OUR POLICIES WERE LAST UPDATED ON JULY 2, 2012.
THE POLICIES SET OUT BELOW GOVERN YOUR USE OF THE DIESEL PERFORMANCE PARTS, INC. (DPPI) ONLINE STORE. BEFORE COMPLETION OF ANY SALE YOU ARE REQUIRED TO ACKNOWLEDGE THAT YOU HAVE BOTH READ AND AGREE TO THE ENTIRETY OF FOLLOWING POLICIES. IF YOU DO NOT AGREE TO THE POLICIES OF DIESEL PERFORMANCE PARTS, DO NOT CLICK AGREE, AND DO NOT ATTEMPT TO COMPLETE THE SALE.
IF YOU HAVE ANY QUESTION REGARDING THE POLICIES OF DPPI, PLEASE CONTACT DPPI AT 615-834-0066.
- Shipping & Delivery
- Privacy & Security
- Returns & Replacements
- Payment, Pricing & Promotions
- Your Account
Shipping & Delivery
CHOOSING A CARRIER AT CHECKOUT
At checkout we will use the ship to address you provide to help the shipping companies calculate a quote for the cost of freight. The cost of freight is based on the total weight of the order and any relevant shipping fees as determined by the shipping company you choose. All orders are processed on Monday through Friday between 08:00 A.M. to 04:00 P.M. Central Standard Time (CST). Most orders are shipped directly from DPPI headquarters in Nashville, TN.
All delivery estimates and charges are made by the shipping company providing the quote. DPPI is in no way able to alter the quoted price of freight and is also not responsible for delays or derivations from/to the shipping schedule quoted to you by your chosen shipping company.
Once your order ships, a message will be sent to the email address that you provided during checkout that will contain the tracking number of the shipment for your order.
SHIPPING TO MULTIPLE ADDRESSES
Orders placed through the DPPI Online Store are not eligible to be shipped to multiple addresses at this time. If, for any reason, you need to have products shipped to multiple addresses, please call 615-834-0066.
Privacy & Security
WHAT WE COLLECT
We may collect the following information:
- contact information including email address
- demographic information such as postcode, preferences and interests
- other information relevant to customer surveys and/or offers
For the exhaustive list of cookies we collect see the List of cookies we collect section.
WHAT WE DO WITH THE INFORMATION WE GATHER
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record keeping.
- We may use the information to improve our products and services.
- We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Certain content, DPPI Products, and services available via the DPPI Online Store may include materials from third parties. DPPI may provide links to third-party websites as a convenience to you. You agree that DPPI is not responsible for examining or evaluating the content or accuracy and DPPI does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that DPPI is not in any way responsible for any such use by you.
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
You understand that by using the DPPI Online Store, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the DPPI Online Store at your sole risk and DPPI shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. DPPI Online Store Product types and descriptions are provided for convenience, and you agree that DPPI does not guarantee their accuracy.
DISCLOSURE TO THIRD PARTIES
At times DPPI may make certain personal information available to strategic partners that work with DPPI to provide products and services, or that help DPPI market to customers. Personal information will only be shared by DPPI to provide or improve our products, services and advertising; it will not be shared with third parties for their marketing purposes.
DPPI shares personal information with companies who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in our products and services, and conducting customer research or satisfaction surveys. These companies are obligated to protect your information and may be located wherever DPPI operates.
It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence − for DPPI to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.
We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.
PROTECTION OF PERSONAL INFORMATION
DPPI takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction.
The DPPI Online Store uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected. To make purchases from these services, you must use an SSL-enabled browser such as Safari, Firefox, Chrome, or Internet Explorer. Doing so protects the confidentiality of your personal information while it’s transmitted over the Internet.
INTEGRITY AND RETENTION OF PERSONAL INFORMATION
ACCESS TO PERSONAL INFORMATION
You can help ensure that your contact information and preferences are accurate, complete, and up to date by logging in to your DPPI Online Store Account. For other personal information, we make good faith efforts to provide you with access so you can request that we correct the data if it is inaccurate or delete the data if DPPI is not required to retain it by law or for legitimate business purposes. We may decline to process requests that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. Access, correction, or deletion requests can be made to the regional Privacy email addresses.
