Agreement Between User and DWD.com
Welcome to DWD.com. The DWD.com website (the "Site") is comprised of various web pages operated by its base company, Take Five, Inc. ("Take Five"). Your use of DWD.com constitutes your agreement, without modification, to all Terms & Conditions (“Terms”) documented below. Please read these Terms carefully. We suggest that you print them out and keep a copy for your reference.
DWD.com is an Informational AND E-Commerce Site
This website is provided to assist in the wholesome development of humans -- primarily children -- through the information presented on the site, the materials available for purchase and the programs, seminars, workshops and other events offered by Take Five, Inc.
For organizational reference, this document is presented in five major sections:
- PRIVACY POLICY
- COPYRIGHT POLICY
- LIABILITY POLICY
- OTHER OPERATING TERMS, CONDITIONS & POLCIIES
-
SHOPPING CART, RETURNS & ECHANGES POLICIES
Your use of DWD.com is subject its Privacy Policy given below, which also governs the Site and informs users of our data collection practices.
This Privacy Policy governs the manner in which Take Five, Inc. collects, uses, maintains and discloses information collected from users (each, a "User") of the DWD.COM website ("Site"). This privacy policy applies to the Site and all products and services offered by Take Five, Inc.
Personal Identification Information (Privacy Policy)
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site place an order fill out a form subscribe to the newsletter and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information.
We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-Personal Identification Information (Privacy Policy)
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web Browser Cookies (Privacy Policy)
Our Site may use "cookies" to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.
How We Use Collected Information (Privacy Policy)
Take Five, Inc. collects and uses Users personal information for the following purposes:
-
To improve customer service
Your information helps us to more effectively respond to your customer service requests and support needs. -
To send periodic emails
The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.
How We Protect Your Information (Privacy Policy)
We adopt data collection, storage and processing practices and security measures appropriate for protecting against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
Changes To This Privacy Policy (Privacy Policy)
Take Five, Inc. has the discretion to update this privacy policy at any time. When we do revise the updated date at the bottom of this page, we post a notification on the main page of our Site and send Member an email. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.
COPYRIGHT POLICY (Copyright Policy)
The content (images, text, files and scripts) of this website is a copyright of Take Five, Inc. All rights expressly reserved.
The content of this website can be accessed, printed and downloaded in an unaltered form (including being stretched, compressed, colored or altered in any way so as to distort content from its original proportions or format) with copyright acknowledged, on a temporary basis for personal study which for neither direct or nor indirect commercial use.
Any content printed or downloaded may not be sold, licensed, transferred, copied or reproduced in whole or in part in any manner or on any media to any person without the prior written consent of Take Five, Inc., including but not limited to:
- transmission by any method
- storage in any medium, system or program
- display in any form
- hire, lease, rental or loan
Address requests for permission to reproduce material from this website to:
Member Services
Take Five, Inc.
This email address is being protected from spambots. You need JavaScript enabled to view it.
(7200 W 83rd Street, Overland Park, KS 66204)
Take Five, Inc. and their web designer have made every reasonable effort to locate, contact and acknowledge copyright owners and wishes to be informed by any copyright owners who are not properly identified and acknowledged on this website so that we may make any necessary corrections.
Other individuals and organizations wishing to make Take Five, Inc.'s content accessible through their websites are encouraged to create hypertext links to the required content on this website and may do so without the consent of Take Five, Inc.
Links to Third Party Sites/Third Party Services (Liability Policy)
DWD.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Take Five and Take Five is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Take Five is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Take Five of the site or any association with its operators.
Certain services made available via DWD.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the DWD.com domain, you hereby acknowledge and consent that Take Five may share such information and data with any third party with whom Take Five has a contractual relationship to provide the requested product, service or functionality on behalf of DWD.com users and customers.
Indemnification (Liability Policy)
You agree to indemnify, defend and hold harmless Take Five, Inc., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Take Five reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Take Five in asserting any available defenses.
Liability Disclaimer (Liability Policy)
Take Five, Inc. and/or its suppliers make no representations about the suitability, reliability, availability, timeliness and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided ‘as is’ without warranty or condition of any kind. Take Five, Inc. and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and noninfringement.
Guidance given on this site, whether written or verbal, specific or implied, is always based on a combination of best practices and historically positive outcomes and is never to be construed as giving legal permission or force of an order that must be honored. As such, any client action resulting from guidance by any officer or staff member of Take Five is ultimately the exclusive responsibility of the client as well as any outcomes resulting from those actions and are, therefore, in no way within the liability of Take Five, Inc. or any of its officers or personnel.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damage, the above limitation may not apply to you, the reader.
