Terms of Service
TERMS OF SERVICE
THIS DOCUMENT CONTAINS IMPORTANT TERMS AND CONDITIONS APPLICABLE TO YOUR ACCESS AND USE OF OUR WEBSITE AND SERVICES. PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE WEBSITE AND OUR SERVICES. BY ACCESSING OR USING THIS WEBSITE OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE OR THE SERVICES.
THESE TERMS INCLUDE AN AGREEMENT TO RESOLVE DISPUTES BY ARBITRATION ON AN INDIVIDUAL BASIS, SUBJECT TO ANY OPT-OUT YOU COMMUNICATE TO US IN COMPLIANCE WITH SECTION 8.4 BELOW, UNLESS YOU ARE LOCATED IN THE EU, UK, OR AUSTRALIA, OR IN A JURISDICTION THAT PROHIBITS SUCH PROVISIONS.
This document contains the terms and conditions (“Terms” or “Agreement”) for governing your access to, and use of, the DPI website located at https://shop.xboxgamestudios.com (or any subsequent URL which may replace it), and all mobile sites, subdomains, directories and subdirectories of such site that link to or expressly incorporate these Terms (collectively, the “Website”), and all features, functions, software and services offered through the Website. The Website, and the features, functions, software and services offered through this Website collectively constitute the “Service.” This Website is powered by Shopify, which enables us to provide the Services to you.
Depending on where you reside or acquire goods or services, you may be entitled to warranties, statutory guarantees or other rights under applicable local laws that cannot be excluded, limited, waived, disclaimed or modified. Nothing in this Agreement is intended to have or has the effect of excluding, limiting, waiving, disclaiming or modifying any such rights under those local laws.
This Agreement is in addition to, and does not in any way replace or supplant any additional terms and conditions that may apply when you use or access certain Products and/or Services on the Website. In the event the content of this Agreement is contrary to one or more provisions of any other such specific agreement or terms or conditions, the provision(s) of such specific agreement, terms or conditions shall prevail.
1. LEGAL AGREEMENT
1.1 These Terms constitute a binding legal agreement between you and DPI Merchandising LLC, a Delaware limited liability company doing business at 245 Industrial Drive, Roseburg, Oregon, 97471 (“DPI”).
1.2 In this Agreement, the terms “we/us/our” means DPI. “You/your” means you as a user of the Service.
1.3 The Terms described herein apply to you if you visit our Website and use our Service. Before using the Service or any part of the Service, you must review and agree to these Terms.
1.4 Your use of the Service shall constitute your agreement to accept and be bound by the terms and conditions described in these Terms. All user identities created on the Website are governed by these Terms.
1.5 If you do not agree with any of the Terms, you must not access or otherwise use the Service.
1.6 You hereby represent that you have the legal capacity (see Section 4.2 for minimum age requirements) to enter into this Agreement and you are not barred from receiving the Service under the laws of the United States or any other applicable jurisdiction.
1.7 You understand and agree that the Service may include service announcements and administrative messages and you may not have the right to opt out of receiving them.
2. SERVICE RULES
You agree not to engage in any of the following prohibited activities:
· copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping";
· except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software;
· transmitting spam, chain letters, or other unsolicited email;
· decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services;
· taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately excessive load on our infrastructure;
· uploading invalid data, viruses, worms, or other software agents through the Service;
· collecting or harvesting any personally identifiable information, including account names, from the Service;
· using the Service for any commercial solicitation purposes;
· impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
· interfering with the proper working of the Service;
· accessing any content on the Service through any technology or means other than those provided or authorized by the Service;
· bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein;
· engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm DPI, Shopify or users of the Services, or expose them to liability;
· engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
· use a buying agent or purchasing agent to make purchases on the Services;
· make improper use of our support services or submit false reports of abuse or misconduct; or
· use the Services in a manner inconsistent with any applicable laws or regulations.