We do not knowingly collect personal information from children under 13. If we learn that we have collected the personal information of a child under 13 we will take steps to delete the information as soon as possible.
CONTROLING YOUR PERSONAL INFORMATION
You may choose to restrict the collection or use of your personal information in the following ways:
- whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
- if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at firstname.lastname@example.org
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to 411 Allied Dr, Nashville, TN 37211.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
LIST OF COOKIES WE COLLECT
The table below lists the cookies we collect and what information they store.
Returns & Replacements
DPPI stands behind the products it sells, but if, for any reason, you find yourself unsatisfied with your purchase for any reason, you are eligible to return most new, unopened, seal-unbroken products within 30 days of the original purchase date for a refund, store credit, or exchange.
All refunds include a credit card processing fee of 5%.
WARRANTY POLICY FOR NON-DPPI PRODUCTS
Manufacturers offer different types of warranties depending on the Brand and the product purchased. If possible, warranty information will be provided, but you are encouraged to familiarize yourself the manufacturers individual warranty program for the product you are interested in purchasing.
OPENED OR INSTALLED PRODUCTS
Opened or installed items are subject to a 10% restocking fee. They may also be subject to loss of some or all the refund amount depending on the return condition of the product in order to return product to re-salability. See Return Inspection and Verification for more details.
New, unopened, seal-unbroken products may be exchanged for any other product carried on the DPPI Online Store. Any difference in price will, if owed by you, will be charged to your credit card, and, if owed by DPPI, will be refunded or issued as store credit. Exchanges are only eligible to be coordinated and processed by calling DPPI at 615-834-0066.
CANCELING OR RETURNING AN ORDER
If you wish to cancel your order, you must do so by phone at 615-834-0066. Please have the order number on your invoice ready when your call. If the product has not yet shipped, then your order will be halted and your payment returned. If, however, your order has already shipped, you will have ship the product back to DPPI once it arrives. Any shipping fees incurred will not be reimbursed by DPPI.
All returns must carry the DPPI invoice number and the RMA number visibility affixed to or in the package of the product submitted for return. DPPI will accept returns for refund provided that the shipping date of the product is within 30 days of the original purchase date. Shipping fees will not be refunded by DPPI.
ISSUES RELATED TO PRODUCT BEFORE OR UPON ARRIVAL
If, within 30 days of the original purchase date, you realize that your order was filled incorrectly or the product is defective, then DPPI will exchange the product. You will not be charged in any way whatsoever, and any shipping fees you may incur in returning the incorrect product will be reimbursed.
If the shipping provider you chose during the DPPI Online Store checkout process fails to deliver, delivers to wrong address, or damages the product, then you should make a carrier claim with that shipping provider.
RETURN INSPECTION AND VERIFICATION
DPPI will, upon receipt, inspect the returned product for evidence of possible damages, cracks, broken seals, tampering, disassembly, installation, missing parts/accessories/package/printed materials, serial number matches, fire damage, water or other fluid damage, or any other inspections deemed necessary. Any products that fail any of these inspections may be subject to the loss of a partial or full amount of their refund as needed for DPPI to restore salability of the product.
Some products have serial numbers associated with them. When you return any of these kinds of products, DPPI will inspect the serial number of the product being returned for evidence of alteration, tampering, removal, and that the serial number matches the serial number of the product that was shipped to you. DPPI will not issue a refund, credit, or exchange of any kind if the product being returned fails serial number inspection.
Any products that have to be special ordered may only be returned if the product is found to be defective or damaged upon arrival. Special order products will be replaced with another like product and are, therefore, not eligible for refund.
If, at the time of product arrival, you refuse to accept delivery of the product then you will be charged for the return shipping and, as determined by DPPI, may be additionally charged a restocking fee of 15% of the product purchase price.
After the return policy of 30 days has closed, your product transitions to the manufacturers warranty policy, if any warranty is offered. After that time, any issues related to your product should be directed to that products manufacturer.
DPPI will never reimburse labor charges or installation fees.
Payment, Pricing & Promotions
ACCEPTED FORMS OF PAYMENTS AND APPLICABLE TAXES
DPPI accepts payment in the form of American Express, Visa, Master Card, and Discover issued credit cards. When a credit card is used, DPPI may obtain preapproval for an amount up to amount of the order. Billing occurs at the time of or shortly after your transaction. You are only permitted to use one credit card when completing purchases through the DPPI Online Store. Call 615-834-0066 if you need to use more than one credit card to complete your purchase.
