Terms & Conditions

 

Welcome to the DPI, Inc. web sites, which include but are not limited to ilive.net, iliveelectronics.com, GPX.com, weather-x.com, culinairbydpi.com, dpi-global.com, and dpiinc.com.

The Sites are provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of the Sites (the "Agreement").

Your use of these Sites constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use any of the Sites. If you do not agree to these terms, please do not use the Sites.

 

Payment, Pricing & Promotions


Payment

The terms of payment with respect to any purchase made on these websites include but are not limited to ilive.net, iliveelectronics.com, GPX.com, weather-x.com, culinairbydpi.com, and dpi-global.com, dpiinc.com, and zliveaudio.com are within Digital Products International (DPI) Inc.’s sole discretion.

Customer’s receipt of an electronic or other form of order confirmation does not signify DPI Inc. acceptance of Customer’s order, nor does it constitute confirmation of DPI Inc.’s offer to sell. Orders placed on these websites will not be binding upon DPI Inc. and all rights, titles and interests in and to any products ordered shall remain with DPI Inc., until such order is accepted by DPI Inc., such acceptance becoming effective when DPI Inc. puts the products ordered by Customer in the possession of, and makes appropriate arrangements with, the courier service or other carrier responsible for their transportation and delivery to the Customer. All rights, titles and interests in and to the products so ordered shall pass to the Customer upon delivery of such products to the courier service or other carrier as set forth herein. Unless otherwise agreed to by DPI Inc., payment must be received by DPI Inc. prior to DPI Inc.’s shipment of an order. Payment for the products will be made by credit card or any other pre-arranged method agreed to by DPI Inc. Credit card purchases will be subject to payment authorization and approval of the issuing financial institution of the credit card.

We reserve the right to refuse any order you place with us.

Currently, we accept Visa® and MasterCard®. A Sales and Discount promotional code may apply to your purchase.


Pricing and Promotions

All prices for products shown on these Sites including but are not limited to ilive.net, iliveelectronics.com, GPX.com, weather-x.com, culinairbydpi.com, and dpi-global.com, dpiinc.com, and zliveaudio.com are within Digital Products International (DPI) Inc.’s sole discretion and are in United States dollars. All prices for products do not include charges for shipping, handling and taxes. Customer will be charged for such additional charges separately. All charges will be displayed on the invoices. All sales and use taxes will be for the account of Customer.

Prices and availability of goods and services are subject to change without notice. DPI Inc. may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. Products offered for sale on this website may be limited or not available. DPI Inc. reserves the right to add, delete, discontinue or change any of the products offered for sale on the website at any time. Price and availability of product are, in the sole discretion of DPI Inc., subject to change without notice.

DPI Inc. reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with DPI Inc. Return Policy.


Sales Tax Policy

Because DPI Inc. does business throughout the United States and collects and remits sales tax as required by law, DPI Inc. also collects and remits sales tax as appropriate. DPI Inc. reserves the right not to sell to resellers.

 

Shipping & Delivery 

Currently we do not ship to international locations; therefore we will not accept orders for shipments outside of the United States.

We understand that getting your items quickly is important to you, so we make every effort to process your order quickly.

 

Shipping

All orders placed on these sites are subject to product availability and will be shipped according to DPI Inc.’s shipping policies.

In the rare event that your order never arrives, notification of lost items must be received within 30 days from receipt of the shipping confirmation e-mail.

 

Returns & Replacements 


General Return Policy

You may return most new, unopened items sold and fulfilled by DPI Inc. within 30 days of delivery for a full or partial refund as long as the product is returned in original condition with all accessories included. Missing accessories or abused items will be deducted from the credit. Shipping and handling charges will not be refunded. Customer is responsible for return of the unit insured and freight prepaid to DPI Inc., 2116 Carr St., St. Louis, MO 63106. The credit card used for the original purchase will be credited within the next monthly billing cycle. The 90 Day Limited Warranty included with the product applies from the original date of purchase. Parts and accessories are non-refundable. Items should be returned in their original product packaging.

