Terms of Use

Welcome to the website ("Site") of Dippin' Dots Inc. ("DDI", "we," "us," or "our").  PLEASE REVIEW THE TERMS OF USE CAREFULLY BEFORE USING OUR SITE.  This Site is fully owned, controlled and operated by DDI.  Your use of our Site constitutes your assent to follow and be legally bound to all of the terms and conditions included within our Site.  If you disagree with any of the terms or conditions of our Site, please do not use this Site.  By using this Site, you further agree that your use will be made in accordance with any governing laws, and your use will not interfere with the Site nor be used for any illegal or improper purpose.

DDI reserves the right, at our sole discretion, to change, modify, revise, or discontinue any webpage, service, term, or condition contained within this Site at any time.  Any change, modification, revision, or discontinuation will become effective immediately upon the posting on our Site.  Please frequently review the terms and conditions included within our Site.  Your subsequent use of our Site after any change, modification, revision, or discontinuation will constitute your acceptance of any new, modified, revised, discontinued content, terms, or conditions within our Site.

Disclaimer.  THIS SITE AND ALL CONTENTS OF THIS SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.  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 REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT WE OR ANY THIRD PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY TYPE OF DAMAGES TO THE FULLEST EXTENT ALLOWED BY LAW.  WE DO NOT WARRANT THAT ANY INFORMATION, FUNCTIONS, APPLICATIONS, CONTENT, OR OTHER MATERIALS (WHICH INCLUDE WITHOUT LIMITATION USER GENERATED CONTENT OR INFORMATION) WILL BE FREE FROM ERRORS, THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED, THAT ANY TYPE OF ACCESS TO OUR SITE WILL BE UNINTERRUPTED, OR THAT ANY CONTENT OR INFORMATION LOCATED IN OUR SITE WILL BE FREE FROM ELECTRONIC VIRUSES OR OTHER POTENTIALLY HARMFUL PROGRAMS OR COMPONENTS.  THE ENTIRE RISK OF THE ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS, QUALITY AND VALIDITY OF ANY OF THE INFORMATION OR MATERIALS CONTAINED WITHIN OUR SITE LIES WITH YOU. 

To the extent that we provide information, content, or hyperlinks to websites to or from parties or entities not owned by DDI, such content is provided for informational purposes only and we do not independently investigate the validity or accuracy of the information provided.  We expressly disclaim all warranties express or implied relating thereto.  We do not endorse or take responsibility for any products or services or the delivery of any products or services accessed, obtained or procured, or advertised from such websites.  DDI nor any of its affiliates or subsidiaries will be liable or responsible for any errors, omissions, or results obtained by the use of any information contained within these websites as well.  DDI will not incur any type of liability for any type of damages resulting from but not limited to negligence, breach of contract, libel, defamation, infringement of copyright or other intellectual property rights, arising from the exhibition, dissemination, distribution, or exploration of any information contained within the hyperlinked websites of third parties.  Any claim against DDI is hereby waived for any information, content or material (including without limitation user generated content) represented on any third party website or any information provided to the third party website (including without limitation personal, financial, or other type of identifying information).

From time to time there may be information located within our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability.  We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at anytime without prior notice (including after you have submitted you order).  

Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THIS SITE, NOR SHALL WE BE HELD LIABLE FOR ANY DAMAGES INCLUDING BUT NOT LIMITED TO THE AFOREMENTIONED DAMAGES FOR THE CONDUCT OR ACTIONS (ONLINE OR OFFLINE) OF ANY USER OF THIS SITE.

Applicable laws may limit the exclusion of certain warranties or liability for certain types of damages.  Therefore, some of the limitations listed above may not be applicable to your situation.  However, in no event shall DDI's total liability to you for any claims, damages, or loss in contract or tort (including but not limited to negligence) exceed the amount paid by you, if any, for accessing our Site.

Non-waiver.  A failure to enforce any of the terms or conditions located in our Site shall not constitute a waiver of any right under these terms or any others for any past of future actions of any party.  Furthermore, you represent and warrant that DDI will not be estopped from asserting any term or condition located within this agreement because of a previous lack of enforcement.  Only a document signed by an authorized representative of DDI will have any legal effect to waive any of the terms and conditions included within our Site..

