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Terms & Conditions

Welcome to the Downright® web site ("Our Site"), the site operated by Downright Ltd ®.

This is the user agreement that governs your use of the site ("Agreement"). Please read this Agreement carefully, because by using Our Site you agree to abide by its terms and conditions. Downright Ltd. ® may change the terms from time to time and any change will be effective from the day of posting, so please check this page regularly.

Copyright

Our Site and all its content, including but not limited to its text, photographs, including those of products, graphics, logos, button icons, images and software, is owned by Downright Ltd. ® You are granted a limited right to access this Site for your personal, non-commercial, and informational use only. The foregoing license grant does NOT include the right for you to reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in selling, or exploit in any way, in whole or in part, "Our Site", or any of its contents.

Trademark

Downright, Ltd. ® and DOWNRIGHT®, and its logo are registered trademarks of Downright Ltd. ®

The Trademarks may not be used in connection with any product or service that does not belong to Downright Ltd. ® or is not licensed by us, in any manner that is likely to cause confusion about whether Downright Ltd. ® is the source of the product, and may not be used in any manner that disparages or discredits Downright Ltd. ®. Unauthorized use of any Intellectual Property may result in an action for infringement, or breach of this agreement. In such case, you agree to be liable for any costs or expense, including but not limited to reasonable attorney's fees, incurred by Downright Ltd. ® as allowed by law.

Product Information

Products displayed on Our Site are available through Retailers in the United States and in Canada. Products may not be available in your location.

Disclaimers of Warranties

OUR SITE IS AVAILABLE "AS IS." WE DO NOT WARRANT OR REPRESENT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. WE DO NOT MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL, DATA OR DATABASE DISPLAYED, POSTED OR DISTRIBUTED ON OUR SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN OUR SITE.

WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR USE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY.

ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, "TROJAN HORSES" OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR ITS CONTENT THAT MAY BE DOWNLOADED FROM OUR SITE DOES NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE AND ANY OF ITS CONTENT, YOU DO SO SOLELY AT YOUR OWN RISK.

Limitation of Liability

YOU RELEASE DOWNRIGHT LTD® FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OUR SITE. IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR PRODUCTS, SERVICES, OR THIS AGREEMENT, WHETHER SUCH CLAIM IS BASED IN CONTRACT OR TORT, NEGLIGENCE OR OTHER LEGAL OR EQUITABLE THEORY.

Governed by Laws of New York/ Forum Selection

This Agreement and any claim or dispute relating to it will be governed by the laws of the State of New York applicable to contracts made and performed there without regard to its conflicts of law principles. You agree to submit to the exclusive jurisdiction of the state courts sitting in Kings County, New York and federal courts in Eastern District of New York, State of New York, and you waive any jurisdictional, venue or inconvenient forum objections to such courts.

Severability

If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severed and will not affect the validity and enforceability of any remaining provision.

If you have any questions, you can send your inquiry through the Contact Us web page, or ask us by email at office@downrightltd.com, or by postal mail at:


Downright Ltd. ®
4603 First Ave
Brooklyn, NY 11232