We reserve the right to provide necessary parts, repair, exchange, replace, or upgrade a product, at our option, as opposed to providing a monetary refund.  If we, at our option, replace a product, the new product may not be of equal value. 

On various websites you may be able to contact us by logging into your account, choosing "Trouble Tickets" and submit a request for return RMA number on the order.

Items that are shipped via common carrier will be handled on a request basis, however any oversized item that does not ship via UPS will incurred a return shipping fee that will be billed prior to the return of the item. This will not be the case if the item is received in a damaged state and noted on the shippers bill. So make sure that you note all damages when you receive the item so that we are able to help you with your claim and return of the item to the vendor.

 

Ordering


Validating Your Order

After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order.

Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.

 

Order Acceptance/Confirmation 

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Site reserves the right at any time after receipt of your order to accept or decline your order for any reason.


Order Limitations

We reserve the right to reject any order you place with us, and/or or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e-mail address you gave us when you placed the order.

DPI Inc. may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. DPI Inc. also reserves the right to reject any order you place with us. These restrictions may include orders placed by the same Site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. DPI Inc. reserves the right to limit or prohibit sales to dealers.

 

Additional Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including, where applicable, representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

DPI Inc.’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on these sites should be construed to alter such agreements.

 

Other Documents

These terms and conditions may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to do so will null and void.


General

This Agreement and any transactions pursuant to this Agreement will be governed by and subject to the laws of the State of Missouri applicable to contracts entered into and performed within the State of Missouri without respect to its conflict of laws principles. The parties also agree that the exclusive forum for any claims or causes of action arising under this Agreement is the United States District Court for the District of St. Louis or any Missouri Court sitting in St. Louis County.

If any section or portion of this Agreement is found to be illegal or unenforceable, such illegality or unenforceability will not affect the remaining terms and conditions of this Agreement, which will continue in full force and effect.

 

Limited Warranty

The limited warranties applicable to the products will be included with the product shipped and received by customer. To obtain a copy of the warranties applicable to the product you are ordering please download our Limited 90 Day Warranty or our Limited One Year Warranty (applies typically to Televisions, Soundbars, and CulinairbyDpi products). DPI Inc. will not be obligated to honor any such warranties until receipt of payment in full for the item to be warranted. DPI Inc. expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose.

DPI Inc. reserves the right, in its sole discretion, to modify its warranty at anytime. We reserve the right to change the warranty period without prior notice and without incurring obligation and expressly disclaim all warranties not stated in this limited warranty.

All software that may be included with a product is subject to the license agreement that is part of the package. Customer agrees to be bound by the terms of the license agreement upon opening the package for the software. DPI Inc. does not warrant any software under this Agreement. Any warranties for the software will be found in the license agreement that governs its purchase and use.

 

Disclaimer and Limitation of Liability

This website and the materials contained herein are provided on an "as is, where is" basis. DPI Inc. makes no representations or warranties, either express or implied, of any kind with respect to this website or its contents.

Price and availability of products are subject to change without notice.

The sole and exclusive maximum liability to DPI Inc. arising from any product sold on this website will be the price of the product ordered by customer. in no event shall DPI Inc., its directors, officers, employees, representatives be liable for any special, direct, incidental, consequential, or punitive damages, including, but not limited to, loss of profit, business or opportunity, relating to any product sold hereunder or for any claim by any third party.

 

Indemnification

You agree to defend, indemnify and hold DPI Inc. harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Sites and/or your breach of any representation, warranty, or other provision of the Agreement.

 

Limitation of Liability 

Except where prohibited by law, in no event will DPI Inc. be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if DPI Inc. has been advised of the possibility of such damages.

 

Indemnity 

You agree to indemnify and hold, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against DPI Inc. by any third party due to or arising out of or in connection with your use of the Site.

