Terms Of Service

Last Updated: March 5, 2024

OVERVIEW

This website is operated by Dialed Industries LLC (hereafter “We,” “Us,” “Our,” or “Company”). Throughout the site, the terms “we,” “us,” and “our” refer to Dialed Industries LLC. Dialed Industries LLC offers this website, including all information, tools, and services available from this site to you, the user (“You” or “Your”), conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By accessing or using our website located at www.dialed.industries (“Site”) and/or purchasing something from us (collectively, our “Service”), you engage in our Service and agree to be bound by these Terms of Service (“Terms” or “Agreement”), including any additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all these Terms, then you may not access our Site or use our Services. Any new features or tools added to the current store shall also be subject to these Terms. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

1. ACCEPTANCE & AGE OF MAJORITY

By accessing or using our Site, you affirm that you have read, understood, and agree to be bound by these Terms of Service. You represent that you are at least the age of majority in your state or province of residence. If you are under the age of majority, you may only use this Site under the permission and guidance of your parent or legal guardian who agrees to be bound by these Terms.

2. PRIVACY POLICY

Your submission of personal information through the store is governed by our Privacy Policy, located here. The Privacy Policy is hereby incorporated by reference into this Agreement. You agree to review the Privacy Policy to understand our practices.

3. GENERAL CONDITIONS

• We reserve the right to refuse service to anyone for any reason at any time.
• You understand that your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks. Credit card information is always encrypted during transfer over networks.
• You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without express written permission by us.
• The headings used in this agreement are for convenience only and will not limit or otherwise affect these Terms.

4. ACCOUNT, USERNAME, AND PASSWORD

You agree that you are responsible for all activities conducted under your username and password. You agree not to share your login details with others and to promptly notify us of any unauthorized use of your password or any security breach. We are not liable for any loss or damage resulting from your failure to protect your password.

5. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon as the sole basis for making decisions. Any reliance on the material on this Site is at your own risk.

We reserve the right to modify the contents of this Site at any time but have no obligation to update any information. You agree it is your responsibility to monitor changes to our Site.

6. PURCHASES

To make a purchase on our Site, select the product, choose any applicable size or options, and add the item to your cart. When ready, proceed to checkout. Orders over $300.00 may undergo additional verification to prevent fraudulent activity.

We reserve the right to refuse any order you place with us, and in our sole discretion, to limit or cancel quantities purchased per person, per household, or per order. If we make a change to or cancel an order, we may attempt to notify you via the contact information provided. You agree to provide current, complete, and accurate purchase and account information.

7. PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to our Returns Policy (if any). We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer’s monitor will display any color accurately.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction, and to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice. Any offer for any product or service on this Site is void where prohibited.

8. MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part thereof) without notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

9. TRADEMARKS

Dialed Industries LLC and the Dialed Industries logos are trademarks of Dialed Industries LLC, registered or otherwise protected by applicable laws. Any use of these marks without our express written permission is prohibited.

10. COPYRIGHT

All content on our website—such as text, graphics, logos, button icons, images, audio clips, and software—is owned by Dialed Industries LLC and is protected by U.S. copyright laws. The compilation of all content on our website is the exclusive property of Dialed Industries LLC. Unauthorized use of this content, including reproduction, modification, distribution, transmission, republication, or display, is strictly prohibited.

11. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If at our request, you send certain specific submissions (e.g., contest entries) or without a request send creative ideas, suggestions, proposals, or other materials (collectively, “comments”), you agree that we may, at any time, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us without restriction. We are under no obligation to (1) maintain any comments in confidence; (2) pay compensation for comments; or (3) respond to comments.

We have the right, but not the obligation, to monitor, edit, or remove content we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable or in violation of any party’s intellectual property or these Terms.

You agree that your comments will not violate any third-party rights or contain unlawful, abusive, or obscene material, or any malware that could affect the operation of the Service or a related website. You may not use a false email address or otherwise mislead us or third parties. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

12. THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this Site may direct you to websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any third-party websites. We are not liable for any harm or damages arising from purchase or use of goods, services, resources, or content of any third-party websites. Any concerns regarding third-party products should be directed to the third party.

13. PROHIBITED USES

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site or its content:

1. For any unlawful purpose;
2. To solicit others to perform or participate in unlawful acts;
3. To violate any international, federal, provincial, or state regulations or laws;
4. To infringe upon our intellectual property rights or the rights of others;
5. To harass, abuse, harm, defame, slander, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
6. To submit false or misleading information;
7. To upload or transmit viruses or any other malicious code;
8. To collect or track the personal information of others;
9. To spam, phish, pharm, pretext, spider, crawl, or scrape;
10. For any obscene or immoral purpose; or
11. To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

14. DISCLAIMER OF WARRANTIES

We do not guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free. You expressly agree that your use of the Service is at your sole risk. The Service and all products are provided on an “as is” and “as available” basis without any representations, warranties, or conditions of any kind, whether express or implied, including but not limited to implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, or non-infringement.

We do not warrant that the results obtained from using the Service will be accurate or reliable, nor that any errors in the Service will be corrected. Because some jurisdictions do not allow the exclusion or limitation of certain warranties, the above exclusions may not apply to you.

15. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR PRODUCTS SHALL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT(S) AT ISSUE. IN NO EVENT SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.

16. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Dialed Industries LLC and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from any claim or demand, including reasonable attorneys’ fees, arising out of (a) your breach of these Terms, (b) your violation of any law or the rights of a third party, or (c) your use of the Site and our products or Services.

17. FORCE MAJEURE

We shall not be liable for any delay or failure in performance caused by circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, or governmental actions.

18. ASSIGNMENT

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations at any time.

19. ENTIRE AGREEMENT / BUYER’S STATEMENT

These Terms, together with any policies or operating rules posted by us on this Site or in respect to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements or communications.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

20. SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms. This determination shall not affect the validity and enforceability of any other remaining provisions.

21. TERMINATION

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or when you cease using our Site. If, in our sole judgment, you fail—or we suspect that you have failed—to comply with any term or provision of these Terms, we may terminate this Agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

22. DISPUTES

Before taking any action, you agree to attempt resolution by contacting us at info@dialed.industries. Any dispute arising from or relating to the subject matter of this Agreement shall be governed by the laws of the State of Arizona, without regard to conflict of laws principles, and the exclusive venue shall be the Maricopa County courts. You hereby waive any right to a jury trial.

23. HEADINGS

Headings in this Agreement are included for convenience only and shall not affect the interpretation of these Terms.

24. CHANGES TO THESE TERMS

You can review the most current version of these Terms at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes constitutes acceptance of those changes.

25. CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at:
Email: info@dialed.industries