Welcome to the DeCrescente Distributing Company, Inc. website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use that govern the relationship between you and DeCrescente Distributing Co. in relation to this website.
Your use of our website or any of the products or services (referred to collectively as the “Services”) offered on this site is subject to these Terms and Conditions of Use (“Terms”). We may modify these Terms at any time without notice to you by posting the revised Terms on our site. Your use of the site constitutes your binding acceptance of these Terms, including any modifications made to the site or to these Terms and Conditions of Use.
We have the right, not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without providing you any prior notice:
- Restrict, suspend or terminate your access to all or any part of our Services;
- Change, suspend or discontinue all or any part of our Services;
- Refuse, move or remove any material submitted to our sites for any reason;
- Refuse, move or remove any content available on our sites;
- Establish general practices and limits regarding use of our sites.
You agree that we will not be liable to you or any third-party for taking any of the above listed actions.
Our failure to enforce any right or provision of the Terms does not constitute a waiver of such rights or provisions.
II. SITE CONTENT
All materials published on our site, including, but not limited to, written content, photographs, graphics, images, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, distribute, create derivative works of, publicly display, or in any way exploit any of the materials or content published on our site in whole or in part.
III. THIRD-PARTY PRODUCTS
We do not manufacture any of the products listed or advertised on our site and we disclaim any liability or responsibility related to them. Your correspondence or related activities with third parties are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damages incurred through any transactions with third parties. Any questions, complaints or concerns about a third-party product or service should be directed to the third-party company.
IV. YOUR CONDUCT ON OUR SITE
Without limitation, you agree that you will not use our site to take any of the following actions:
- Defame, abuse, harass, threaten, or otherwise violate the legal rights of others;
- Publish, upload, e-mail, or post any inappropriate, defamatory, libelous, offensive, obscene, indecent or unlawful content;
- Transmit files that contain viruses, corrupted files or other similar software programs that can adversely affect the operation of another person’s computer, our site, or our software equipment;
- Advertise or offer to sell goods or services for any commercial purpose unless authorized to do so;
- Interfere with or disrupt our site;
- Engage in any illegal activities.
Use of our site is subject to existing laws and legal procedures. Nothing contained in these Terms will limit our responsibility to comply with governmental, court and law enforcement requests relating to your use of the site.
This section provides our policy regarding the nature, purpose, use and sharing of any information collected through our website. DeCrescente Distributing Co., Inc. respects the privacy rights of users and recognizes the importance of protecting the information collected about you. The information you provide on our site, or through any of our sweepstakes, contests or promotions, will only be used for its intended purpose.
Submitting information is strictly voluntary. By doing so, you give DeCrescente Distributing Co., Inc. your permission to use the information for its intended purpose. However, not providing certain information may result in our inability to provide you with information, participation or services you desire. We will not provide others with your personal information, including your name, phone number and e-mail address, unless you expressly authorize us to do so.
DeCrescente Distributing Co. collects certain information to effectively operate the website and various promotions, programs, contests, and sweepstakes we sponsor and to ensure the best experience for those participating. In addition, we collect Data to identify those participating and to verify that they meet the eligibility criteria for each promotion, program, contest, or sweepstakes. This collected Data may include your name, address, phone number, email address, driver’s license number, birthdate, and other personal identifying information. Any Data is used strictly for the purposes stated herein or otherwise in the Official Rules as DeCrescente Distributing Co. does not share, sell, or otherwise provide Data to any third party.
VI. RELEASE; INDEMNIFICATION; LIMITATION OF LIABILITY
Release. Anyone entering this website, including any of their heirs, executors, trustees, successors or assigns (the “Releasor”), hereby knowingly and voluntarily fully releases and forever discharges DeCrescente Distributing Company, Inc., and its past, present and future owners, employees, officers, directors, shareholders, principals, agents, attorneys, trustees, representatives, contractors, assigns, subsidiaries, affiliates and divisions (collectively the “DeCrescente Releasees”) from all and all manner of past, present or future claims, demands and actions in law or in equity, in tort or in contract, or under any other theory of recovery, of whatever kind or nature, whether known or unknown, whether now existing or hereinafter arising (collectively the “claims”), which Releasor ever had, now has or may have hereafter against the DeCrescente Releasees, arising out of or relating in any manner to Releasor’s use of this website, regardless of the cause, including, without limitation, negligence on the part of the DeCrescente Releasees.
Indemnification. By entering this website, you hereby agree to indemnify, defend and hold DeCrescente Distributing Co., Inc. and all of our officers, directors, owners, employees, agents, affiliates, partners and licensors harmless from and against any and all liability, losses, costs and expenses (including attorney’s fees) arising from, or related to, any claim, including, but not limited to: copyright infringement, defamation, or trademark infringement arising out of:
- Your use of our site;
- Your violation of these Terms;
- Your connection with this site;
- Your violation of the rights of any person or entity;
- Your participation in any promotion, contest or sweepstakes;
- The content or quality of Your Content submitted to our site.
Limitation of Liability. If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover from DeCrescente Distributing Co. or any affiliates, partners, sponsors, suppliers, vendors or venues, direct damages up to an amount equal to out of pocket expenses. You can’t recover any other damages or losses, including, without limitation, direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn’t fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to any claims related to these Terms and your use of this website.
You must be 21 years of age or older to enter this website and have provided verification as such. DeCrescente Distributing Co. is not responsible for anyone under 21 years of age entering this site under false pretenses.
Our site is not advocating the abuse of alcoholic beverages. It is not the intent to promote misuse of alcohol, binge drinking, alcoholism, hazing or any other form of alcohol abuse. DeCrescente Distributing Co. cannot take responsibility for any effects that alcoholic beverages may have on a person.
Our site and its content is distributed on an “as is, as available” basis. Any material or information that you download or otherwise obtain through our site is done at your own discretion and risk. You expressly agree that you will assume the entire risk as to the quality and the performance of our site and the accuracy and completeness of the content.
DeCrescente Distributing Co., and our employees, suppliers, affiliates, partners, sponsors, vendors and venues, make no warranties, express or implied, guarantees or conditions with respect to your use of this website. You understand that use of this website is at your own risk and that we provide entry on an “as is” basis “with all faults” and “as available.” You bear the entire risk of use. DeCrescente Distributing Co. does not guarantee the accuracy or timeliness of information available. To the extent permitted under applicable law, we exclude any implied warranties, including for merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort, and non-infringement. You may have certain rights under applicable law. Nothing in these Terms is intended to affect those rights. You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime occur. We do not guarantee that your use will be uninterrupted, timely, secure, or error-free or that content loss won’t occur, nor do we guarantee any connection to or transmission from the computer networks.