 

Violation of These Terms of Use

DPI Inc. may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) DPI Inc.’s rights or property, or the rights or property of visitors to or users of the Site, including DPI Inc.’s customers. DPI Inc. reserves the right at all times to disclose any information that DPI Inc. deems necessary to comply with any applicable law, regulation, legal process or governmental request. DPI Inc. also may disclose your information when DPI Inc. determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that DPI Inc. may preserve any transmittal or communication by you with DPI Inc. through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or DPI Inc. determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others or (4) protect the rights, property or personal safety of DPI Inc., its employees, users of or visitors to the Site, and the public.

You agree that DPI Inc. may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to DPI Inc., for which monetary damages would be inadequate, and you consent to DPI Inc. obtaining any injunctive or equitable relief that DPI Inc. deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies DPI Inc. may have at law or in equity.

You agree that DPI Inc. may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site or (4) unexpected technical issues or problems.

If DPI Inc. does take any legal action against you as a result of your violation of these Terms of Use, DPI Inc. will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to DPI Inc.. You agree that DPI Inc. will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

 

Governing Law; Dispute Resolution 

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Missouri without regard to its conflicts of laws provisions. You agree to the exclusive jurisdiction and venue in the state and federal courts in Saint Louis County, Missouri and agree to and waive any objection to such personal jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between DPI Inc. and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

 

Void Where Prohibited

DPI Inc. administers and operates the Site from its location in Saint Louis, Missouri, USA; other DPI Inc. sites may be administered and operated from various locations inside and outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. DPI Inc. reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

 

Additional Terms and Disclaimers 


Privacy & Security 

Thank you for accessing the DPI, Inc. Web sites, which include but are not limited to ilive.net, iliveelectronics.com, GPX.com, weather-x.com, culinairbydpi.com, and dpi-global.com, dpiinc.com, and zliveaudio.com. We respect your privacy and want to protect your personal information.

This Privacy Policy explains how we collect, use and (under certain conditions) disclose your personal information. This Privacy Policy also explains the steps we have taken to secure your personal information. Finally, this Privacy Policy explains your options regarding the collection, use and disclosure of your personal information. By visiting our Site, you accept the practices described in this Policy.

 

This Privacy Policy explains how we collect, use and (under certain conditions) disclose your personal information. This Privacy Policy also explains the steps we have taken to secure your personal information. Finally, this Privacy Policy explains your options regarding the collection, use and disclosure of your personal information. By visiting our Site, you accept the practices described in this Policy.

 

This privacy policy applies only to these Sites. This privacy policy does not necessarily apply to our offline collection of your personal information. Please see below for details.

We are not responsible for the content or privacy practices on any web site not owned by DPI Inc. to which these sites links or that links to these sites.

 

Information Collection and Use

We collect information from you in several different ways on these Sites. One goal in collecting personal information from you is to provide an efficient, meaningful, and customized experience. For example, we can use your personal information to:

Help make these sites easier for you to use by not having to enter information more than once.

Help you quickly find information, products, and services.

Help us create content on these sites that is most relevant to you.

Alert you to new information, products, and services that we offer.

 

Registration and Ordering

Before using certain parts of these Sites or ordering products, you must complete an online registration form. During registration, you will be prompted to provide to us certain personal information, including but not limited to your name, shipping and billing address(es), phone number, email address, and credit card number. In addition, we may also ask you for your country of residence and/or your organization's country of operation, so we can comply with applicable laws and regulations, and for your gender. These kinds of personal information are used for billing purposes, to fulfill your orders, to communicate with you about your order and our site, and for internal marketing purposes. If we encounter a problem when processing your order, we use the personal information to contact you.

 

Email Addresses

Several locations of these Sites permit you to enter your email address for purposes including but not limited to: to register for a free giveaways; to request us to notify you when we receive new products, new product promotions, to sign up for our email newsletter and special offers. Your participation in a contest is completely voluntary, so you have a choice whether to participate and disclose information to us. We use this information to notify contest winners and to award prizes. We may post on our Sites the names and cities of contest winners.