3. ORDERS AND PAYMENT TERMS; PRE-ORDERS
3.1 Placing an Order. If you elect to purchase products made available through the Service ("Products") from us, you agree to our pricing and payment terms, which we may update from time to time. We may add new Products and/or amend pricing and payment terms for existing Products, at any time in our sole discretion, except that any such amendments will not modify pricing or payment terms for orders already confirmed.
After you place an order, we will review the information you provided by verifying your method of payment, billing, and/or shipping address. We may contact you (via email) if additional information is required to accept and process your order. Invalid order information may result in delays in processing your order. For Product purchases, your receipt of an order confirmation does not constitute DPI’s acceptance of your order. Without prior notification, DPI retains the right to limit the Product order quantity and the right to refuse to sell Products to any customer for reasonable and legitimate reasons, such as suspected fraud, pricing or technical errors, inventory unavailability, the customer’s violation of these Terms, or applicable legal requirements. Please review your order carefully before submitting, as DPI may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made. You agree to pay all charges at the prices then in effect for your Product purchases and any applicable shipping fees, and you authorize us to charge your selected payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services for reasonable and legitimate reasons, such as those listed in the preceding paragraph. We may, for example, limit the quantities of any Products that we offer to any person, geographic region or jurisdiction, on a case by case basis. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export. If we cancel your order, we will attempt to notify you using the email address you have provided with the order.
3.2 Pre-Orders. Some items are offered on a pre-order basis before they are available for shipment. By placing a pre-order, you authorize us to charge your payment method at checkout, unless we state otherwise. Any release, ship, or delivery date is only an estimate and is not guaranteed. We may delay shipment, allocate limited inventory, or cancel your order and issue a refund if fulfillment becomes unavailable or impracticable. If we cannot ship within the stated time, or within the time required by applicable law if no time is stated, we may send you a delay notice, revised estimated ship date, and any cancellation rights required by law. Nothing in this section limits your non-waivable rights under applicable consumer protection law.
3.3 Payment Methods. We make various payment methods available for purchases through our Service via one or more third-party payment processors, and reserve the right to change the permitted payment methods from time to time. Your selected payment method will be billed when you place an order through the Service. DPI will not fulfill any order without authorization or validation of your purchase from your payment method. All information that you provide in connection with a purchase or transaction must be accurate, complete, and current. You agree to pay all charges incurred by users of your payment method used in connection with a purchase or transaction with the Service at the prices in effect when such charges are incurred. You will pay all applicable taxes, if any, relating to any such purchases and transactions. Purchases may be subject to sales, use, customs, excise and other tax in some jurisdictions. It is your responsibility to ascertain and pay all taxes due.
3.4 Offers. You acknowledge and agree that any Product offers made available through the Service are subject to change at any time and from time to time without notice. Product prices listed on the Service may differ from the pricing for similar products made available to you in other sales channels. THERE IS NO WARRANTY OR GUARANTEE THAT THE COLORS, QUALITY, PRODUCT DESCRIPTIONS, OR OTHER CONTENT OF THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
3.5 Shipping. We will ship the Product(s) you purchase through the Services in accordance with our Shipping Policy found here. We recommend that you inspect your package for damage immediately upon arrival. If there is a problem, contact the delivery service immediately to resolve any problems.
3.6 Returns. DPI will provide refunds for Products purchased through the Service solely in accordance with our Returns and Refunds Policy set out here.
4. ACCOUNT
4.1 You may be required to create an account (“Account”) to access our Service and to use certain features and functions of our Service.
4.2 To enter into the contract created by these Terms in order to be able to use our Services, you must be of the legal age of majority in your country or state of residence. By creating an Account, you hereby represent that you have reached the legal age of majority in your jurisdiction. You are legally and financially responsible for all actions using or accessing the Service, including the actions of anyone you allow to access your Account.
4.3 If you are under the legal age of majority in your jurisdiction, your parent or legal guardian must read and accept these Terms on your behalf, including with regard to your use of the Service, participation in the Service, and provision of any personal information in connection with the Service. If you are the parent or legal guardian of a minor who is a user of our Website and/or Service and you have questions about the Terms, please contact us at dpim_customersupport@dpipromo.com. As the parent or legal guardian of a minor, you assume all risks and liabilities associated with that minor's use of the Account.
