THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS
AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT
MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO
RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS
BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU
ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE
BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER
ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO
BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT
AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF
AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH THE DALLAS
CONVENTION & VISITORS BUREAU, OR (C) ARE PROHIBITED FROM ACCESSING OR
USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS OR GOODS BY
APPLICABLE LAW.
These terms and conditions (these "Terms") apply to the purchase and sale
of products through https://shop.visitdallas.com/ (the "Site"). These
Terms are subject to change by The Dallas Convention & Visitors Bureau
d/b/a Visit Dallas (referred to as "us", "we", or "our" as the context may
require) without prior written notice at any time, in our sole discretion.
Any changes to the Terms will be in effect as of the "Last Updated Date"
referenced on the Site. You should review these Terms before purchasing
any product or services that are available through this Site. Your
continued use of this Site after the "Last Updated Date" will constitute
your acceptance of and agreement to such changes.
These Terms are an integral part of the Website Terms of Use that apply
generally to the use of our Site. You should also carefully review our
Privacy Policy before placing an order for products or services through
this Site (see 9).
Order Acceptance and Cancellation. You
agree that your order is an offer to buy, under these Terms, all products
listed in your order. All orders must be accepted by us, or we will not be
obligated to sell the products to you. We may choose not to accept orders at
our sole discretion, even after we send you a confirmation email with your
order number and details of the items you have ordered.
Prices and Payment Terms.
All prices, discounts, and promotions posted on this Site are subject to
change without notice. The price charged for a product will be the price
in effect at the time the order is placed and will be set out in your
order confirmation email. Price increases will only apply to orders placed
after such changes. Posted prices do not include taxes or charges for
shipping and handling. All such taxes and charges will be added to your
merchandise total and will be itemized in your shopping cart and your
order confirmation email. We strive to display accurate price information,
however, we may, on occasion, make inadvertent typographical errors,
inaccuracies, or omissions related to pricing and availability. We reserve
the right to correct any errors, inaccuracies, or omissions at any time
and to cancel any orders arising from such occurrences.
We may offer, from time to time, promotions on the Site that may affect
pricing and that are governed by terms and conditions separate from these
Terms. If there is a conflict between the terms for a promotion and these
Terms, the promotion terms will govern.
Terms of payment are within our sole discretion and payment must be
received by us before we accept an order. We accept Visa, Mastercard,
American Express, Discover, JCB, Diners Club, and Apple Pay for all
purchases. You represent and warrant that (i) the credit card information
you supply to us is true, correct, and complete, (ii) you are duly
authorized to use such credit card for the purchase, (iii) charges
incurred by you will be honored by your credit card company, and (iv) you
will pay charges incurred by you at the posted prices, including shipping
and handling charges and all applicable taxes, if any, regardless of the
amount quoted on the Site at the time of your order.
Shipments; Delivery; Title and Risk of Loss.
We will arrange for shipment of the products to you. Please check the
individual product page for specific delivery options. You will pay all
shipping and handling charges specified during the ordering process.
Shipping and handling charges are reimbursement for the costs we incur in
the processing, handling, packing, shipping, and delivery of your order.
Title and risk of loss pass to you upon our transfer of the products to
the carrier. Shipping and delivery dates are estimates only and cannot be
guaranteed. We are not liable for any delays in shipments.
Returns and Refunds. Except for any
products designated on the Site as final sale or non-returnable, we will
accept a return of the products for a refund of your purchase price, less
the original shipping and handling costs provided such return is made within
30 days of shipment with valid proof of purchase and provided such products
are returned in their original condition. To return products, you must email
customerservice@pinpointmerch.com If you plan to return your item, do NOT
remove the hang tag from the garment. To receive return instructions for
your order, please email customerservice@pinpointmerch.com with your order
number. As long as the order was delivered within 30 days and tags are still
on we will provide a return label via email. The return must be received
within 2 weeks of sending the label. No returns of any type will be accepted
if not authorized as stated herein. You bear the risk of loss during
shipment. Refunds are processed within approximately 5 business days of our
receipt of your merchandise. Your refund will be credited back to the same
payment method used to make the original purchase on the Site. WE OFFER NO
REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
Warranties and Disclaimers.
We do not manufacture or control any of the products offered on our Site.
Accordingly, we do not provide any warranties with respect to the products
offered on our Site.
ALL PRODUCTS OFFERED ON THIS SITE ARE PROVIDED “AS IS” AND WE MAKE NO
WARRANTIES WHATSOEVER WITH RESPECT TO THE PRODUCTS OFFERED ON THIS SITE,
INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B)
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST
INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER
EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE
OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR
OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY
BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE
MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
Limitation of Liability.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR
CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR
ENHANCED DAMAGES, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION
WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES
WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR
OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY
SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU
HAVE ORDERED THROUGH OUR SITE.
