PLEASE READ THE FOLLOWING NOTICE CAREFULLY BEFORE USING OUR WEBSITE.
Please read our Privacy Notice, which is a part of this Agreement and may change from time to time.
Except as otherwise indicated, this website and its contents (including, but not limited to, the text, product descriptions, graphics, images, sound, software, animation and any other content) are owned by DIG CORPORATION and are protected by domestic and international copyright, trademark and other intellectual property laws. All copyrightable text and graphics, design, and presentation of all materials (including information in the public domain), and the overall design of this web site are © Copyright DIG CORPORATION, 2017. All rights reserved. This copyright notice applies to the entire contents of this website. You may not modify nor use the contents of this website in a manner that suggests an association with DIG CORPORATION. You do not acquire ownership rights to any content, trademark, images, graphics, document or other materials viewed through the website. The posting of such information and/or materials on the website does not constitute a waiver of any right in such information and materials. Some of the content on the website may be the copyrighted work of third parties.
Errors, Corrections and Changes
We may at any time, without notice to you, make changes to the pricing, product design and/or technical aspects, features, functionality or content of the website. We do not represent or warrant that the product information, pricing, or other information available on or through the website will be correct, accurate, timely or otherwise reliable. We do not represent or warrant that the website will be error-free, free of viruses or other harmful components, or that defects will be corrected. We reserve the right in our sole discretion to edit or delete any documents, information, prices or other content appearing on the Site.
Certain sections of, or offerings from, the website may require you to register. If registration is requested, or if you otherwise register to receive information and/or materials that you have requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
Third Party Content
Third party content, including social media features, may appear on our website or may be accessible via links from the website. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the website. You understand that the information and opinions in the third party content are solely those of such third party and is neither endorsed by nor does it necessarily reflect our belief. We are not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our website does not imply approval or endorsement of the linked website by us. If you leave our website and access any such third party websites, you do so at your own risk.
Use of Information
You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable shipping and/or taxes.
We reserve the right to investigate matters relating to the use of our website, complaints or reported violations of the Terms and/or this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
We disclaim any and all liability in respect to actions taken or not taken based on any of the contents of this website. Our website may also contain links to materials prepared by others and available at other websites. Our inclusion of these links does not indicate our affiliation with the linked entity or an endorsement of the information available at those websites, and we are not responsible for any third party contents that are accessible through our website.
THE INFORMATION, CONTENTS, AND DOCUMENTS FROM OR LINKED BY THIS WEBSITE ARE PROVIDED "AS IS", “AS AVAILABLE”, WITH “ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS WEBSITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND SAME MAY BE VOID WHERE PROHIBITED BY LAW.
Limitation of Liability
Neither DIG CORPORATION nor any of its employees, officers, directors, and/or agents will be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the website or any services or products obtainable therefrom, (b) the unavailability or interruption of the website or any features thereof, (c) your use of the website, (d) the content contained on the website, or (e) any delay or failure in performance beyond the control of the above parties. Moreover, THE AGGREGATE LIABILITY OF DIG CORPORATION AND ITS AFFILIATED PARTIES INCLUDING THOSE IDENTIFIED ABOVE IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND/OR ANY SUCH AFFILIATED PARTY.
TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE ABOVE LIMITATION OF LIABILITY, THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU AND SAME MAY BE VOID WHERE PROHIBITED BY LAW.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the website and its contents. The Terms and/or this Agreement shall be treated as though it were executed and performed in Vista, California, and shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to the Terms and/or this Agreement shall be filed only in the state or federal courts located in San Diego County, North County Judicial District, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
ANY CLAIM AND/OR CAUSE OF ACTION BY YOU WITH RESPECT TO THE WEBSITE, AND/OR THE TERMS, AND/OR THIS AGREEMENT, AND/OR ANY MATTERS ARISING OUT OF OR RELATED THERETO, MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CLAIM AND/OR CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE DISCLAIMERS AND/OR LIMITATIONS SET FORTH IN THE TERMS AND/OR THIS AGREEMENT.
The language in the Terms and/or this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. The Terms and/or this Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of the Terms and/or this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the website is in conflict or inconsistent with the Terms and/or this Agreement, the Terms and/or this Agreement shall take precedence. Our failure to enforce any provision of the Terms and/or this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under the Terms and/or this Agreement shall survive any termination of this Agreement.