OVERVIEW

This website is operated by Onestart LLC d/b/a Diljee’s (“Diljee’s,” “we,” “us,” or “our”). We offer this website, including all information, tools, and services available from this site (the “Site”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (the “Terms”), including any additional terms and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions herein, you may not access the Site or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to the current store shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given consent for any of your minor dependents to use this Site.

This Site is not directed to children and children are not eligible to use our Services. We do not knowingly collect or maintain personal information from individuals under 18 years of age. If we learn that a user is under 18, we will take steps to remove that user’s personal information from our databases. By using the Site, you represent that you are at least 18 years old. Please see our Privacy Policy for more information.

You may not use our products for any illegal or unauthorized purpose; in using the Service, you must comply with all applicable laws (including copyright laws). You must not transmit any worms, viruses, or code of a destructive nature.

A breach or violation of any of the Terms will result in immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without our express written permission.

Headings in this agreement are for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Site is not accurate, complete, or current. Material on this Site is provided for general information only and should not be relied upon as the sole basis for decision-making without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk.

The Site may contain certain historical information, which is not current and is provided for reference only. We reserve the right to modify the contents of the Site at any time, but have no obligation to update any information. You agree it is your responsibility to monitor changes to our Site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store; however, we cannot guarantee that your monitor’s display of any color will be accurate. We do not warrant that any information, images, descriptions, or other content on the Site are accurate, complete, reliable, current, or error-free. You agree to notify us promptly if you become aware of any errors or inconsistencies and to comply with any corrective action we take.

We reserve the right—but are not obligated—to limit sales of our products or Services to any person, geographic region, or jurisdiction, on a case-by-case basis. We may limit quantities of any products or services we offer. All descriptions of products or pricing are subject to change at any time without notice, at our sole discretion. We may discontinue any product at any time. Any offer for any product or service on this Site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order (including orders placed under the same account, credit card, and/or billing or shipping address). If we change or cancel an order, we may attempt to notify you using the contact information provided at the time of ordering. We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store, and to promptly update your account and other information (including email address and payment details) so we can complete transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have control or input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve the terms provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Site (including the release of new tools and resources). Such new features and/or services shall be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products, and services available via the Service may include materials from third parties. Third-party links on the Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Review the third party’s policies and practices before engaging in any transaction. Complaints or questions regarding third-party products should be directed to the third party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain submissions (e.g., contest entries) or without a request you send creative ideas, suggestions, proposals, plans, or other materials (collectively, “comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments you forward to us. We are and shall be under no obligation (1) to maintain comments in confidence; (2) to pay compensation; or (3) to respond.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights; will not contain unlawful, abusive, or obscene material; and will not contain malware that could affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions set forth in the Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform unlawful acts; (c) to violate any regulations, rules, laws, or ordinances; (d) to infringe upon our or others’ intellectual property rights; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; (g) to upload or transmit malware; (h) to collect or track personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent security features; (l) to collect or store personal data about other users; (m) to interfere with others using the Site; (n) to compile, use, download, or copy any user/usage information for distribution; or (o) to systematically collect or use content from the Site or Service (including via data mining or similar methods). We reserve the right to terminate your use for violating any prohibited use.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of the Service will be uninterrupted, timely, secure, or error-free, or that results will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods or cancel the Service at any time, without notice.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. Except as expressly stated by us, the Service and all products and services delivered through the Service are provided “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS,” and “WHERE IS,” without any representations, warranties, or conditions of any kind, express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DILJEE’S (ONESTART LLC) OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES), WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY. OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS IS LIMITED TO THE LESSER OF (I) THE FEES ACTUALLY PAID BY YOU FOR USE OF THE SERVICES OR (II) ONE HUNDRED U.S. DOLLARS (US $100.00).

Our technology, software, code, and proprietary methods (“Our Technology”) and the content on the Site and Services (“Our Content”) are protected by copyright and other intellectual property laws and owned by us or our licensors. Neither Our Content nor Our Technology may be copied, modified, reproduced, republished, posted, transmitted, sold, or redistributed without prior written permission.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Diljee’s (Onestart LLC) and its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (a) your breach of these Terms or documents incorporated by reference; (b) your violation of any law or third-party rights; (c) information you submit, post, or transmit through the Site or Services; (d) your use of the Site or Services; (e) your violation of others’ rights; or (f) any harmful code introduced by you.

SECTION 15 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed. This shall not affect the validity and enforceability of any other provisions.

SECTION 16 – TERMINATION

Obligations and liabilities incurred prior to termination shall survive termination for all purposes. These Terms are effective unless and until terminated by either party. You may terminate at any time by notifying us that you no longer wish to use our Services or when you cease using the Site. If, in our judgment, you fail (or we suspect you have failed) to comply with any provision of these Terms, we may terminate this agreement at any time without notice; you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Services.

SECTION 17 – ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision shall not constitute a waiver.
These Terms and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us, governing your use of the Service, and supersede any prior or contemporaneous agreements, communications, and proposals (oral or written). Any ambiguities shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, U.S.A., without regard to conflicts of law principles.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to the Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to the Site or the Service following the posting of changes constitutes acceptance of those changes. If you object to changes, your sole remedy is to stop using the Site/Services.

SECTION 20 – DISCONTINUATION OR MODIFICATIONS

We reserve the right to modify or discontinue the Site or Services with or without notice. We will not be liable to you or any third party should we exercise this right. If you object to any changes, your sole remedy is to cease using the Site/Services. Continued use following notice of any changes indicates your acknowledgment and acceptance.

SECTION 21 – DISPUTE RESOLUTION (ARBITRATION; NO CLASS ACTIONS)

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR THE RELATIONSHIP BETWEEN YOU AND US WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR, RATHER THAN IN COURT, AND WITHOUT A JURY. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

The arbitration will be administered by the American Arbitration Association (AAA) in Arlington, Virginia, under the AAA rules then in effect. Notwithstanding the foregoing, we may bring a claim related to intellectual property rights, or seek temporary or preliminary injunctive relief, in any court of competent jurisdiction, without posting bond or other security. The parties consent to the personal and subject matter jurisdiction and venue of the Circuit Court of Arlington County, Virginia, or the U.S. District Court for the Eastern District of Virginia (collectively, the “Court”).

The arbitrator’s decision will follow the terms of this Agreement and be final and binding. The award may be confirmed and enforced in any court having jurisdiction. If a court decides any part of this provision is invalid or unenforceable, the remainder shall still apply; however, if the waiver of class or representative actions is found unenforceable, then the entirety of this Section 21 shall be null and void.

SECTION 22 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to:
contact@diljees.com