4.4 When creating an Account and a user identity (collectively, “User ID”) you agree to (i) provide true, accurate, current and complete information as requested in the required fields (the “Account Information”) and (ii) promptly maintain and update such User ID and your Account Information to keep it true, accurate, current and complete.
4.5 You, as creator of your Account and User ID, are solely responsible for your User ID. We will not tolerate offensive or obscene User IDs. If a User ID violates any part of these Terms or the Rules of Conduct, we may immediately, temporarily, or permanently ban such a User ID, remove or disable access to the relevant words or phrases, provided that we will provide prior notice where practicable. Removal or disabling of access to such User IDs shall be at our sole discretion.
4.6 Your Account may only be used by you. You may not sell, transfer or assign your Account or its contractual rights, licenses and obligations, to any third party (including, for the avoidance of doubt, permitting another individual to access your Account) without the prior written consent of DPI.
This paragraph does not apply in the EU or UK. We are not responsible for any misuse of your Account or your User ID. You agree to accept all risks of misuse of and unauthorized access to your Account or your User ID and to hold us and our affiliates harmless from and against any costs, expenses (including without limitation reasonable attorneys’ fees, expenses, and court costs), liabilities, damages, claims, suits, actions and causes of actions whatsoever (except to the extent caused or contributed to by us) arising from the misuse of your Account or your User ID, including, but not limited to, improper or unauthorized use by someone to whom you revealed your password.
4.7 Please note that you are responsible for maintaining the confidentiality and security of your Account, User ID and password at all times, and you agree to notify us promptly if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are solely responsible for all activities and transactions that occur under your Account, and we are not responsible for any misuse of your account following any action caused by you, including without limitation in the event that your password is stolen or revealed by you to a third party and/or used for transactions. You agree to immediately notify us of any misuse of your Account or any other breach of security in relation to the Service known to you. We provide you with the ability to change your password in order to safeguard your Account.
4.8 You may terminate your Account at any time by contacting our Customer Service Team at dpim_customersupport@dpipromo.com. If you terminate your Account, you may be liable for accrued fees, charges and costs prior to your termination.
4.9 We may restrict, suspend or terminate your Account and access to the Service, or indefinitely restrict, suspend or discontinue your access to or, or use of, certain content, offerings, features, products and services, if you violate this Agreement, or if we have a reasonable belief such a violation has occurred or will occur, or as otherwise may be reasonably necessary to protect our users, our partners, our platform, or other DPI interests to the full extent permissible under applicable law. Where practicable we will first provide prior notice(s) informing you about the violation determined by us, including issuing prior warnings where appropriate and will review and potential arguments that you might bring forward. Such termination may also include, but not limited to the loss of purchase history, pending order cancellation (with refund) and the loss of the ability to participate in this website in the future.
4.10 Termination of your Account also entails the termination of the license to use the Service and Proprietary Materials (defined below), or any part thereof.
5. PROPRIETARY RIGHTS
5.1 The Website and the Service and all Intellectual Property Rights (defined below) therein, including any and all modifications, adaptations and derivative works therefrom, are the property of DPI, Shopify or DPI’s licensors, which are protected by U.S. and international law including but not limited to copyright laws. All current and future rights, interests and title in and to the Website and the Service, all features and content thereof, including all Intellectual Property Rights therein, (collectively the “Proprietary Materials”) are the proprietary property of DPI, Shopify or its licensors and are protected by U.S. and international copyright and other proprietary rights laws. DPI, Shopify and its licensors own all right, title and interest in and to the Website, Service, and Proprietary Materials, including all Intellectual Property Rights therein. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Proprietary Materials. Use of such Proprietary Materials for any purpose not expressly permitted by these Terms is strictly prohibited.
