Welcome to the Duane Washington Jr Web sites, which include but are not limited to Duanewashington.com, (the “Sites”). The Sites are provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of the Sites (the “Agreement”).
This Site as a whole and all material on this Site is protected by copyright and other intellectual property rights. See separate copyright and trademark notice for further information.
This Site may contain links to other websites. Duanewashington.com is not responsible for the availability of, or any content or material contained in or obtained through, any such sites. Duanewashington.com does not, by linking to another site, or by making reference to any third-party information, products or services, endorse those sites or materials. Any questions or comments relating to any other site should be addressed to the operator of those sites. No linking to this website is permitted without Duanewashington.com’s prior written permission.
The material in this Site may contain inaccuracies or typographical errors. Duanewashington.com is not liable or responsible for any inaccuracies or errors, or for any loss or damage caused by or arising from any user’s reliance on information obtained from or through this Site. It is your responsibility to evaluate the information and other content available through this Site. This Site and the information and materials contained in this Site are subject to change at any time, and from time to time, without prior or subsequent notice.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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 on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).
You agree to defend, indemnify and hold Duane Washington Jr harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Sites and/or your breach of any representation, warranty, or other provision of the Agreement.
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and Duane Washington Jr agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Sites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Both you and Duane Washington Jr agrees that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
Choice of Law
This Agreement shall be construed in accordance with the laws of the State of Missouri, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of Missouri. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of CHM’s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Sites.
These terms are effective unless and until terminated by either you or Duane Washington Jr You may terminate this Agreement at any time. Duane Washington Jr also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Sites, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
This site and the contents of this site are provided on an “as-is” and “as-available” basis. Duanewashington.com makes no representations or warranties of any kind, express or implied, including, but not limited to, warranties of title or freedom from malicious programs (such as viruses, worms or trojan horses) or implied warranties of merchantability or fitness for a particular purpose, with respect to this site or its contents and expressly disclaims any representations and warranties. Duanewashington.com does not represent or warrant that the information contained in this site is accurate, complete or up-to-date, that this site is free of defects or that any defects will be remedied. You agree, by using this site, that your use of this site is at your sole risk, that you assume full responsibility for all loss of use, loss of data and costs associated with all necessary servicing or repairs of any equipment and/or software that you use in connection with this site, and that Duanewashington.com shall not be responsible or liable for any damages of any kind whatsoever arising out of, caused by or related to your use of this site. Where applicable law does not allow the exclusion of implied warranties, some or all of the foregoing disclaimers of warranty may not apply to you.
If you have any questions, concerns or doubts please, email us at email@example.com.