Terms and Conditions


Agreement between user and the Dicks and Janes
Welcome to the Dicks and Janes website. The www.umich.edu/~dandj/ (the “Site”) is comprised of various web pages, including www.dicksandjanes.com, operated by University of Michigan Dicks and Janes (“Dicks and Janes”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Privacy
Your use of the Site is subject to Dicks and Janes Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications
Visiting www.umich.edu/~dandj/ or sending emails to the Dicks and Janes constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Cancellation/Refund Policy
Cancellations on orders of merchandise will only be accepted before merchandise is shipped. Merchandise will be shipped within 2-4 business days of ordering. Refunds are available but will be made only at the discretion of the Dicks and Janes. By ordering merchandise you agree to this policy.

Exigent circumstances may cause the cancellations of events from either party (the Dicks and Janes or the hiring party). If a cancellation occurs, the cancelling party must attempt to contact the other party and alert them to the cancellation as soon as possible. Failure to do so may entitle the uninformed party to compensation. Refunds for events are not available. By hiring the Dicks and Janes you agree to this policy.

Links to third party sites/Third party services
The Dicks and Janes websites contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the Dicks and Janes and the Dicks and Janes are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to  a Linked Site. The Dicks and Janes provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Dicks and Janes of the site or any association with its operators.

No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Dicks and Janes websites strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to the Dicks and Janes that you will not use the Site for any purpose that is unlawful or prohibited by these Terms, including but not limited to the construction or use of intercontinental ballistic weaponry, doomsday devices, annoying sound effects, or over-sized novelty items. You also agree not to access the Dicks and Janes websites while operating heavy machinery or firearms, or while performing dentistry or surgery. Accessing while providing first aid or first responder care is acceptable. You also may not use the site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Dicks and Janes or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto. The exception to this is the original website template, which is released under a Creative Commons copyright agreement.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Dicks and Janes content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of the Dicks and Janes and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Dicks and Janes or our licensors or licensees except as expressly authorized by those Terms.

Materials provided to the Dicks and Janes or posted on any Dicks and Janes webpage
The Dicks and Janes do not claim ownership of the materials you provide to the Site or group, or submit to the Dicks and Janes or our associated services. However, by posting, uploading, inputting, providing, or submitting your content you are granting the Dicks and Janes, our affiliated organizations and necessary sub-licensees permission to use your content in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, redistribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content; and to publish your name in connection with your content.

International Users
This Service is controlled, operated and administered by Dicks and Janes from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Dicks and Janes Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Indemnification
You agree to indemnify, defend, and hold harmless the Dicks and Janes, its officers, directors, members, alumni, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. The Dicks and Janes reserve the right, at their own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Dicks and Janes in asserting any available defenses.

Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE UNIVERSITY OF MICHIGAN DICKS AND JANES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

THE UNIVERSITY OF MICHIGAN DICKS AND JANES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE UNIVERSITY OF MICHIGAN DICKS AND JANES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE UNIVERSITY OF MICHIGAN DICKS AND JANES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE UNIVERSITY OF DICKS AND JANES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSAFISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

IF YOU DON’T LIKE IT, BITE ME

Termination/access restriction
Dicks and Janes reserve the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Michigan, and you hereby consent to the exclusive jurisdiction and venue of courts in Michigan in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Dicks and Janes as a result of this agreement or use of the Site. The Dicks and Janes’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Dicks and Janes’ right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Dicks and Janes with respect to such use (see privacy policy). If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

This agreement constitutes the entire agreement between the user and the Dicks and Janes with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and the Dicks and Janes with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms
The Dicks and Janes reserve the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. The Dicks and Janes encourage you to periodically review the Terms to stay informed of our updates.