Terms

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES IN OUR WEBSITE.  By using or accessing this website you signify your acknowledgment and assent to the terms and conditions of use set forth below.  If you do not agree to these Terms of Use, please do not use this website.  Do it Best can revise these Terms of Use at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms.  Please check these Terms of Use periodically for changes.

This website is owned and operated by Do it Best Commerce Do it Best, LLC (collectively "Do it Best," "we," or "us"). Questions concerning this website or its operation should be directed to the contact points set forth at the end of these Terms of Use.

Do it Best grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Do it Best. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; or any downloading or copying of account information for the benefit of another merchant.  You may not use any automated device, computer program, tool, algorithm, bot or similar process to mine or systematically scrape or extract data from this website. Except as otherwise specifically provided elsewhere on this website, redistribution, retransmission, republication or commercial exploitation of the contents of this website are expressly prohibited without the written consent of Do it Best and any copyright owner from whom we have obtained a license.

CONTENTS AND HYPERLINKS

This website contains hyperlinks to third party websites which are the sole responsibility of such independent third parties, and use thereof is solely at your own risk.  Do it Best has no control over the content or policies of such third party websites, and we are not responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of any websites hyperlinked to this website. Those who choose to access information from this website (including any information obtained through any hyperlink) are solely responsible for the compliance of such information with any applicable law. 

 USER CONTENT

Anything you disclose or offer to us by or through this website ("Disclosures"), including e-mails to Do it Best or postings on interactive portions of this website, shall be deemed PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret. By uploading or otherwise providing any Disclosure to this website or Do it Best, you hereby grant Do it Best, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such Disclosure for any purpose and in any media without compensation, and you warrant that all "moral rights" in uploaded materials have been waived.  You hereby RELEASE Do it Best from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Disclosure. 

INTERACTIVE AREAS AND CODE OF ACCEPTABLE CONDUCT

Do it Best does not ordinarily, but reserves the right to in its sole discretion, filter, censor, edit or regulate information and content provided by users and third parties on this website, including any such information provided in interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content. 

When participating in interactive portions of this website, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct:

(1) You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise improper content.

(2) You will not upload viruses or harmful components.

(3) You will not use the website to further any illegal purpose or to violate the rights of any party.

(4) You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services.

Do it Best will assist law-enforcement officials investigating illegal activity or violations of these Terms of Use.

PRODUCTS AND TERMS OF SALE

Your purchase of products from this website is subject to the following Terms of Sale (as well as the rest of the Terms of Use) which set forth terms applicable to the order, delivery and return of products offered through this website.  If you do not agree to these Terms of Sale, please do not order products from this website.  Products offered through this website shall be subject to the Return Policy below and shall be warranted only through the written satisfaction guarantee provided in the Return Policy.  SUCH WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.  ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE LENGTH OF SUCH WRITTEN LIMITED WARRANTY.

Orders and Acceptance

By placing an order you are making an offer to purchase the indicated products in accordance with these Terms of Use including these Terms of Sale.  All orders are subject to availability and we reserve the right to limit the quantity of items that may be purchased from time to time.  All orders are expressly conditioned upon acceptance by us, and we may refuse or cancel orders for any reason at any time, including breach of these terms.  If your credit card or payment account has already been charged for a purchase and your order is not accepted, we will issue an appropriate credit to your credit card or payment account.  Shipment of products will constitute our acceptance of your order. These terms supersede all prior written or oral statements or understandings between you and Do it Best and constitute the entire and only agreement between them relating to the subject matter.  Any proposal for additional or different terms or any attempt by you to vary in any degree any of this Agreement is hereby objected to and rejected. 

Pricing

All prices on our website are listed in U.S. Dollars.  Prices do not include shipping and taxes which shall be charged on all orders as applicable and will be indicated at the time of your order. In the event a product is listed at an incorrect price due to typographical or other error in pricing, we have the right to refuse or cancel any orders placed for the products listed at the incorrect price whether or not the order has been confirmed or accepted and your credit card or account charged.  If your credit card or payment account has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card or payment account in the amount of the incorrect price.

Payment

Please note that in the event you dispute an order, we reserve the right at our option, to seek reimbursement of any related costs incurred by us, to turn any past due account over to collections and/or report delinquent payment to credit bureaus. 

Return Policy

(a) Satisfaction Guarantee.  If you are not satisfied with a product you purchased through the site for any reason return the item in its original packaging (with all shipped parts, accessories and documents) within thirty (30) days of receiving the product for a full refund.  You must retain proof of return shipment and delivery of returned products. Only merchandise received by us will be eligible for exchange or refund.  As soon as we receive the item back, we will issue a credit to the credit card used for the original transaction in the amount of the purchase price of the product. For defective products or those that were shipped in error, we will also refund related shipping charges.

(b) Returns for orders shipped using UPS or USPS.  A return label is included with every order. Please indicate your reason for returning the product by marking the appropriate category on this label and attach it to the package being returned. In the event the return label is not available, you may use your sales receipt. Please make sure the order number is included along with the reason for the return. If you want to replace or exchange the product you have returned, please indicate this in the comments box of the return paperwork.

(c) Returns for Ship-to-Store Orders.  Returns for items shipped using our doitbest.com Ship-to-Store shipping option should be returned to the local store to which it was originally delivered. Click here for more details about Ship-to-Store returns.