5.2 “Intellectual Property Rights” means and includes, without limitation, copyright and related rights (including producers’ rights), patents, trademarks, logos, domain names, moral rights, trade secrets, database rights, publicity rights, and all other intellectual property rights and intangible legal rights or interests recognized in any country or jurisdiction in the world, and including without limitation: (a) any concept, computer program, content, customer data, customer list, data, design, development, discovery, documentation, drawing, improvement, information, list, manual, mask work, material, model, note, object code, plan, procedure, product, prototype, report, schematic, software, source code, and specification, (b) works, works of authorship, and moral rights, including without limitation, any right to claim authorship of a work, any right to object to any distortion or other modification of a work, and any similar right, existing under the law of any country in the world, or under any treaty, (c) inventions, invention disclosures, know how, letters patent, means, methods, patents, provisional patent applications, provisional patents, techniques, and all foreign counterparts and foreign equivalents of same, and any and all divisions, continuations, continuations-in-part, revisions, renewals, reissues, extensions, and like of the foregoing, (d) service marks, trademarks, trademark applications, trade dress, and trade names, (e) trade secrets, with such term “trade secrets” being given the broadest possible definition, interpretation or meaning, and (f) any other similar rights, in each case, existing under the law of any country in the world, or under any treaty, all on a worldwide basis.
5.3 DPI’s names, logos, product and service names, designs, and slogans are trademarks of DPI or its affiliates or licensors. You must not use such trademarks without the prior written permission of DPI. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
6. DISCLAIMER
THIS SECTION DOES NOT APPLY TO CONSUMERS RESIDING IN THE EU OR UK, AND ONLY APPLIES TO THE EXTENT PERMITTED BY APPLICABLE LAWS. THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. INDEMNIFICATION
This Section does not apply to consumers residing in the EU or UK, and only applies to the extent permitted by applicable laws. You agree to defend, indemnify, and hold DPI and Shopify harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your: (1) misuse of the Services; (2) breach of these Terms; (3) breach of your representations or warranties set forth in these Terms; (4) violation of the rights of a third party, including but not limited to intellectual property rights; or (5) intentional harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
8. CONFLICT AND DISPUTE RESOLUTION
If you reside in the EU, UK, or Australia, or any jurisdiction in which the laws prohibit a consumer agreement from requiring parties to resolve disputes via arbitration in the circumstances described in this Section 8, this Section does not apply to you; please refer instead to Section 9.
8.1 Mandatory Informal Dispute Resolution. In the event of any controversy, allegation or claim that arises out of or relates to the Services or this Agreement, DPI and you agree to try to resolve the dispute informally by sending a notice of dispute via email (for DPI, to privacy@dpipromo.com with the subject line of “Attn: Legal – Notice of Claim or Dispute”). Our notice to you will be sent to you based on the most recent contact information that you provided us.
8.2 Notice. Your notice to DPI must include your name, mailing address, and phone number (if any), and must describe the nature and basis of the claim or dispute, as well as set forth the specific relief you seek. If the dispute is not resolved within 30 days from the notice, either party can submit this matter to arbitration pursuant to this section.
8.3 Arbitration. PLEASE READ THE FOLLOWING SECTIONS CAREFULLY, AS THEY AFFECT YOUR RIGHTS. You and DPI agree to resolve any claims arising out of or relating to these Terms or the Service through final and binding arbitration. Claims include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through, affiliated with, or connected with you), on the one hand, and us (or persons claiming through, affiliated with, or connected with us) on the other hand, regardless of when the claim arose, even if it was before these Terms existed, and include matters arising as initial claims, counter‐claims, cross-claims, third-party claims, or otherwise. Please note that you may continue to assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. This agreement to arbitrate is intended to be broadly interpreted, and includes claims based in contract, tort, statute, common law, fraud, misrepresentation, or any other legal theory. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in these arbitration provisions or these Terms. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules & Procedures (available at https://www.jamsadr.com/rules-streamlined-arbitration/). If, and only if, JAMS declines for any reason to administer the arbitration or is otherwise unable to administer the arbitration for any reason, you agree that, alternatively, the arbitration will be administered by the National Arbitration and Mediation (“NAM”) pursuant to its Comprehensive Dispute Resolution Rule and Procedures (available at https://www.namadr.com/resources/rules-fees-forms/). You acknowledge that these Terms evidence a transaction involving interstate commerce, and thus the Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration provisions in these Terms.