Survivability (Liability Policy)
The terms of this Agreement apply to those obligations that survive any cancellation, termination or rescission, namely warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.
Indemnification (Liability Policy)
You agree to defend, indemnify and hold harmless Take Five against any and all claims, losses, penalties, causes of action, damages, liability, costs, expenses (including but not limited to reasonable attorney fees) or claims caused by or resulting indirectly from your use of the service, without limitation or exception, including your violation of any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third-party right). The terms of this section shall survive the termination of your relationship with Take Five.
Technical Failure (Liability Policy)
If by reason of failure of telecommunications or Internet service providers, labor disputes, riots, inability to obtain labor or materials, act of god, fire or other action of the elements, accidents, governmental restrictions or other causes beyond our control, Take Five is unable to perform in whole or in part its obligations as set forth in this Agreement, then Take Five shall be relieved of those obligations to the extent it is unable to perform. Furthermore, such inability to perform shall not make Take Five liable to the user.
Ultimate Remedy (Liability Policy)
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY AND RESPONSIBILITY IS TO DISCONTINUE USING THIS SITE.
OTHER OPERATING TERMS, CONDITIONS & POLICIES
Electronic Communications (Other Terms...)
Visiting and/or using DWD.com or sending emails to Take Five, Inc. constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account: Responsibility, Confidentiality & Access (Other Terms...)
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. By opening an account, you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Take Five is not responsible for third party access to your account that results from theft or misappropriation of your account. Take Five and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 18, you may open an account in DWD.com only with permission of a parent or guardian.
Third Party Websites (Other Terms...)
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites that have a link to our Site, is subject to that website's own terms and policies.
Advertising & Cookies (Other Terms...)
Ads appearing on our site may be delivered to Users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile non-personal identification information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This privacy policy does not cover the use of cookies by any advertisers.
Compliance with Children's Online Privacy Protection Act (Other Terms...)
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our Site from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
No Unlawful or Prohibited Use / Intellectual Property (Other Terms...)
You are granted a non-exclusive, non-transferable, revocable license to access and use DWD.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Take Five that:
a. You will not use the Site for any purpose that is unlawful or prohibited by these Terms.
b. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
c. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
d. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Take Five or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights (see Copyright section above).
e. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
f. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.DWD.com content is not for resale.
g. You acknowledge that your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content.
h. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Take Five and the copyright owner.
i. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Take Five or our licensors except as expressly authorized by these Terms.
International Users (Other Terms...)
The Service is controlled, operated and administered by Take Five from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Take Five, Inc. Content accessed through DWD.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Termination / Access Restriction (Other Terms...)
Take Five reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Mississippi and you hereby consent to the exclusive jurisdiction and venue of courts in Mississippi in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
No Business Relationship (Other Terms...)
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Take Five as a result of this agreement or use of the Site. Take Five’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is detracts from Take Five’s right and responsibility to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Take Five with respect to such use.
Waiver (Other Terms...)
The failure of Take Five, Inc. to enforce a provision of this Agreement shall not be considered to be a de facto waiver or limitation of Take Five, Inc.'s right to subsequently enforce strict compliance with every provision of this Agreement.
Concluding Conditions (Other Terms...)
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision. In such event, the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Take Five with respect to the Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Take Five with respect to the Site.
Hard & Electronic Copy Equally Valid (Other Terms...)
A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in hard-copy form.
Language of Record (Other Terms...)
It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms (Other Terms...)
Take Five reserves the right, in its sole discretion, to change the Terms under which DWD.com is offered. The most current version of the Terms will supersede all previous versions. Take Five encourages users to periodically review the Terms to stay informed of our updates.
This time & date stamp indicates the most recent update:
Most recent update: 1:00 AM, April 4, 2014.
Contact Us (Other Terms...)
If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:
Member Services (Other Terms...)
Take Five, Inc.
This email address is being protected from spambots. You need JavaScript enabled to view it.
7200 W 83rd Street
Overland Park, KS 66204
1-800-228-4465
SHOPPING CART: RETURNS & EXCHANGES POLICY
Take Five, Inc. is committed to providing our customers with the quality, pricing and excellent product support they deserve. We are glad you have found our site and truly appreciate your business. When you purchase a product or service from us, we will do our very best to ensure that you are satisfied with your selection and fully intend to help you with any questions you may have. In the event you do need to return a product or need assistance for a Warranty Replacement, Exchange or Cancellation, please see the instructions below for your specific situation.