Shipping Policy

(a) Shipping Charges.  All available shipping methods and shipping charges will be calculated and available on the shopping cart.  Once you have moved into the checkout process, your shipping methods may change depending on the destination and address.  PO Boxes, FPO, APO, American Somoa, Guam, Marianis Pacific, Marshall Islands, Micronesia, Palau, Puerto Rico, and the Virgin Islands will only ship via the standard shipping method via Priority Mail.  Items shipping to Alaska and Hawaii will ship via Standard Shipping using Priority Mail when available and Next Day and Second Day Air via UPS.  Certain stores allow for the Ship-to-Store option when the item is available for shipment to their store.  Ship-to-Store allows the order to ship free and is typically available on the next available store delivery.  The Ship-to-Store option will display if available.  To find available Ship-to-Store locations, use our store locator and select Ship-to-Store in the Store type before clicking the Search for Stores button.

(b) Additional Handling and Oversize Charges.  Some of the items that we make available to you online require additional handling fees and oversize charges from UPS. We indicate those affected items with the statement "Additional handling" or "Oversize" on the product page, in your shopping cart and during checkout. Contact Customer Care at 855-828-9792 between 8am and 6pm (Eastern Standard Time) to answer additional questions.

(c) Shipping Conditions.  All ship and delivery dates specified on our website are estimates only and are subject to change.  We will not be responsible for delays by the carrier.  Risk of loss and title to ordered items pass to you upon delivery to the shipping carrier.

Cancellation Policy

We allow you to cancel orders in a number of ways:

1.     Click on the "Cancel Order" button on the order confirmation screen during the checkout process.

2.     Follow the link in the order confirmation email to the order tracking screen.

3.     Click on the "Cancel Order" button on the order tracking screen
click here to go to the order tracking screen

4.     The "Cancel Order" button is available to you until the order has completed processing. Once it reaches a certain point in our system, the order status will change to "Processed" and the "Cancel Order" button will no longer be available. This occurs between 5pm and 6pm (EST). Once the option to cancel the order goes away, our staff can assist with with you cancellation by emailing us at Customer Support (ecommerce@doitbest.com)

For assistance with a cancellation contact Customer Care at 855-828-9792 any time Monday - Friday 8am-6pm EST.

DISCLAIMER OF WARRANTIES

Do it Best makes no representations or warranties that this website is free of defects, viruses or other harmful components.  We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or Do it Best's computer systems.  The pages on this website may contain technical inaccuracies, outdated information and typographical errors.  YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD DO IT BEST HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE.

EXCEPT AS OTHERWISE SPECIFED IN THESE TERMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE AND ALL INFORMATION, CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED "AS IS," AND DO IT BEST DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, PRODUCTS OR SERVICES THAT ARE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE.  WE DO NOT WARRANT THAT THIS WEBSITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. SOME JURISIDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION FOR ACCOUNT

If you register with our site, you are responsible for maintaining the confidentiality of your password and account, and for all activities that occur under your account.  You agree to indemnify, defend and hold Do it Best harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by us or our affiliates, employees, or representatives arising out of your breach of these Terms of Use or from your account.  You agree not to settle any such claim or incur any liability or admission of guilt on our behalf without our consent.  We reserve the right to assume the defense and control of any matter subject to indemnification by you.

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL DO IT BEST BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DO IT BEST'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE OR, IF APPLICABLE, IN PURCHASING PRODUCTS OR SERVICES THROUGH THIS WEBSITE. SOME JURISIDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

ARBITRATION AND CHOICE OF LAW

Do it Best controls and manages this website from its facilities in the state of Indiana. Unless otherwise stated, materials and content on this website are presented solely for promoting products and services in Indiana and the United States of America.  Information published on this website may contain references to products, programs and services that are not announced or available in your country or region.  We make no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any principles of conflicts of law. 

Any dispute or claim relating in any way to these Terms of Use, this website, or any products or services sold or distributed by or through this website, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.  You and Do it Best irrevocably consent to the exclusive jurisdiction of the courts located in Fort Wayne, Indiana in connection with any litigation.  You and Do it Best waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.

NOTICES

Any notices or acknowledgements that are specified in these terms may be made using any contact information provided by you.  You specifically consent to receive communications from us electronically via any e-mail address you provide and agree that such electronic communications satisfy any legal requirement that such communications be in writing. 

TRADEMARKS AND COPYRIGHTS

Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Do it Best or any third party, whether by estoppel, implication, or otherwise.  All brands and names are the property of their respective owners.  TAll registered trademarks are registered in the United States of America (and other applicable jurisdictions). 

SEVERABILITY

If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

PRIVACY

Please see our Privacy Policy for information regarding the collection and use of personal information from this website.

Despite any representations concerning privacy, Do it Best reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation.  Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.

GENERAL

These Terms of Use represent the entire understanding relating to the use of this website and prevail over any prior or contemporaneous, conflicting or additional communications.

Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited.  Do it Best reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights Do it Best may have.

Specific areas or pages of this website may include additional or different terms relating to the use of this website or the rights or obligations of you or Do it Best.  In the event of a conflict between such terms and these Terms of Use, such specific terms shall control.

Unless otherwise indicated, all material on this site © Copyright 2013 Tangerine Blues LLC.

All rights reserved.

CUSTOMER CARE CONTACT INFORMATION:

Please click here for information on how to contact us.

 

 

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