8.4 Opting-Out of Arbitration. YOU MAY OPT-OUT OF THE AGREEMENT TO ARBITRATE BY PROVIDING DPI WRITTEN NOTICE WITHIN THIRTY (30) DAYS OF THE EARLIER OF (1) THE DATE YOU FIRST ACCEPTED THESE TERMS OR (2) THE DATE YOU FIRST ACCEPTED ANY TERMS WITH US THAT CONTAINED AN ARBITRATION PROVISION. YOUR NOTICE MUST INCLUDE: (I) YOUR FULL NAME (FIRST AND LAST); (II) THE EMAIL ADDRESS YOU USED TO REGISTER YOUR ACCOUNT; AND (III) A CLEAR STATEMENT THAT YOU DECLINE THIS AGREEMENT TO ARBITRATE. EMAIL YOUR OPT-OUT NOTICE VIA EMAIL TO: privacy@dpipromo.com WITH THE SUBJECT LINE: “Attn: Legal – Arbitration Opt-Out”. IF THE OPT OUT NOTICE IS SENT ON YOUR BEHALF BY A THIRD PARTY, SUCH THIRD PARTY MUST INCLUDE EVIDENCE OF HIS OR HER AUTHORITY TO SUBMIT THE OPT OUT NOTICE ON YOUR BEHALF IN THE FORM OF A NOTARIZED POWER OF ATTORNEY.
8.5 Costs of Arbitration. DPI will pay all filing, administration, and arbitrator fees for any arbitration we initiate. You will pay the fees for any arbitration you initiate, in accordance with the rules of the arbitration administrator. However, if you initiate an arbitration after attempting to informally resolve a dispute in accordance with these Terms, DPI will pay all filing, administration, and arbitrator fees in excess of $250. After DPI receives notice that you have commenced such an arbitration, DPI shall promptly reimburse you for any portion of the filing fee you have paid that DPI has agreed to pay.
8.6 Frivolous Claims. If the arbitrator determines that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b)), then the payment of all filing, administration, and arbitrator fees shall be governed by the rules of the administrator and you agree to reimburse us for any amount we have paid on your behalf to the administrator. DPI shall not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
8.7 Arbitration Procedures. You agree that one arbitrator will arbitrate the dispute under the rules of the administrator, as modified by these arbitration provisions. The award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitration will be held in the United States county where you live or work, or any other location that we mutually agree to. Ordinarily, pre-hearing information exchanges will be limited to the reasonable production of non-privileged documents directly relevant to the dispute. Unless the arbitrator determines that an additional form of information exchange is necessary to provide for a fundamentally fair process, those documents will be limited to records and communications directly related to the transactions between you and us that are the subject of your dispute. Any issues regarding discovery, or the relevance or scope thereof, shall be determined by the arbitrator, and the arbitrator’s determination shall be conclusive. Any arbitration shall be confidential, and neither party may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. In the case of a conflict between the rules and policies of the administrator and the arbitration provisions in these Terms, the arbitration provisions in these Terms shall control if not prohibited by countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply.