 

Cookies and Other Technology

Like many sites, these Sites employs cookies and web beacons (also known as clear GIF technology or "action tags") to speed your navigation of the Site, recognize you and your access privileges, and track your Site usage.

Cookies are small pieces of information that are stored as text files by your Internet browser on your computer's hard drive. Most Internet browsers are initially set to accept cookies. You can set your browser to refuse cookies from web sites or to remove cookies from your hard drive, but if you do, you will not be able to access or use portions of these sites. We have to use cookies to enable you to select products, place them in an online shopping cart, and to purchase those products. If you do this, we keep a record of your browsing activity and purchase. THESE SITES'S COOKIES DO NOT AND CANNOT INFILTRATE A USER'S HARD DRIVE TO GATHER A USER'S CONFIDENTIAL INFORMATION. Our cookies are not "spyware."

Web beacons assist in delivering cookies and help us determine whether a web page on these sites has been viewed and, if so, how many times. For example, any electronic image on these sites, such as an ad banner, can function as a web beacon.

We may use third-party advertising companies to help us tailor site content to users or to serve ads on our behalf. These companies may employ cookies and web beacons to measure advertising effectiveness (such as which web pages are visited or what products are purchased and in what amount). Any information that these third parties collect via cookies and web beacons is not linked to any personal information collected by us.

As an example, Facebook collects certain information via cookies and web beacons to determine which web pages are visited or what products are purchased. Please note that any information collected by Facebook via cookies and web beacons is not linked to any customer's personal information collected by us.

 

Log Files

As is true of most web sites, the Site server automatically recognizes the Internet URL from which you access these sites. We may also log your Internet protocol ("IP") address, Internet service provider, and date/time stamp for system administration, order verification, internal marketing, and system troubleshooting purposes. (An IP address may indicate the location of your computer on the Internet.)

 

Age

We respect children's privacy. We do not knowingly or intentionally collect personal information from children under age 18. Elsewhere on these sites, you have represented and warranted that you are either 18 years of age or using the Site with the supervision of a parent or guardian. If you are under the age of 18, please do not submit any personal information to us, and rely on a parent or guardian to assist you.

 

Product Reviews

You may choose to submit a product review. If you post a review, we will ask for your email address and geographic location. If you submit a review, your geographic location will be visible to other users (your email address will be kept private). Also, any personally identifiable information that you submit as part of the review can be read or used by other visitors to the Site. We are not responsible for any personally identifiable information that you choose to submit as part of your review. We believe you can post a helpful review without disclosing any personal information.

 

Bizrate Reviews

Bizrate.com is an independent company that permits shoppers to rate their experiences in visiting and shopping at online stores such as ours. After placing an order at DPI Inc.’s sites, you may receive the opportunity to provide feedback on your experience. This choice is optional and will not affect your order or service from us, whether or not you choose to provide feedback. Your feedback is collected by Bizrate.com, not DPI Inc., and is governed by their privacy policy, available at http://shop.bizrate.com/content/privacy.html

 

Information Use and Disclosure

 

Internal Use

We use your personal information to process your order and provide you with customer service. We may internally use your personal information to improve our site's content and layout, to improve our outreach and for our own marketing efforts (including marketing our services and products to you), and to determine general marketplace information about visitors to these sites.

 

Communications with You

We will use your personal information to communicate with you about our site and your orders and deliveries. Also, we may send you a confirmation email when you register with us. We may send you a service-related announcement on the rare occasions when it is necessary (for example, if we must temporarily suspend our service for maintenance.) Also, you may submit your email address for reasons such as to register for a promotion or giveaway; to request us to notify you when we receive new products, new sale items, or products relating to your previous purchases; to sign up for our email newsletter and special offers. If you submit your email address, we use it to deliver the information to you. We always permit you to unsubscribe or opt out of future emails (see the opt out section, below, for more details). Because we have to communicate with you about orders that you choose to place, you cannot opt out of receiving emails related to your orders.

