Privacy Policy

For information on how DeWitt Companies collects, uses, and protects personal information you may provide on this Website, read our Privacy Policy available at www.dewittmove.com/privacy (the “Privacy Policy”). The Privacy Policy is incorporated by reference into these Terms of Use. Please print a copy for your records.

GEOGRAPHIC SCOPE OF WEBSITE
This Website is controlled and operated from within the United States, and DeWitt Companies makes no representation that materials in this Website are appropriate or available for use in locations outside the United States. In addition, you are responsible for complying with any and all local laws in your jurisdiction that may impact your right to use this Website. By using this Website, participating in any Website activities and/or providing DeWitt Companies with your personal information, you (a) consent to the transfers and processing of any information you provide to this Website; (b) acknowledge that U.S. law provides a lower standard of protection for personal data than the laws of various countries including the European Union; and (c) understand that this Website will deal with your information in accordance with the Privacy Policy and U.S. law. Consequently, you hereby waive any claims that may arise under the laws and regulations that apply to you in any other country or jurisdiction.

ACCOUNTS, PASSWORDS, AND SECURITY
In order to access or use some features of this Website, you may have to become a registered user. When you are registering for an account, you must give us accurate and complete infor-mation. This means that you cannot set up an account using someone else’s name or contact information, and in no event can you set up an account using a phony name or phony contact information. You are completely responsible for your account and everything that happens on your account. This means you need to be careful with your password. If you find out that someone is using your account without your permission, you must let us know immediately. You may not transfer your account to someone else. You will be liable for losses and damages incurred by DeWitt Companies (or anyone else) due to the unauthorized use of your account.

POSTING TERMS OF USE
The following posting terms of use apply to the extent that this Website includes functionality allowing users to upload, submit, or otherwise transmit any information, images, photos, audio, video, location data, or other material or communications (e.g., user-generated content including blog comments and forum messages and any information that you may reveal in your user pro-file, uploaded photographs, or review postings) via or in connection with this Website.

Your submission of any material whatsoever (including a comment, story, image(s), photo-graph(s), etc.) to this Website constitutes your agreement to these Terms of Use, including the Privacy Policy, which you acknowledge you have read and understand in full.

USE OF YOUR SUBMISSION. By posting or otherwise submitting your comment, story, vid-eo(s), photograph(s), image(s), or any other type of submission (each a “Submission”), you hereby irrevocably grant to DeWitt Companies all present and future rights, title, and interest of every kind and nature whatsoever, including all copyrights and all rights incidental, subsidiary, ancillary, or allied thereto (including all derivative rights) in and to the Submission, and any ideas, concepts, or elements embodied therein, for use throughout the universe in any manner or ven-ue and for any purpose (including for purposes of advertising, promotion, or trade in promoting and publicizing DeWitt Companies and its products and services) by means of any and all media and devices (whether now known or hereafter devised) in perpetuity. DeWitt Companies shall have the right, in its sole discretion, to edit, duplicate, or alter the Submission in any manner for any purpose that DeWitt Companies deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Submission. You further agree that you shall have no right of approval and no claim to compensation in connection with the Submission. By submitting a Submission, you also grant DeWitt Companies the right, but not the obligation, to use your biographical information including your name and geographical location in connection with online or other use or publication of your Submission.

REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION. You represent and warrant to DeWitt Companies as follows: (a) you are voluntarily submitting the Submission; (b) you under-stand that no copy of your Submission will be returned to you; (c) the content of the Submission is previously unpublished and is original to you (or, if you are not the person that created the Submission, the person who created the Submission has granted to you all rights necessary to allow you to grant to DeWitt Companies the rights granted pursuant to these Terms of Use); (d) the Submission does not disparage DeWitt Companies or its competitors; does not contain any unlawful, pornographic, obscene, profane, defamatory, libelous, threatening, inflammatory, of-fensive, or otherwise objectionable material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law and does not contain the names of any people (including any celebrities) or any non-DeWitt Companies trademarks; (e) the content of the Submission is not the subject of any actual or threatened litigation or claim; and (f) neither the Submission, nor the use of the Submission by DeWitt Companies in any manner, venue, or media, whether now known or hereafter devised anywhere in the universe at any time for any purpose (including for purposes of advertising, promotion, or trade in promoting and publicizing DeWitt Companies and its products and ser-vices), will infringe upon or violate the intellectual property rights or other rights of any other per-son or entity or any applicable laws. You hereby agree to indemnify and hold harmless DeWitt Companies from and against any and all third-party claims, actions, or proceedings of any kind, and from any and all damages, liabilities, costs, and expenses relating to or arising out of any breach or alleged breach by you of any of your warranties, representations, or agreements hereunder.

