TERMS OF USE

Welcome to the www.dots.com site ("Site"). Please read the below terms and conditions of use for the Site ("Terms of Use"). The Site is made available by Dots, LLC ("Dots") to only to those who agree to these Terms of Use. As such, these Terms of Use govern and control your access to and use of the Site and by accessing and using the Site you are agreeing to be bound by these Terms of Use. If you do not agree to be bound by these Terms of Use, you are not authorized to use the Site.

Please review our Privacy Policy to understand our privacy practices. The Privacy Policy is incorporated as part of these Terms of Use.

Except for brand names and trademarks of third-party vendors of merchandise that may be featured on the Site, or unless otherwise noted, all Dots trademarks, trade names, service marks, service names, product names, and intellectual property, whether or not delineated in large print or with trademark symbols or in any other fashion, are trademarks and/or intellectual property of Dots. All materials, including images, text, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this Site (collectively, the "Contents") are copyrights owned by Dots.

This Site and all its contents are intended solely for personal and non-commercial use of Dots clients. You may download or copy the Contents displayed on the Site for your personal use only. No right, title or interest in any downloaded 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, broadcast, post, 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, without the prior written permission of Dots.

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Dots on or by this Site or otherwise disclosed, submitted or offered to Dots by any other means (collectively, "Comments") are provided by you on a non-confidential basis. By submitting Comments, you are granting Dots an irrevocable and unrestricted license to use such Comments for any purpose whatsoever, including use, reproduction, publication, broadcast, posting, modification, transmission, display, and distribution of the Comments. However, because we value the trust that you have placed in us, we will not use any of your personal information (name, etc.) in connection with your Comments without your consent. For further information regarding Dots protection of your personal information, please see our Privacy Policy. Dots is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to you any compensation for any Comments; or (3) to respond to any Comments.

You agree that no Comments submitted by you will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you will be or contain libelous or otherwise unlawful, abusive or obscene material. You are solely responsible for the content of any Comments you make.

Dots will use reasonable efforts to include accurate and current information on the Site, but there may be occasions when information on the Site contains typographical errors, inaccuracies or omissions. Dots makes no warranties or representations regarding the accuracy of such information and will not be bound thereby. Dots reserves the right to correct any errors and to update Site information at any time. We apologize for any inconvenience this may cause you.

We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, the actual colors you see will vary from product to product.

This Site may contain links to other Websites that are not under the control of Dots. Dots has no responsibility or liability for the linked Websites or their content, services and/or products nor does Dots endorse the linked Websites, their content, advertising, services and/or products. Dots provides the links solely for the convenience and information of its Site users. When you access a non-Dots website, please realize that it is independent of Dots. Linking to any off-site pages is at your own risk. In addition, certain third party sites may also provide links to the Site. None of such links should be deemed to imply that Dots endorses such third party sites or any content therein.

You further acknowledge and agree that, under no circumstances, will Dots be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other Websites (regardless of whether the Site is directly or indirectly linked to such content, advertisements, products or other resources). You should direct any concerns with respect to any other Website to that Website's administrator or webmaster.

The Site may not be used in any manner that is unlawful or harmful to the rights of Dots, any of its customers or any third party. In no event shall you use the Site in a manner that exceeds the specific authorization granted by Dots under these Terms of Use or by other express written agreement. The prohibition on unauthorized uses includes (but is not limited to) an express prohibition on any attempt to: (a) retrieve, alter, or destroy data on, from or through the Site; (b) probe, scan or test the vulnerability of a system or network on, from or through the Site; or (c) breach or defeat system or network security measures on, from or through the Site such as authentication, authorization, confidentiality, intrusion detection, or monitoring; (d) interfere with or disrupt the Site or the business, operations or services of Dots; (e) interfere with or disrupt any computer, host, network, or telecommunications device maintained by Dots or any third party; (f) interfere with or disrupt the legitimate use of the Site by any person; (g) transmit, distribute, disseminate, publish or store any information that is in violation of any applicable law or regulation or is defamatory, offensive, abusive, obscene, hateful, inflammatory, pornographic, profane, indecent, or harassing, or that threatens or encourages injury to persons or property or infringement of the lawful rights of Dots or any other party; (h) violate the privacy rights of any party under applicable law or regulation; (i) use any technology that is or reasonably should be known to contain software viruses, trojan horses, or any computer code, files, or programs designed to disrupt, destroy, invade, gain unauthorized access to, corrupt, observe, or modify without authorization, any data, software, computing or network devices, or telecommunications equipment of Dots or any of its customer or any other third party; (j) use the facilities of the Site to send, relay, forward, bounce, reply, or otherwise route commercial or non-commercial unsolicited electronic messages (commonly referred to as "spam") or commercial electronic messages even if previously solicited by the intended recipient; and (k) copy (whether directly or by use of any "scraping" or related technology) any of the contents of the Site.