User-Generated Content, Chat rooms, Discussion Boards.  To the extent that users can post information and exchange any ideas, opinions, or representations (artistic or otherwise), please be advised that these ideas, opinions, or representations do not necessarily reflect the ideas of DDI.  DDI assumes no responsibility or liability, under any event, for any claims, damages, or losses resulting from the use or viewing of the ideas, opinions, or representations of users that appear on this Site.  You hereby warrant and represent that you own or are authorized to use any ideas, opinions, or representations (artistic or otherwise) provided to DDI and any information, ideas, opinions, or representations expressed to DDI shall not infringe any right of a third party or contain any harassing, threatening, insulting, libelous, slanderous, tortious, or otherwise unlawful information or content.

You authorize DDI to use, and any others DDI may designate to use, your ideas, opinions, or representations (artistic or otherwise) provided to DDI in whole or in part, in any and all places, in any type of available media, and in way or form that may appeal to DDI.  Without limiting the aforementioned statement, DDI reserves the right to use and change any information, ideas, opinions, or representations (artistic or otherwise) expressed to DDI in any manner that we may determine.  However, we reserve the right, but disclaim any obligation, to revise, edit, or remove any content or information supplied to us, in our sole discretion.  Any chat room, message board, or other forum in which user-generated content may be displayed must be in compliance with the use sanctioned by DDI.  We may revoke user privileges when the ideas, opinions, or representations (artistic or otherwise) are not made pursuant to our sanctioned activity.

Indemnification. You are entirely responsible for maintaining the confidentiality of any username(s), password(s), and user account(s) as well as any activity resulting from the use of these accounts.  You agree to defend, indemnify, and hold us, our licensors, licensees, or other representative parties harmless from and against any and all claims damages, costs and expenses (including without limitation settlement costs, legal fees, and any other expenses incurred investigating or defending an action) arising from or related to your use of the Site.  You shall cooperate with us to the fullest extent you are capable in the defense of any claim.  We reserve the right to assume exclusive control and/or employ separate counsel of any matter subject to indemnification by you.

Content and Intellectual Property.  Unless otherwise noted, all materials, including images, illustrations, designs, icons photographs, video clips, and written and other materials that appear as part of the compilation of this Site (collectively the "Contents") are copyrighted materials protected by law, and are the property of DDI, unless otherwise noted.  To the extent that we include certain trademarks or service marks owned by other parties, on the Site, such trademarks or service marks are the property of their respective owners.  The overall dressing and appearance of the site is the proprietary trade dress of DDI.  The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site.  You may download or copy approved materials or other downloadable materials displayed on the Site for your personal use only.  The Contents and other downloadable material may not be used for any commercial or other use.  No right, title, or interest in any downloadable materials or software is transferred to you as a result of any such downloading or copying.  You may not reproduce (except as noted above), 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.

Miscellaneous.  Any dispute arising under these terms and conditions shall be resolved exclusively by the state and federal courts of the Commonwealth of Kentucky, applying Kentucky law without regard to any conflict of law provisions.  No software from this Site may be downloaded, exported or re-exported in violation of any law, including without limitation, any country subject to any applicable U.S. restrictions.

Effective:  June 28, 2007

Dippin' Dots Forty Below Zero Club 

Dippin' Dots Forty Below Zero Club is open to all legal U.S. residents 13 years of age or older, from all 50 states, and the District of Columbia.  Children under 13 years of age may join Dippin' Dots 40 Below Club with their parents' consent.

Dippin' Dots is concerned with the privacy interests of children and encourages parents and guardians to take an active role in their children's online activities and interests. 

If someone under the age of 13 has provided us with personal information, Dippin' Dots asks that the parent or guardian of that person contact us at the contact information listed below.  If the parent requests us to do so, or has not provided Dippin' Dots with their consent for their child to register with the 40 Below Club, we will remove such information from our records.

Information you provide when enrolling in the Dippin' Dots 40 Below Zero Club is used solely for providing you with a better consumer experience. Members of the club may receive information about contests, coupons, offers and products in semi-frequent correspondences.

Please see http://www.dippindots.com/terms-of-use/ for more information about Dippin' Dots' online privacy policy and terms of use.

If you would like to cancel your membership, or find out more about the Dippin' Dots 40 Below Zero Club write to email@dippindots.com or contact us by telephone at (270) 443-8994.