIAN. Under no circumstances is this website and its contents to be considered medical advice, a recommended form of treatment or therapy for any medical, mental or emotional condition, a diagnostic tool or device for treating any disease, disorder or other condition, a preventative measure, cure, mitigation or treatment for any disease or disorder or as affecting the structure or well being of any part of the body.
No Reliance on Information
The content on this website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on this website.
Although we make reasonable efforts to update the information on this website, we make no representations, warranties or guarantees, whether express or implied, that the content on this website is accurate, complete or up-to-date.
Disclaimer and Limitation of Liability
This website and the photographs, images, text and other content on this website are “as is” and DUX makes no warranty or representation that any content, service or feature will be error-free or that any defects will be corrected or that your use of this website or its content will provide specific results. DUX hereby DISCLAIMS ALL WARRANTIES CONCERNING OR RELATING TO THIS WEBSITE AND THE PHOTOGRAPHS, IMAGES, TEXT AND OTHER CONTENT ON THIS WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL DUX BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE including, but not limited to, loss of profits of revenue, loss of use, loss of data or any other damages arising out of, connected with or related to (1) the use or inability to use this website, (2) the use of photographs, images, text or other content on this website, (3) unauthorized access to or alteration of your transmissions of data from this website, (4) statements or the conduct of any third party on this website or (5) any other matter relating to this website.
Indemnification
You agree to indemnify, defend, and hold harmless DUX and their directors, officers, employees, content providers, licensors (collectively, "Indemnified Parties”) from and against any and all losses, damages, liabilities and costs (including, without limitation, attorneys' fees and disbursements), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use. You will cooperate at your expense as fully as reasonably required in DUX’s defense of any such claim. DUX reserves the right, at its own expense, to assume the exclusive defense and control of any claim subject to indemnification by you and you shall not in any event settle any such claim without the written consent of DUX.
Viruses
We do not guarantee that this website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access this website. You should use your own virus protection software.
You must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to this website, the server on which this website is stored or any server, computer or database connected to this website. You must not attack this website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 in the UK and the Computer Fraud and Abuse Act 1986 in the US. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this website will cease immediately.
Third Party Links and Resources on this website
Where this website contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
Applicable Law
These Terms of Use are governed by the laws of the State of New York, U.S.A. without regard to that state’s conflict of laws rules. Each user of this website and DUX North America for itself and its successors and assigns (a) hereby consents to and irrevocably submits to the exclusive jurisdiction of the United States District Court for the Southern District of New York or a New York State Court of general jurisdiction located in the Borough of Manhattan, City of New York for the purposes of any suit, action or other proceeding arising out of or relating to this website, the subject matter thereof or any use thereof, (b) hereby waives and agrees not to assert, by way of motion, as a defense or otherwise, in any such suit, action or proceeding any claim that it is not personally subject to the jurisdiction of the above-named courts, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper or that these terms and conditions cannot be enforced in or by such court, and (c) HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY SUCH SUIT, ACTION OR OTHER PROCEEDING.
Website Policies, Modification, and Severability
We reserve the right to make changes to this website, policies, and these Terms of Use at any time. Please check the Terms of Use from time to time to take notice of any changes we made, as they are binding on you. However, please note that any of the content on this website may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that this website, or any content on it, will be free from errors or omissions.
If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.
Contact Us
To contact us, please email [INSERT EMAIL ADDRESS].
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