The limitation of liability set forth in Section 7(b) shall (i) only apply
to the extent permitted by law and (ii) not apply to (A) liability
resulting from our gross negligence or willful misconduct and (B) death or
bodily injury resulting from our acts or omissions.
Goods Not for Resale or Export. You
represent and warrant that you are buying products or services from the Site
for your own personal or household use only, and not for resale or export.
You further represent and warrant that all purchases are intended for final
delivery to locations within the US.
Privacy. Our Privacy Policy,
https://www.visitdallas.com/privacy-policy/, governs the processing of all personal data collected from you in
connection with your purchase of products through the Site.
Force Majeure. We will not be liable or
responsible to you, nor be deemed to have defaulted or breached these Terms,
for any failure or delay in our performance under these Terms when and to
the extent such failure or delay is caused by or results from acts or
circumstances beyond our reasonable control, including, without limitation,
acts of God, flood, fire, earthquake, explosion, governmental actions, war,
invasion or hostilities (whether war is declared or not), terrorist threats
or acts, riot or other civil unrest, national emergency, revolution,
insurrection, epidemic, lockouts, strikes or other labor disputes (whether
or not relating to our workforce), or restraints or delays affecting
carriers or inability or delay in obtaining supplies of adequate or suitable
materials, materials or telecommunication breakdown or power outage.
Governing Law and Jurisdiction. This
Site is operated from the US. All matters arising out of or relating to
these Terms are governed by and construed in accordance with the internal
laws of the State of Texas without giving effect to any choice or conflict
of law provision or rule (whether of the State of Texas or any other
jurisdiction) that would cause the application of the laws of any
jurisdiction other than those of the State of Texas.
Dispute Resolution and Binding Arbitration.
YOU AND THE DALLAS CONVENTION & VISITORS BUREAU ARE AGREEING TO GIVE UP
ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO
PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A
CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE
UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR
OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING
STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE
AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY
WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE
RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration
Association ("AAA") in accordance with the Consumer Arbitration Rules (the
"AAA Rules") then in effect, except as modified by this 12. (The AAA Rules
are available at www.adr.org/arb_med or by calling the AAA at
1-800-778-7879.) The Federal Arbitration Act will govern the
interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute
relating to arbitrability and/or enforceability of this arbitration
provision, including any unconscionability challenge or any other
challenge that the arbitration provision or the agreement is void,
voidable, or otherwise invalid. The arbitrator will be empowered to grant
whatever relief would be available in court under law or in equity. Any
award of the arbitrator(s) will be final and binding on each of the
parties and may be entered as a judgment in any court of competent
jurisdiction.
You agree to an arbitration on an individual basis. In any dispute,
NEITHER YOU NOR THE DALLAS CONVENTION & VISITORS BUREAU WILL BE ENTITLED
TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR
ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS
REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
The arbitral tribunal may not consolidate more than one person's claims
and may not otherwise preside over any form of a representative or class
proceeding. The arbitral tribunal has no power to consider the
enforceability of this class arbitration waiver and any challenge to the
class arbitration waiver may only be raised in a court of competent
jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the
unenforceable provision will be severed, and the remaining arbitration
terms will be enforced.
Assignment. You will not assign any of
your rights or delegate any of your obligations under these Terms without
our prior written consent. Any purported assignment or delegation in
violation of this 13 is null and void. No assignment or delegation relieves
you of any of your obligations under these Terms.
No Waivers. The failure by us to
enforce any right or provision of these Terms will not constitute a waiver
of future enforcement of that right or provision. The waiver of any right or
provision will be effective only if in writing and signed by a duly
authorized representative of The Dallas Convention & Visitors Bureau.
No Third-Party Beneficiaries. These
Terms do not and are not intended to confer any rights or remedies upon any
person other than you.
Notices.
To You. We may provide any notice to
you under these Terms by (i) sending a message to the email address you
provide or (ii) by posting to the Site. Notices sent by email will be
effective when we send the email and notices we provide by posting will be
effective upon posting. It is your responsibility to keep your email
address current.
To Us. To give us notice under these
Terms, you must contact us as follows: by personal delivery, overnight
courier, or registered or certified mail to The Dallas Convention &
Visitors Bureau, 1807 Ross Avenue, Suite 450, Dallas, TX 75201. We may
update the facsimile number or address for notices to us by posting a
notice on the Site. Notices provided by personal delivery will be
effective immediately. Notices provided by overnight courier will be
effective one business day after they are sent. Notices provided by
registered or certified mail will be effective three business days after
they are sent.
Severability. If any provision of these
Terms is invalid, illegal, void, or unenforceable, then that provision will
be deemed severed from these Terms and will not affect the validity or
enforceability of the remaining provisions of these Terms.
Entire Agreement. These Terms, our
Website Terms of Use, and our Privacy Policy will be deemed the final and
integrated agreement between you and us on the matters contained in these
Terms.
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