You agree that you will pay for all products you purchase through the DPPI Online Store, and that DPPI may charge your credit card for any products purchased and for any additional amounts (including any taxes and fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING DPPI WITH A VALID CREDIT CARD ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card account you designate during the check out process.
Your total price will include the price of the product plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where purchased products are taxable.
Cashiers Checks, Personal or Company Checks, Money Order, or Cash transactions are not accepted through the DPPI Online Store at this time. If you need to use any of these payment methods, call 615-834-0066.
PRICING AND QUANTITY CHANGES
Prices for products offered via the DPPI Online Store may change at any time without notice. DPPI does not provide price protection or refunds in the event of a price reduction or promotional offering. DPPI reserves the right to cancel any orders placed for any product.
DPPI reserves the right to change product availability (including availability of particular features and accessories) without notice. DPPI is not responsible for typographic or pricing errors.
If a product becomes unavailable following a transaction but prior to shipping, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by DPPI.
DPPI offers free UPS ground shipping on orders that meet a minimum total of $50.00. This offer is limited specifically to UPS ground shipping method and is limited to shipping addresses in the continental U.S. only. No other methods or freight carriers qualify for free shipping. This offer is considered a promotion and may be revoked at any time without notice.
DPPI will price match any lower price found for an identical product on any legitimate retailer’s web site or printed materials. To verify if another vendor’s price is eligible for DPPI price matching or to have DPPI price matching applied to a product, call 615-834-0066.
DPPI strives to offer the best possible price on all of the products we carry to all of the customers that we do business with.
MINIMUM ADVERTISED PRICE
DPPI strictly adheres to all of our manufacturers’ Minimum Advertised Price (MAP) policies. This allows DPPI to remain in good standing with all of the manufacturers whose products we sell. Be aware some manufacturers consider vendors who do no adhere to that manufacturer’s MAP policy to be unauthorized dealers, and that purchasing products from these unauthorized dealers may disqualify you for any warranties offered by that manufacturer.
You are required to accept all core charges in order to check out.
All core charge fees will be refunded within 7 business days after the receipt of the core, at the DPPI location or the specific Manufacturers location based on the individual Manufactures core return delivery policy. All cores must be 100% “Like for Like” and “Part Number for Part Number” in the original box with all required paperwork completed. If you have any questions on the viability of your specific core please call 615-834-0066 and we will be glad to help you.
Core charges will be refunded partially or in-full when the DPPI core inspector has verified the condition of the product with associated core charge.
Some or all of the core charge may not be refunded if the core shows signs of damage and/or tempering. Possible signs of damage and/or tampering include dents, breakage, burns, water damage, missing parts or accessories, evidence of disassembly or other reasons as determined by the DPPI core inspector. You will be notified of the final determination of the DPPI core inspector.
Gifts purchased from the DPPI Online Store may be purchased only for, and redeemed only by, persons in the United States, its territories, and possessions.
By pre-ordering products, you are authorizing the DPPI Online Store to automatically charge your account and deliver the product when it becomes available. You may cancel your pre-order prior to the time the item becomes available.
Your use of the DPPI Online Store includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
The DPPI Online Store is available for individuals aged 18 years or older.
The DPPI Online Store is available to you only in the United States, its territories, and possessions. You agree not to use or attempt to use the DPPI Online Store from outside these locations. DPPI may use technologies to verify your compliance.
Use of the DPPI Online Store requires compatible devices, Internet access, and certain software (fees may apply); and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video. The latest version of required software is recommended to access the DPPI Online Store and may be required for certain transactions or features and to download some forms of data from the DPPI Online Store. You agree that meeting these requirements, which may change from time to time, is your responsibility. The DPPI Online Store is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the DPPI Online Store.
As a registered user of the DPPI Online Store, you may establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify DPPI of any security breach of your Account. DPPI shall not be responsible for any losses arising out of the unauthorized use of your Account.