 

External Use

We want to provide you with excellent service and to offer you a great selection - we primarily sell merchandise, not information. We do not sell, rent, trade, license or otherwise disclose your specific personal information or financial information to anyone, except that:

As do most catalog and Internet retailers, we sometimes use others to perform specific functions on our behalf. When we disclose information to these service providers, we disclose information to help them to perform their service. For example, in order to deliver products to you, we must share some information. We partner with third parties (such as the U.S. Postal Service, United Parcel Service, and Federal Express) to ship products, to ensure delivery, and so that we can obtain feedback, improve the quality of our service, and measure and improve the quality of the service of the third party. In the example of shippers, we provide them some personally identifiable information such as your name, shipping address, email, and phone number.

Similarly, to help you buy products and provide customer service to you, we must provide your credit card number to financial-services corporations such as credit-card processors and issuers. When we submit your credit card number for authorization, we use state-of-the-art data encryption to protect your information. (More on this below in Data Security.)

We may be required to disclose such information in response to requests from law-enforcement officials conducting investigations; subpoenas; a court order; or if we are otherwise required to disclose such information by law. We also will release personal information where disclosure is necessary to protect our legal rights, enforce our Terms of Use or other agreements, or to protect ourselves or others. For example, we may share information to reduce the risk of fraud or if someone uses or attempts to use our Site for illegal reasons or to commit fraud.

We will not sell (or trade or rent) personally identifiable information to other companies as part of our regular course of business. However, it's possible that we might acquire or merge with or be acquired by another company or that we might dispose of some or all of our assets. If that happens, your personal information may be disclosed to another company, but that disclosure will be subject to the Privacy Policy in effect.

We may share non-personal information (such as the number of daily visitors to a particular web page, or the size of an order placed on a certain date) with third parties such as advertising partners. This information does not directly personally identify you or any user.

(vii) We publicly disclose the name, city, and state of contest winners, however we contact you for approval prior.

 

Data Security 

These sites incorporates physical, electronic, and administrative procedures to safeguard the confidentiality of your personal information, including Secure Sockets Layer ("SSL") for all financial transactions through these sites. We use SSL encryption to protect your personal information online, and we also take several steps to protect your personal information in our facilities. Access to your personal information is restricted. Only employees who need access to your personal information to perform a specific job are granted access to your personal information. Finally, we rely on third-party service providers for the physical security of some of our computer hardware. We believe that their security procedures are adequate. For example, when you visit our Site, you access servers that are kept in a secure physical environment, behind a locked cage and an electronic firewall. While we use industry-standard precautions to safeguard your personal information, we cannot guarantee complete security. 100% complete security does not presently exist anywhere online or offline.

 

Update to this Policy

If we change or update this Privacy Policy, we will post changes and updates on these sites so that you will always be aware of what information we collect, use and disclose. We encourage you to review this Privacy Policy from time to time so you will know if the Privacy Policy has been changed or updated.

 

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and DPI Inc. with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and DPI Inc. with respect to such use are hereby superseded and cancelled. DPI Inc. will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. DPI Inc. failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by DPI Inc. of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between DPI Inc. and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

 

Trademark Information

Throughout the site trademarks are indicated by either a TM or ®. All such trademarked items are TM or ® of DPI Inc. or their respective owners. Use of any trademark for commercial purposes without the prior written consent may constitute trademark infringement and unfair competition in violation of federal and state laws.

 

Disclaimers

DPI, INC. DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THESE SITES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE DPI, INC. WEB SITES, IS DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DPI, INC. MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THESE SITES OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITES, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITES OR ANY LINKED SITES. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. DPI, INC. CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. DPI, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DPI, INC.DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DPI, INC. SHALL NOT BE LIABLE FOR THE USE OF THE SITES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. DPI, INC. DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THESE SITES AND/OR ANY DPI, INC. SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THESE SITES AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST DPI, INC.FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

DPI, Inc. reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.