8.8 No Class Actions. YOU AND WE EACH AGREE THAT NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION. The arbitrator will have the power to grant declaratory or injunctive relief, whether interim or final, only in favor of you or us individually and only to the extent necessary to provide relief warranted by your or our individual claim without affecting other users of ours. Nothing in these Terms will prevent you from seeking public injunctive relief separately from arbitration in court, and any such application will not be deemed incompatible with the agreement to arbitrate or as a waiver of the right to arbitrate your individual claims. You and we agree that any claims for damages and/or any relief other than public injunctive relief must be heard in arbitration first, with any claims seeking a remedy of public injunctive relief in court proceeding only after the arbitration of all arbitrable claims, and any claims or portions of claims seeking a remedy of public injunctive relief will be stayed pending the outcome of the arbitration pursuant to Section 3 of the Federal Arbitration Act. If you file a lawsuit in court seeking public injunctive relief before meeting the requirements of the Mandatory Informal Dispute Resolution process or the agreement to arbitrate, you will be waiving your right to seek damages from us or our affiliates relating to any claims subject to arbitration. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration. In accordance with the JAMS Mass Arbitration Procedures and Guidelines (or if the arbitration is being administered by NAM, with NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures), or upon motion of one or more interested parties, and after providing all other interested parties an opportunity to be heard, the arbitrator or any Process or Procedural Administrator or Arbitrator, may, at their discretion, coordinate more than one arbitration proceeding initiated under these arbitration provisions, in order to promote efficiency in discovery and to avoid inconsistent rulings. In the interest of clarity, any coordination under the preceding sentence will be limited only to currently-pending arbitrations initiated under these arbitration provisions, and the arbitrator may not preside over any form of a representative or class proceeding. All parties will retain the right to request and be provided with an individualized hearing. The Process or Procedural Arbitrator or Administrator may, at their discretion, determine that any mass arbitration should proceed first by hearing and issuing decisions on a limited number of bellwether claimants followed by mediation of any remaining claimants before additional arbitration demands may be filed and, to facilitate the bellwether process, may enjoin the filing of additional arbitration demands or order that no such demands be accepted for filing pending completion of the bellwether hearings and mediation. If an order is issued enjoining the filing of additional arbitration demands or providing that such demands not be accepted for filing by the administrator, then the statutes of limitations applicable to the claims in the arbitration demands that cannot be filed as a result of that order shall be tolled while the order is pending, and the duration of the order shall be no longer than one year. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any claims of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No rulings issued in the hearings of any bellwether claimants shall be binding on any other claimant, nor shall any decisions or awards resulting from bellwether hearings be applied as precedent in any other hearing. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this Section 8.8 (No Class Actions), and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of the prohibition in this Section 8.8 (No Class Actions) from proceeding in arbitration on a class, representative or collective basis shall be determined exclusively by a court and not by the administrator or any arbitrator.
8.9 Waiver of Right to Litigate. YOU AND DPI ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. YOU AND DPI HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.
8.10 Survival and Severability of Arbitration Provision. These arbitration provisions shall survive the termination of these Terms. If any portion of the arbitration provisions other than the prohibition on bringing class or collective actions in arbitration as set forth in Section 8.8 (No Class Actions) is deemed invalid or unenforceable, the remaining portions of these arbitration provisions shall nevertheless remain valid and in force. If there is a final judicial determination that applicable law precludes enforcement of these arbitration provision’s limitations as to a particular claim for relief or particular term, then that claim (and only that claim) or that term (and only that term) must be severed from the arbitration provision and may be brought in court. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in Section 8.8 (No Class Actions) are finally adjudicated pursuant to the last sentence of Section 8.8 (No Class Actions) to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine claims or make awards beyond those authorized in these arbitration provisions.
8.11 Applicable Law and Judicial Forum. To the maximum extent permitted by applicable law, you agree that this Agreement shall be governed by the laws of the State of California, United States, without regard to conflict of law principles or the United Nations Convention on the International Sales of Goods. In the event that this agreement to arbitrate is found not to apply to you or your claim, you and DPI agree that any judicial proceeding (other than small claims actions) will be brought only in the federal courts located in the Northern District of California or state courts located in Alameda County, California. Both you and DPI consent to venue and personal jurisdiction there, and waive any objection as to inconvenient forum.
8.12 Time Limitation to Bring Claims. Notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms or your use of the Service must be filed within one (1) year after such claim or cause of action arose, otherwise that claim or cause of action will be barred forever.
8.13 Future Changes to Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, you agree that if DPI makes any future change to this arbitration provision (other than a change to the notice email address above, website links, or telephone numbers listed in this provision), any such changes will not affect disputes that arose before the effective date of the change.