DWD.com Client Services
This email address is being protected from spambots. You need JavaScript enabled to view it.
1-888-22THINK (1-888-228-4465)
Product Duplication or Re-distribution (Shopping Cart Policy)
In purchasing a product or service from Take Five, Inc., you understand that the product or service you are purchasing and marked or marketed as a product of Take Five, Inc. is actually the intellectual property of Take Five, Inc. and is covered by U.S. copyright law: therefore, the duplication and/or re-distribution of any materials or presentations of Take Five, Inc., except by specific written permission, is strictly prohibited. The violation of this policy is punishable by law.
Product Availability / Out of Stock Policy (Shopping Cart Policy)
1. Only those items marked "Add to Cart" are available for online ordering. If the item is identified as "Out of Stock", feel free to contact us for a date when the item will become available.
2. There is a possibility that the item you ordered is NOT identified as "Out of Stock", but may become so, shortly after ordering. Please understand that our stock can fluctuate daily. We will do our best to notify you if there is any problem in shipping your order.
3. Lastly, if any item you ordered is not received in your shipment, please be sure to contact us immediately.
Order Cancellations (Shopping Cart Policy)
Please call customer service as soon as possible and we will help to process your request.
Limited One-Year Warranty (Shopping Cart Policy)
Take Five, Inc. warrants its products, upon arrival at the buyer’s destination, against original defects in materials or workmanship. Take Five, Inc. will replace with the same or equivalent product free of charge, including postage. This warranty does not cover damage caused by accident, misuse, abuse, or failure to treat published media with customary care. Here are examples of warranty voids.
1. Using the product in any way other than its intended use.
2. Modifying the product will void the warranty.
3. Failure to use the product in accordance with written instructions will void the warranty.
Warranty Return Instructions (Shopping Cart Policy)
1. PLEASE CALL THE CUSTOMER SERVICE LINE OF TAKE FIVE, INC. PRIOR TO RETURNING/EXCHANGING A PRODUCT TO THE STORE OR SEEKING WARRANTY REPLACEMENT FROM TAKE FIVE.
2. When returning the product to Take Five, Inc. for replacement, please follow the instructions below:
a. Pack the product in the original carton or equivalent.
b. Enclose a copy of the original, dated proof of purchase.
c. Enclose a note explaining the difficulty you are experiencing with the product.
Please be sure to enclose your full name, address, and telephone number.
d. Mail the above to:
Take Five, Inc. Inc.
Customer Service Dept.
7200 W 83rd Street
Overland Park, KS 66204
e. Please allow 4 weeks for warranty replacement processing.
Return / Exchange Policy and Procedures (Shopping Cart Policy)
1. If it has been purchased directly through Take Five, Inc. Inc., we can offer an exchange of product only. Sorry, No Refunds. Exchange only. If from a Retailer or Online Store and within 30 days, you must return it to where you purchased it from. Keep in mind, they may have different return policies. If after 30 days, contact Take Five, Inc. for your options.
2. PLEASE CALL TAKE FIVE, INC.’S CUSTOMER SERVICE LINE PRIOR TO RETURNING/EXCHANGING A PRODUCT TO THE STORE OR SEEKING WARRANTY REPLACEMENT .
3. Mail the above to:
Take Five, Inc. Inc.
Customer Service Dept.
7200 W 83rd Street
Overland Park, KS 66204
4. Pack the product in the original carton or equivalent
5. Enclose a copy of the original, dated proof of purchase
6. Enclose any and all items/components that came with your original purchase. Your claim may be denied if there are missing items.
7. Enclose a note explaining the reason for return. Please be sure to enclose your full name, address, and telephone number.
8. Once product is received, it will be reviewed for cause of return. Customer will be contacted regarding course of action. Please allow 2 - 3 weeks for replacement.
9. If your return is the result of an incorrect shipment by Take Five, Inc., or is damaged in shipping, Take Five, Inc. will either make arrangements for return or reimburse sender for regular ground shipping costs. Proof of charges must be provided.
10. If returning merchandise for any other reason, you are required to pay all shipping charges to Take Five, Inc.. Take Five reserves the right to deny any return.
11. For your protection, please send your return via carriers who offer package tracking. (Please retain your tracking receipt for reference). Take Five, Inc. is not responsible for lost shipments. Those shipping charges are non-refundable.