NO OBLIGATION TO USE OR REVIEW. DeWitt Companies shall have no obligation (ex-pressed or implied) to use (or post) the Submission or to otherwise exploit the Submission or, if commenced, to continue the distribution or exploitation (or posting) thereof, and DeWitt Companies may at any time abandon the use (or posting) of the Submission and/or remove the Sub-mission from this Website for any reason in its sole discretion. DeWitt Companies has the right in its sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable ac-cess to any Submissions. You shall not be entitled to any damages or other relief by reason thereof. DeWitt Companies may, but is under no obligation to, monitor or review Submissions and assumes no responsibility or liability arising from the Submissions or for any error, defama-tion, libel, slander, omission, falsehood, obscenity, pornography, profanity, illegality, or inaccura-cy contained in any information transmitted to any such locations on this Website.

NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF. You hereby acknowledge and agree that the relationship between you and DeWitt Companies is not a confidential, fiduci-ary, or other special relationship, and that your decision to provide the Submission to DeWitt Companies does not place DeWitt Companies in a position that is any different from the position held by members of the general public with regard to elements of the Submission. You acknowledge and agree that DeWitt Companies does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the in-fringement or protection of the copyright in and to the Submission.

1. FEEDBACK, SUGGESTIONS, OR IDEAS
If you give feedback, suggestions, or ideas on this Website, such as recommendations for new products/services, improvements, or features, you hereby assign to DeWitt Companies all right, title, and interest in and to such feedback, suggestions, or ideas, and such feedback, sugges-tions, or ideas may be implemented as part of this Website or otherwise by DeWitt Companies without any compensation or notice to you.

2. COMMERCIAL TERMS
When you confirm a purchase transaction on this Website, you agree to be bound by and pay for that transaction. Your total price may include taxes, handling fees, and shipping costs, which you are responsible for paying. Except as otherwise expressly specified, all sales are final.

The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time. For example, prod-ucts/services included on this Website may be unavailable, may have different attributes than those listed or may actually carry a different price than that stated on this Website. In addition, DeWitt Companies may make changes in information about price and availability without notice. If you order something that becomes unavailable before it can be provided to you, your only remedy is to receive a refund of your purchase price.

While it is DeWitt Companies’s practice to confirm orders by email, the receipt of an email order confirmation does not constitute DeWitt Companies’s acceptance of an order or DeWitt Companies’s confirmation of an offer to sell a product or service. DeWitt Companies reserves the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. DeWitt Companies also may require verification of information prior to the ac-ceptance and/or shipment of any order. You may be presented with additional terms related to a specific purchase before you confirm the transaction (such as shipping terms for tangible goods). Those additional terms will also govern that transaction. It is your responsibility to ascer-tain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the product or service purchased from this Website.

DeWitt Companies makes commercially reasonable efforts to make product/service descrip-tions for items listed for sale on this Website as accurate as possible. Despite our efforts, the in-formation on this Website may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currentness of any information on this Website. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. If a product/service offered by DeWitt Companies is not materi-ally as described, your sole remedy is to follow all applicable local, state, federal, and interna-tional laws to reach a resolution.

This Website may allow you to make payments using a number of different payment sources, like credit cards and debit cards. When you provide a payment source to DeWitt Companies, you confirm that you are permitted to use that payment source. You also authorize DeWitt Com-panies (and DeWitt Companies’s designated payment processor) to collect and store the pay-ment information, along with other related transaction information. When you make a payment, you authorize DeWitt Companies (and DeWitt Companies’s designated payment processor) to charge the full amount to the payment source you designate for the transaction. If you pay by credit or debit card, DeWitt Companies may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. DeWitt Companies will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available. If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.

If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify DeWitt Companies immediately so that DeWitt Companies may take action to attempt to prevent financial loss. To the fullest extent permitted by law, you waive all claims against DeWitt Companies related to payments unless you submit the claim to DeWitt Companies within 30 days after the charge. You are responsible for and agree to reim-burse DeWitt Companies for all reversals, charge-backs, claims, fees, fines, penalties, and other liability incurred by DeWitt Companies (including costs and related expenses) caused by or aris-ing out of payments that you authorized or accepted.

Your only remedy for a technical failure or interruption of service is to request that your transac-tion be completed at a later time.

CONTESTS, SWEEPSTAKES, AND PROMOTIONS
From time to time, DeWitt Companies, or its service providers, suppliers, or other third parties may conduct promotions on or through this Website, including contests and sweepstakes (“Pro-motions”). Each Promotion may have official rules which will be posted or otherwise made avail-able to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of these Terms of Use.