9. EU, UK, AUSTRALIAN AND OTHER USERS – CONFLICT AND DISPUTE RESOLUTION
This Section 9 applies to you only if you reside in the EU, UK, or Australia, or any jurisdiction in which the laws prohibit a consumer agreement from requiring parties to resolve disputes via arbitration in the circumstances described in Section 8 above.
9.1 Disputes regarding these Terms. In the event of a dispute relating to the interpretation, the performance or the validity of these Terms, an amicable solution may be sought before any legal action. You can notify us at the contact information set forth below. To the extent that you are using our services as a consumer, you may use the Online Dispute Resolution platform made available by the European Commission to solve the dispute. However, we are not willing or obliged to take part in dispute resolution procedures before a consumer conciliation body.
9.2 To the extent that you are using our Services as a consumer, the Agreement is governed by the law of the country where you have your habitual residence. In that case, you may bring proceedings before the courts of Munich, Germany or the courts of the country where you are domiciled, as governed by applicable laws. DPI may only bring proceedings against you before the courts of the country where you are domiciled.
10. LIMITATIONS OF LIABILITY
Nothing in this Section excludes or limits liability that cannot be excluded under applicable law, including liability for gross negligence or willful misconduct. If you are a consumer resident in the EU or UK, the limitations of liability in this Section do not apply to you to the extent prohibited by applicable law.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL DPI, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE six (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $100.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
11. RELATIONSHIP WITH SHOPIFY
The Site is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make on the Site are made directly with DPI. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and DPI, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with DPI.
12. PRIVACY POLICY
Please review our Privacy Policy here. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms, unless applicable laws require us to obtain your consent in another manner.
In addition, please note that certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you also agree (to the extent applicable) to be bound by Shopify’s Privacy Policy, unless applicable laws require consent to be obtained in another manner.
13. GIFT CARD POLICY
Gift cards may be purchased and redeemed only on our online store for eligible tangible products, unless applicable law requires otherwise. The value, currency, any material redemption restrictions, and instructions for use will be clearly disclosed before purchase. Gift cards are not refundable and may not be returned, resold, or redeemed for cash, except where cash redemption, replacement, or refund is required by applicable law. We do not charge inactivity, dormancy, or service fees on gift cards. We also do not set an expiration date on purchased gift cards. In some jurisdictions, you may have additional rights, including rights relating to cash redemption of low balances. If you are located in the EU, you have the right to cancel your purchase of an unused gift card within 14 days of purchase for a full refund to your original payment method. Once a gift card is partially or fully used, this cancellation right is voided.
If you use a gift card to buy products, any return of eligible merchandise will generally be refunded back to a gift card or store credit to the extent permitted by law. If an order is paid for using both a gift card and another payment method, we may first apply any refund to the gift card portion, unless applicable law requires a different method. Gift cards cannot be reloaded, except where we expressly state otherwise. We may refuse, cancel, limit, or hold gift cards or orders paid with gift cards if we reasonably suspect fraud, misuse, unauthorized activity, or a violation of our terms.
We are not responsible for lost, stolen, damaged, or unauthorized use of a gift card, except to the extent required by law. We may require reasonable proof of purchase, card details, or other verification before assisting with replacement or balance inquiries. Any replacement will be for the remaining verified balance only, where replacement is offered or required by law.
Promotional, loyalty, courtesy, or free gift cards or vouchers may be subject to separate terms, including shorter validity periods or different redemption restrictions, to the extent permitted by law and clearly disclosed before issue or use. Consumer rights that cannot be waived under applicable law remain unaffected.
