Welcome to the daydistrict.com website (hereafter referred to as the "Site") which is operated by or for DayDistrict, its affiliates or related companies, referred to collectively as DayDistrict. The following terms govern your use of and/or purchase of products from the Site. Be advised that your use of the Site constitutes your agreement to follow and be bound by all of the following terms and conditions (the "Agreement").
We may from time to time change the terms that govern your use of the Site. Your use of the Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, the Site from time to time, for any reason, with or without notice.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, music, and written and other materials that appear as part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other forms of intellectual property owned, controlled and/or used under license or with other legal authority by DayDistrict. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by DayDistrict.
The Contents of the Site, and the Site as a whole, are intended solely for personal, non-commercial (other than for the purchase of merchandise from the Site) use by the users of the Site. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
CORRECTION OF ERRORS AND INACCURACIES
The information on the Site may contain typographical errors or inaccuracies and may not be complete or current. DayDistrict therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time with or without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing, product availability or otherwise. We apologize for any inconvenience this may cause. If you are not fully satisfied with your purchase you may return it in its original condition, with the original packing receipt within 10 days of the order date, subject to compliance with all other terms and conditions of DayDistrict’s Return Policy. Please refer directly to that policy for additional information.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to DayDistrict on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain the sole property of DayDistrict. Such disclosure, submission or offer of any Comments shall constitute an assignment to DayDistrict of any and all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, DayDistrict shall own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Without limiting the foregoing, DayDistrict is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to you or any other person or entity any compensation for any Comments; or (3) to respond to any Comments.
DAYDISTRICT’S COMMUNICATIONS TO YOU
Most products displayed at the Site are available in select stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale at the Site may not be available in stores. Although availability may be indicated on the Site, we cannot guarantee product availability and products, nonetheless, may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.
We have made efforts to display accurately the colors of products that appear at the Site. However, as the actual colors you see will depend on your monitor and/or other technological circumstance, we cannot and do not guarantee that your monitor's display of any color will be accurate.
LINKS TO OTHER WEB SITES AND SERVICES
To the extent that the Site contains links to outside services and resources, the availability and content of which DayDistrict does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT NEITHER DAYDISTRICT NOR ANY OF ITS AFFILIATES, OWNERS, AGENTS, OFFICERS, DIRECTORS, OR EMPLOYEES SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.
You agree to defend, indemnify and hold harmless DayDistrict and/or any of its affiliates, owners, officers, directors, employees and/or agents from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. You agree to bring any dispute arising under this Agreement exclusively in the State and Federal courts of the State of California in Los Angeles County.
This Agreement is effective unless and until terminated by DayDistrict. DayDistrict may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in DayDistricts’s sole discretion you fail to comply with any term or provision of this Agreement, or if DayDistrict for any reason otherwise so decides to terminate. Upon any termination of this Agreement, you must promptly destroy all materials downloaded or otherwise obtained from the Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
DayDistrict takes fraud prevention very serious and will continually work to protect the security of our card-carrying customers. We reserve the right to flag any online order for fraud prevention purposes. This may cause delays in processing. Customers are encouraged to provide accurate contact information and customer service representatives will make any correspondence attempts to the contact information provided. Customers submitting orders with varying information may be subject to such delays in processing. Flagged orders may be held from processing to await explanation regarding the variance between the billing and shipping information provided. First-time orders from new customers at above-average dollar amounts may only be authorized to ship to the billing address provided. Orders submitted using unsupported credit card information (often international) may be asked to confirm authorization by submitting a government-issued identification card that matches the information on file with the bank for the credit card holder. International customers who elect to ship to freight forwarding/drop shipping companies may have their orders canceled at managerial discretion.