You agree to provide accurate and complete information when you register with, and as you use, the DPPI Online Store, and you agree to update your DPPI Online Store Registration Data to keep it accurate and complete. You agree that DPPI may store and use the DPPI Online Store Registration Data you provide for use in maintaining and billing fees to your Account.
SUBMISSIONS TO THE DPPI ONLINE STORE
The DPPI Online Store may offer interactive features that allow you to submit materials (including links to third-party content) on areas of the DPPI Online Store accessible and viewable by the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses. You agree to provide accurate and complete information in connection with your submission of any materials on the DPPI Online Store. You hereby grant DPPI a worldwide, royalty-free, nonexclusive license to use such materials as part of the DPPI Online Store without any compensation or obligation to you. DPPI reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability.
DPPI has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the DPPI Online Store, to investigate any reported or apparent violation of this Agreement, and to take any action that DPPI in its sole discretion deems appropriate, including, without limitation, to termination of your Account.
You agree that the DPPI Online Store, including but not limited to DPPI Online Store Products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the DPPI Online Store, contains proprietary information and material that is owned by DPPI and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the DPPI Online Store in compliance with this Agreement. No portion of the DPPI Online Store may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the DPPI Online Store in any manner, and you shall not exploit the DPPI Online Store in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, DPPI and its licensors reserve the right to change, suspend, remove, or disable access to any DPPI Online Store Products, content, or other materials comprising a part of the DPPI Online Store at any time without notice. In no event will DPPI be liable for making these changes. DPPI may also impose limits on the use of or access to certain features or portions of the DPPI Online Store, in any case and without notice or liability.
All copyrights in and to the DPPI Online Store (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by DPPI and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE DPPI Online Store, EXCEPT FOR USE OF THE DPPI Online Store AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
DPPI, the DPPI logo, and other DPPI trademarks, service marks, graphics, and logos used in connection with the DPPI Online Store are trademarks or registered trademarks of DPPI in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the DPPI Online Store may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
DPPI reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the DPPI Online Store. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the DPPI Online Store will be deemed acceptance thereof.
If you fail, or DPPI suspects that you have failed, to comply with any of the provisions of this Agreement, DPPI, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the DPPI Online Store (or any part thereof).
DPPI reserves the right to modify, suspend, or discontinue the DPPI Online Store (or any part or content thereof) at any time with or without notice to you, and DPPI will not be liable to you or to any third party should it exercise such rights.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
DPPI DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE DPPI Online Store WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME DPPI MAY REMOVE THE DPPI Online Store FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE DPPI Online Store AT ANY TIME, WITHOUT NOTICE TO YOU.
IN NO CASE SHALL DPPI, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE DPPI Online Store OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE DPPI Online Store, 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 ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DPPI Online Store, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, DPPI'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
DPPI SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE DPPI Online Store, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND DPPI HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
DPPI DOES NOT REPRESENT OR GUARANTEE THAT THE DPPI Online Store WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND DPPI DISCLAIMS ANY LIABILITY RELATING THERETO.
WAIVER AND INDEMNITY
BY USING THE DPPI Online Store, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD DPPI, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE DPPI Online Store, OR ANY ACTION TAKEN BY DPPI AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM DPPI, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE DPPI Online Store, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF DPPI'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
This Agreement constitutes the entire agreement between you and DPPI and governs your use of the DPPI Online Store, superseding any prior agreements between you and DPPI. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. DPPI's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. DPPI will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The DPPI Online Store is operated by DPPI from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the DPPI Online Store. All transactions on the DPPI Online Store are governed by Tennessee law, without giving effect to its conflict of law provisions. Your use of the DPPI Online Store may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with DPPI or relating in any way to your use of the DPPI Online Store resides in the courts in the State of Tennsesse. Risk of loss and title for all electronically delivered transactions pass to the purchaser in Tennsesse upon electronic transmission to the recipient. No DPPI employee or agent has the authority to vary this Agreement.
DPPI may notify you with respect to the DPPI Online Store by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the DPPI Online Store. Notices shall become effective immediately.
DPPI reserves the right to take steps DPPI believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that DPPI has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as DPPI believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to DPPI's right to cooperate with any legal process relating to your use of the DPPI Online Store and/or a third-party claim that your use of the DPPI Online Store is unlawful and/or infringes such third party's rights).