14. PROMOTIONAL OFFER EXCLUSIONS AND EXCEPTIONS.
Unless expressly stated otherwise, each promotional offer is subject to eligibility requirements, limitations, exclusions, and exceptions. Promotional offers may be unavailable or inapplicable with respect to certain products, services, categories, brands, bundles, subscriptions, or gift cards. Promotional offers may not be combined with other discounts, promotions, coupons, credits, rebates, or special pricing programs, except where expressly permitted. Additional restrictions may apply based on purchase quantity, order value, customer status, geography, channel, timing, inventory availability, and applicable law. Any exclusions or exceptions applicable to a promotional offer will be disclosed in the offer materials, at checkout, or in these Terms. In the event of a conflict between general promotional terms and offer-specific terms, the offer-specific terms will control.
No Combination.
Unless expressly stated otherwise, promotional offers cannot be combined, stacked, or used concurrently with any other offer, coupon, code, promotion, rebate, or discount. Where multiple promotions are available for the same transaction, only the promotion determined by DPI in its discretion, or the promotion that provides the greatest lawful discount where required by law, will apply.
Geographic and Legal Variations.
Promotional offers may vary by jurisdiction and may be void where prohibited or restricted by law. Certain exclusions, limitations, or conditions may not apply to the extent prohibited by applicable consumer protection laws. Nothing in these Terms is intended to limit any non-waivable statutory rights of consumers.
Errors; Miscommunications.
DPI reserves the right to correct clerical, typographical, technical, digital, or administrative errors in promotional materials, including errors relating to eligibility, duration, pricing, or exclusions, to the extent permitted by applicable law. DPI will honor promotional terms as required by law where a correction cannot lawfully be applied after a consumer has reasonably relied on the offer.
Modification; Suspension; Termination.
To the extent permitted by applicable law, DPI may modify, suspend, or terminate a promotional offer at any time; provided, however, that such change will not affect completed transactions for which the promotional offer was validly applied before the effective time of the change, except as necessary to correct fraud, abuse, or manifest error.
Fraud, Abuse, and Misuse.
DPI may withhold, invalidate, or recover the benefit of a promotional offer where it determines, acting reasonably, that the offer was redeemed through fraud, abuse, bad faith, technical manipulation, violation of applicable terms, or other improper conduct.
15. ARBITRAGE & RESELLING ON THIRD PARTY SITES; ERRORS
You agree that your use of this site is for personal use by you. You also agree you will not use technology automated or otherwise to scrape, aggregate, catalog, redistribute, re-list or resell content on this Website.
You agree not to circumvent the intended use of the content and functionality of this Website and not to use the content or functionality of this Website to violate any other terms of service policy on third party sites.
If your account or session is suspected to be in violation of this policy your Account may be banned, pending orders canceled (with refund) and potentially subject to an investigation.
From time to time there may be errors in releases dates, product information, pricing, sales and other information. We know that this may create an inconvenience for you and you have our deepest and sincere apologies.
DPI reserves the right to cancel and refund all orders that may result from an error in information.
16. COMPLETE AGREEMENT
These Terms of Service are the complete agreement between us with regard to your use of this site and the related products and services, and you agree that your use and purchases are not based upon reliance on any representation not included in these Terms of Service.
17. AMENDMENTS
We may amend these Terms of Service from time to time by posting the amended Terms on our Services. Unless we state otherwise, any modifications to the Terms are effective when posted. DO NOT ACCESS OR USE THE SERVICES IF YOU DO NOT AGREE TO THIS AGREEMENT. If you continue to use our Services after we have published the modified Terms, you shall be deemed to agree to the modified Terms as of their effective date, unless applicable laws require that we obtain your agreement in another manner.
18. CONTACT US
Unless directed with other contacting method herein, if you have any questions, concerns, or complaints regarding our Service, you may contact our Customer Service Team via:
Email: DPIM_CustomerSupport@dpipromo.com
Mail: DPI Merchandising, LLC
245 Industrial Drive
Roseburg, OR 97471
For California residents: pursuant to Cal. Civil Code § 1789.3, please note that (a) our address and contact details are set out above; and (b) if you have a complaint regarding the Service or desire further information on use of the Service, contact our Customer Service Team at DPIM_CustomerSupport@dpipromo.com. For complaints, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Last updated: May 14, 2026