TRADEMARKS
DeWitt Companies and its related names and logos are trademarks and/or trade names owned or licensed by DeWitt Companies and are protected by law. Other trademarks and/or trade names not specifically listed here, but which are associated with DeWitt Companies, are protect-ed by law as well. All trademarks, copyrights, logos, and symbols constitute the intellectual prop-erty of DeWitt Companies or its affiliated companies and are protected by federal and state law and may not be copied or imitated in whole or in part. Any unauthorized use of these trademarks and trade names is strictly prohibited. DeWitt Companies will take all necessary legal action available to it at law or in equity in order to enforce its intellectual property rights.

LINKS TO OTHER WEBSITES
DeWitt Companies is not responsible for the content of any sites that may be linked to or from this Website, nor do we make any representations or warranties of any kind regarding any prod-ucts or services offered by any third parties whose icons, products, services, or hyperlinks ap-pear on this Website. These links are provided for your convenience only and you access them at your own risk. Any other site accessed from this Website is independent from DeWitt Compa-nies, and DeWitt Companies has no control over the content of that other site. In addition, a link to any other site should not be construed as approval or endorsement by DeWitt Companies of that third party or of any product or service provided by a third party.

Your correspondence or business dealings with third parties found on or through this Website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. We will not be involved in resolving any disputes relating to or arising out of any correspondence or business transaction between you and any such third parties.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF DeWitt Companies AND ITS AFFILIATES, ANY RELATED COMPANIES, SUPPLIERS, LICENSORS, AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRE-SENTATIVES, AND AFFILIATES OF EACH OF THEM (COLLECTIVELY, THE “DeWitt Com-panies ENTITIES”). EACH OF THE PARAGRAPHS IN THIS SECTION BELOW ONLY AP-PLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTH-ING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.

THIS WEBSITE, ALL CONTENT, AND ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE DeWitt Companies ENTITIES DO NOT WARRANT NOR MAKE ANY REPRESENTATIONS AS TO THE SUITABILITY OF THIS WEBSITE, THE CONTENT, OR ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH THIS WEBSITE FOR ANY PURPOSE. FOR EXAMPLE, DeWitt Companies DOES NOT WARRANT THAT ANY CON-TENT OR SERVICE PROVIDED WILL BE UNINTERRUPTED OR ERROR-FREE. DeWitt Companies DOES NOT GUARANTEE THE AVAILABILITY OF THIS WEBSITE. DeWitt Com-panies WILL NOT BE RESPONSIBLE FOR ANY ERRORS OR DELAYS IN THE OPERA-TION OR TRANSMISSION OF THIS WEBSITE OR THE CONTENT.

OTHER THAN AS REQUIRED UNDER APPLICABLE LAW, REGULATION, OR AN EX-PRESS WRITTEN AGREEMENT BETWEEN YOU AND DeWitt Companies, IN NO EVENT WILL THE DeWitt Companies ENTITIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB-SITE, THE CONTENT, OR EQUIPMENT RELATED TO YOUR USE OF THIS WEBSITE, PRODUCTS OR SERVICES SOLD ON OR THROUGH THIS WEBSITE, OR FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA, UNAU-THORIZED ACCESS OR ACQUISITION OF YOUR DATA, OR OTHER LOSSES, EVEN IF ANY OF THE DeWitt Companies ENTITIES HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THIS LIMITATION OF LIABILITY IS UNEN-FORCEABLE, IN NO EVENT WILL THE LIABILITY OF THE DeWitt Companies ENTITIES IN CONNECTION WITH THIS AGREEMENT OR THE CONTENT UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EX-CEED THE GREATER OF $100 OR THE AMOUNT PAID TO DeWitt Companies, IF ANY, IN CONNECTION WITH THIS WEBSITE, REGARDLESS OF WHETHER SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

JURISDICTION AND VENUE
You agree that any legal action between you and DeWitt Companies arising from or pertaining to your use of this Website (including any use by DeWitt Companies of your Submission), whether for breach of contract, tortious conduct or otherwise, shall be governed by the laws of the State of California without regard to its conflict of law principles that would result in the application of the laws of another jurisdiction. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on this Website shall be an appropriate federal or state court located in San Diego County California, and you hereby accept and submit to the personal jurisdiction of such San Diego County California courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use. YOU ALSO WAIVE TO THE FULLEST EX-TENT PERMITTED BY LAW ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, SUIT, OR PROCEEDING BROUGHT TO ENFORCE, DEFEND, OR INTERPRET ANY RIGHT OR REMEDIES UNDER, OR ARISING IN CONNECTION WITH OR RELATING TO, THESE TERMS OF USE.

INDEMNIFICATION
You hereby agree to indemnify, defend, and hold DeWitt Companies, its officers, directors, agents, affiliates, and licensors (the “Indemnified Parties”) harmless from and against any claim or liability arising out of (a) any Submissions you share, upload, post, display, or otherwise submit on or to this Website; (b) any breach of or noncompliance with any representation, warranty or obligation in these Terms of Use or the Privacy Policy; or (c) any claim that your use or the Submission you submit violates any applicable law or third party rights, including that it infringes the rights of a third party. You shall cooperate fully in the defense of any claim. DeWitt Compa-nies reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You acknowledge that damages for improper use of this Website may be irreparable; therefore, DeWitt Companies is entitled to seek equitable relief, including injunction and preliminary injunction, in addition to all other remedies. Your indemnifica-tion obligation will survive the termination of these Terms of Use and your use of this Website.

BREACH
In the event you breach these Terms of Use, upon the request of law enforcement or govern-ment agencies, after extended periods of inactivity, for unexpected technical issues or problems or in the event you engage in fraudulent or illegal activities, DeWitt Companies may immediately and without notice suspend, terminate, or restrict your activities on this Website. DeWitt Compa-nies also reserves the right to restrict or terminate your access to this Website (or any portions, components, or features of this Website) for any reason or for no reason whatsoever, at any time, without notice or liability. Any such action shall be taken in the sole discretion of DeWitt Companies and you agree not to hold DeWitt Companies responsible for any inconvenience or loss which you may incur as a result of DeWitt Companies taking any of the actions described above.

ASSIGNMENT
You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or del-egation by you without the appropriate prior written consent will be null and void and of no force and effect. DeWitt Companies may assign these Terms of Use or any rights hereunder without your consent and without notice.

MODIFICATION
We reserve the right to change these Terms of Use at any time. Please review the contents of these Terms of Use frequently, as DeWitt Companies may amend them from time to time to re-flect changes in its general rules and policies governing your use of this Website. Amendments will become effective when posted on this Website. DeWitt Companies will not provide you with a notice of any change in these Terms of Use. It is your responsibility to monitor and review any updates to these Terms of Use. Your continued use of this Website, or online services provided by DeWitt Companies, after such posting will be deemed your acceptance of these changes to these Terms of Use.

NOTICES TO YOU; CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS.
Notices to you may be sent via email or through this Website by displaying links to notices gen-erally on this Website. Any communication regarding your order/request will be emailed to the email address provided by you to us when ordering/requesting on this Website.

You understand and agree that you are entering into these Terms of Use electronically and that certain categories of information (“Communications”) may be provided by DeWitt Companies to you by electronic means (i.e., via email or by posting the information on this Website). The cate-gories of Communications that may be provided by electronic means include: (a) these Terms of Use and any amendments, modifications, or supplements; (b) records of any purchases made through this Website; (c) disclosures or notices provided in connection with this Website, including any required by applicable laws; (d) any customer service communications, including com-munications with respect to claims of error or unauthorized use of this Website; and (e) any other communication related to this Website.

All Communications will be deemed to have been received by you no later than 5 business days after we send it to you by email or post it on this Website, whether or not you have received the email or retrieved the Communication from this Website. An electronic Communication by email is considered to be sent at the time that it is directed by DeWitt Companies’s mail server to your email address. You agree that these are reasonable procedures for sending and receiving elec-tronic Communications.

You agree to promptly update your account records with us if your email address changes so that we may contact you electronically. You may update your account records, such as your email address, as described in Privacy Policy. You understand and agree that if we send you an electronic Communication but you do not receive it because the email address on file is incor-rect, out of date, blocked by your service provider or you are otherwise unable to receive elec-tronic Communications, DeWitt Companies will be deemed to have provided the Communication to you.

Although we reserve the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be “in writing.” You should print a paper copy of these Terms of Use and any Communication that is important to you and retain the copy for your records. If you do not wish to receive these Terms of Use or the Communications electronically, you may not use this Website.

In order to access and retain Communications, you must have: (1) a computer with an Internet connection; (2) a current web browser that includes 128-bit encryption (e.g., Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled; (3) a valid email address (i.e., your primary email address on file with DeWitt Companies); and (4) sufficient storage space to save past Communications or an installed printer to print them.

If you have registered on this Website and you wish to withdraw your consent to have Communications provided electronically, you must close your account. You may do so by contacting us via the contact information provided on the “Contact Us” page of this Website and stop using this Website. There are no fees to close your account with us.

CONTACT INFORMATION
Should you have any questions or concerns about these Terms of Use, please email us at info@dewittmove.com.

MISCELLANEOUS
If any provision of these Terms of Use shall be found to be unlawful, void or for any reason un-enforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

No failure on the part of DeWitt Companies to enforce any part of these Terms of Use shall constitute a waiver of any of DeWitt Companies’s rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by DeWitt Compa-nies nor the reliance of any person on DeWitt Companies’s actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an author-ized representative of DeWitt Companies shall have any legal effect whatsoever.

The paragraph titles in these Terms of Use are for convenience only and have no legal or con-tractual effect.