If you are required to establish or use an account on the Site (whether or not as a customer) and have been provided with a user name and password for such purpose, you are responsible for maintaining the strict confidentiality of that information. You are also responsible for any activity conducted under your account. You agree to: (a) immediately notify Dots of any unauthorized use of your password or account or any other breach of the Site's security; and (b) ensure that you log-off and exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, and control access to and use of your account. It is also your sole responsibility to notify Dots if you desire to cancel your account on the Site. Dots will not be responsible or liable for any loss or damage arising from your failure to comply with this provision. Dots reserves the right to monitor and review your account, your Comments and your activity for compliance with these Terms of Use.

THIS WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AND ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, VENDORS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. DOTS DISCLAIMS, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL REPRESENTATIONS AND WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES (I) OF TITLE, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, (II) RELATED TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES (COLLECTIVELY "MATERIALS") INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, (III) AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR THE ACCURACY, RELIABILITY, OR CONTENT OF ANY MATERIALS PROVIDED THROUGH THE SITE, (IV) THAT THE SITE WILL BE ERROR FREE, AVAILABLE AT ALL TIMES, OR AVAILABLE WITHOUT INTERRUPTION, AND (V) THAT THIS SITE, MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, DOTS SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM DOTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DOTS EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE CONTENTS ON THIS SITE, ALTHOUGH DOTS MAY MODIFY THE CONTENTS AT ANY TIME WITHOUT NOTICE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND ITS CONTENT IS AT YOUR SOLE RISK AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT AND HARDWARE YOU USE IN CONNECTION WITH YOUR USE OF OUR WEBSITE.

NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DOTS THROUGH THE SITE SHALL CREATE ANY WARRANTY. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. YOU SHOULD NOT RELY ON THE SITE TO MAINTAIN ANY SUBMISSIONS YOU MAY MAKE; YOU SHOULD RETAIN ALL SUCH DATA AND INFORMATION IN YOUR OWN RECORDS FOR USE IN THE EVENT THAT THE SITE FAILS OR IS UNAVAILABLE, OR THE DATA OR INFORMATION IS LOST.

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

NEITHER DOTS NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE OR ANY ASPECT THEREOF SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THIS SITE, OR FROM ANY INFORMATION, CONTENT, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, OR ERRORS OR OMISSIONS IN THE CONTENT THEREOF, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF ANY JURISDICTION PROHIBITS THE FOREGOING DISCLAIMERS OF WARRANTY, LIMITATIONS OF LIABILITY, AND EXCLUSIONS, IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY THE JURISDICTION.

You agree to defend, indemnify and hold Dots and its directors, officers, and employees harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising in any way from or related to your use or misuse of the Site or arising from your violation of the law or of any of these Terms of Use.

When we run contests or promotions, we may post specific contest rules on a page on this Site. Those rules shall be incorporated as part of these Terms of Use.

This Agreement shall be governed, construed and enforced in accordance with the laws of the State of Ohio, without regard to any conflict of law provisions. Any dispute arising under these Terms of Use shall be resolved exclusively by the state and federal courts of the State of Ohio, County of Cuyahoga, Northern District of Ohio, Eastern Division and you hereby irrevocably consent to the personal and exclusive jurisdiction of such courts.

Dots controls and operates this Site from its offices in Ohio in the United States of America . Dots does not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent applicable.

Dots may terminate these Terms of Use, terminate or suspend any of your passwords or accounts and deny you access to the Site at any time, immediately and without notice, if in Dots sole discretion in the event Dots considers any of your conduct unacceptable or in the event you fail to comply with any Terms of Use.

The provisions above relating to Site Content, User Comments, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law and General will survive termination of these Terms of Use and termination of your access and/or use of the Site.

Dots reserve the right to make changes to these Terms of Use at any time. Continued use of the Site by you after any such changes shall be deemed to constitute acceptance by you of such modifications.

Should any provision of these Terms of Use be held to be void, invalid, unenforceable or illegal by a court of competent jurisdiction, the remaining provisions hereof shall remain in full force and effect. The waiver of any breach or default of these Terms of Use will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. These Terms of Use constitute the complete agreement of the parties with respect to your access and/or use of the Site, and your use and receipt of services and products from the Site, and supersede all prior agreements and understandings in relation thereto.

If you have any questions regarding these Terms of Use, please contact: