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Terms & Conditions

 

General

 

Dana-Co LLC (“Dana-Co”) has established these policies, terms, provisions and conditions (including, without limitation, our privacy policy) (collectively, “terms”) to govern your use of this site and all affiliated sites (collectively, this “site”).

 

The use of this site is governed by terms, provisions and conditions set forth herein and by entering this site you agree to be bound by all such terms, provisions and conditions.  Please read them carefully.  These terms may change from time to time.  You are responsible for reviewing and becoming familiar with these terms.

 

By entering this site, you acknowledge that (i) you have read and understand these terms and that you agree to be bound by these terms, provisions and conditions as same may be amended from time to time and (ii) the disclaimer, limitation of liability and indemnification provisions set forth in these terms, provisions and conditions are an agreed upon allocation of risk and form an essential part of our agreement to permit you to use this site, without which agreement Dana-Co would not enter into this agreement or permit you to use this site.   If you do not agree to be bound by the terms, provisions and conditions herein, you are directed to terminate to discontinue your use of this site immediately.

 

You may not modify, copy, reproduce, republish, upload, post, transmit, disseminate, reverse engineer, reverse assemble, sell or distribute in any way any material from this site, including, without limitation, code and software. 

 

Printing of any materials from this site is strictly limited to personal, non-commercial, use.  You shall have no rights in and/or to the proprietary software and related documentation or any enhancements or modifications thereto that permit you to access this site. 

 

 These terms are for the sole benefit of Dana-Co and its affiliates and its’ their respective members, managers, shareholders, directors, officers, employees and agents.  No third party (including any user of this site) shall have the right to assert a claim under these terms, provisions and conditions.  We reserve the right to suspend or terminate your access to this site at anytime for any reason.

 

You agree to be bound by and accept this agreement (and the terms, provisions and conditions set forth herein) as applicable to your use of this site.  These terms, provisions and conditions are subject to change without prior written notice at any time, in our sole and absolute discretion.  BY ACCESSING AND USING THIS SITE, YOU AGREE TO BE SUBJECT TO THESE TERMS, PROVISIONS AND CONDITIONS.  You affirm that you are of legal age to enter into this agreement or, if you are not, that you have obtained parental or guardian consent to do so.

 

Order Acceptance

 

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.  We reserve the right, at any time after receipt of your order but prior to shipment, to accept or decline your order for any or no reason. We reserve the right, at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may need to verify any information you provide to us before we accept or process any order.

 

Item availability and prices for all products sold on this site are subject to change without notice. Prices for products sold on this site may be different from the prices sold through retail location(s).  (Price changes will not be retroactively applied to any outstanding or completed orders).

 

We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service, to honor, dishonor and/or impose conditions upon the honoring of any coupon, coupon code, promotional code or promotions.  We similarly reserve the right to bar any user, for any reason, from making purchases or initiating transactions.

 

This site is restricted and not for use by children.  Only adults, who can purchase with a credit card or other permitted payment method, are permitted to use this site. If you are under 18, you may use this site only with involvement of a parent or guardian.  We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

 

Payment Methods

 

Payment for the products purchased on this site may be made by credit card.  Currently, we accept the following major credit cards: Visa®, MasterCard®, American Express® and Discover®.  We may from time to time modify our list of accepted credit cards.  You will be required to provide us with the exact billing address and telephone number that your credit card issuer has on file for you.  You may further be required to provide us with the security code on your credit card.  Incorrect information may cause a delay in processing your order.   You represent and warrant that you have the legal right to use any credit card(s) utilized in connection with any transaction.

 

 

Passwords and Security

 

 

To the extent you create an account for access to this site, you are solely responsible to maintain the confidentiality of your account and password information and for restricting access to your computer.  By use of this site, you agree to accept responsibility for all activities occurring under your account and password and to pay all charges incurred as a result of access.

 

Correction of Errors and Inaccuracies

 

The information on this site may contain typographical errors or inaccuracies and may not be complete or current.  Dana-Co reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.  In the event that a product is listed by Dana-Co at an inaccurate price due to typographical error or error in pricing information or for any other reason, Dana-Co shall have the right to (i) refuse or cancel any orders placed for the product listed at the incorrect price and/or (ii) refuse or cancel any such orders whether or not an order has been confirmed, in which event, Dana-Co shall offer a refund to you of previous amounts paid in respect of your purchase.  The display of products in this site shall not constitute an offer to sell.

 

Pictures are provided for illustration purposes only.  Please note that such errors, inaccuracies or omissions may relate to descriptions, pictures, pricing and availability. 

 

We have used our reasonable efforts to display as accurately as possible the colors of the materials shown on this site.  However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.  We apologize for any inconvenience this may cause you.

 

Shipping Charges; Taxes

 

You may be responsible for charges for shipping and handling.  Such charges are in addition to product cost.  In certain instances, Dana-Co is required by law to collect applicable taxes.  You remain responsible for the prompt and proper payment of all taxes applicable to the products shipped to you or your designee.  For international customers, additional tariffs may apply and international customers remain responsible for all such payment.

 

Title; Risk of Loss

 

Title to products shipped passes from Dana-Co to you on the date of shipment from us.

 

Governing Law; Severability

 

This site may not be appropriate for use in non-United States jurisdictions.  This site is operated and controlled from within the United States.

 

THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS.  YOU AGREE THAT VENUE IN ANY ACTION OR PROCEEDING COMMENCED PURSUANT TO THIS AGREEMENT SHALL LIE IN THE STATE, CITY AND COUNTY OF NEW YORK.

 

If any provision or portion thereof set forth in these terms, provisions and conditions is found to be unlawful, void or, for any other reason unenforceable, then such provision or portion thereof shall be deemed severable and shall not affect the validity and enforceability of any other provision.

 

To the extent permitted by applicable law, you agree, that, by using this site, regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of, in connection with, or relating to, your use of this site and/or these terms, provisions and conditions must be filed within one (1) year after the claim or cause of action accrued or such claim or cause of action shall forever be barred.

 

Indemnity

 

You shall indemnify, defend and hold harmless Dana-Co and its affiliates and their respective shareholders, directors, members, managers, officers, employees and agents from and against any and all liability, claims, costs and expenses (including without limitation reasonable legal fees and expenses), arising out of, resulting from, or in connection with, your use of this site and/or any third party sites and/or your use of the products obtained from Dana-Co.

 

Ownership & Trademarks

 

The names “Dana-Co”, “GO2BRAS” are owned by Dana-Co LLC. The marks, trademarks and servicemarks of said owner and its affiliates may not be used in connection with any third-party products or services or otherwise.  All other brands and names (including third-party product names) are the property of their respective owners and may be subject to copyright and/or trademark protection.

 

Copyrights; Use of Content

 

All of the content included on this site, including all the text, graphics, photographs, graphs, sounds, data, images, audio and video clips available on this web site ("Content"), is the property of Dana-Co or its content suppliers and protected by U.S. and international copyright laws.  All software used to operate this site is the property of Dana-Co and its partner software suppliers, and is protected by U.S. and international copyright laws. The compilation, collection, selection, arrangement, assembly, and coordination of all Content available on this site is the exclusive property of Dana-Co and protected by U.S. and international copyright laws. ©Copyright 2014 Dana-Co LLC. ALL RIGHTS RESERVED.

 

The Content of this site, and the site as a whole, are intended solely for personal, noncommercial use by the users of this site. All the Content available on this site may only be used by you for your personal and data-gathering resources. You may make copies of selected portions of the Content, provided that such copies are made only for your personal use and only if you maintain any proprietary notices contained in such Content.  Any other use, including but not limited to, the reproduction, modification, distribution, transmission, republication, display or performance of the Content for any other purposes is strictly prohibited.  This site shall not be used in contravention with the rules and regulations of the United States of American and the State of New York.

 

Copyrighted Material – Alleged Infringement

 

In accordance with Title 17 U.S.C. § 512, as amended by Title II of the Digital Millennium Copyright Act, Dana-Co has implemented procedures for the removal of material that is copyright protected and infringed upon.  If you believe that a copyright has been infringed upon, please provide Dana-Co with written, signed notification by certified mail to “Copyright Officer” at the address set forth for contacting this site below.  Your notification must include: (i) identification of the copyrighted material claimed to have been infringed upon; (ii) information as to the location of the alleged infringed upon material sufficient to enable Dana-Co to locate such material; (iii) information sufficient to enable Dana-Co to contact the owner of such copyrighted material; (iv) a statement that the use of the material is not authorized or permitted by the owner of such material; and (v) a statement that the information contained in the notification is certified as true under the penalties of perjury.  Notification that fails to comply with the foregoing will not constitute knowledge or awareness of infringement.  We suggest that you consult your legal counsel before filing a claim.

 

Special Relationships/Third Party Links

 

Links provided on this site to third party sites are provided solely as a convenience to you and the provision of a link to a third party site does not constitute an endorsement by Dana-Co of such third party site or its provider or any of the content, products or services contained or offered in such third party site.

 

Dana-Co makes no representation or warranty, express, implied or otherwise, concerning the accuracy, availability or lawfulness of any third party site. The links to each third party site are provided for reference and as citations and are not intended to state or imply that Dana-Co is affiliated or associated with, or legally authorized to use, any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol or material contained in the link.

 

Please note that when you click on a link to a third party site, you are 'clicking' to another web site.  We encourage you to read the privacy statement and policies of those linked sites as their terms and policies may differ from ours.  We are not responsible for the terms, policies or practices or the content of any third party site.

 

No Relationship

 

Except as specifically set forth in these terms, conditions and provisions, your use of this site and the content hereof and/or any third party site and the content thereof, and the provision of any information while using this site or any third party site (including, without limitation, e-mail services, if any) shall not create and/or constitute any business or other relationship between you and Dana-Co.

 

Filtering to Limit Access

 

You are notified, pursuant to 47 U.S.C. § 230(d) as amended that parental control protections are commercially available and may assist you in limiting access to materials deemed harmful to minors.  Information relating to same is available at www.kids.getnetwise.org and www.onguardonline.gov.

 

California Disclaimer

 

Pursuant to California Civil Code § 1789.3, California users are entitled to the following consumer rights notice:  If you have a question or complaint regarding this site, please contact us via email at customercare@GO2BRAS.com.  Email communications are not necessarily secure so please do not include credit card information or other sensitive information in any email to us.  You may also contact us by telephone at (212) 629-4400 or by writing to us at Customer Service, 102 Madison Avenue, New York, NY 10016.  California residents may also contact the Complaint Assistance Unit of the Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, California 95834 or by telephone at (916) 445-1254 or (800) 952-5210.

 

These Terms, provisions and conditions May Change/Violations

 

Dana-Co reserves the right to update or modify these terms, provisions and conditions at any time without prior notice. Your use of this site following any such change constitutes your agreement to follow and be bound by these terms, provisions and conditions as modified. For this reason, we encourage you to review these terms, provisions and conditions whenever you use this site.

 

This site is operated by Dana-Co LLC, 102 Madison Avenue, New York, NY 10016.

 

Dana-Co reserves the right to block your access to this site if Dana-Co determines that you have failed to comply with these terms, provisions and conditions.  This is in addition to all other remedies Dana-Co may have at law, in equity or otherwise.

 

Disclaimer

 

 

This site and its contents, and the links to the third party sites and their contents, are provided on a strictly “as-is” and “as-available” basis and without warranties or representations of any kind, express or implied.

 

To the maximum extent permitted by law, Dana-Co specifically disclaims all representations and warranties, express, implied or otherwise, including, without limitation, implied warranties of merchantability or fitness for a particular purpose and non-infringement, and implied warranties from course of dealing or performance and any warranties as to results that may be obtained through use of this site or the third party sites.  No information or advice obtained from Dana-Co, whether written or oral, shall create any warranty from Dana-Co.

 

Dana-Co does not warrant that the functions contained in the materials furnished on this site or any third party site will be uninterrupted, available or error-free, that defects or errors will be corrected or that this site will be available, free from viruses or other harmful components. 

 

Under all circumstances, including, without limitation, negligence and strict product liability, your use of this site and the third party sites is solely at your own risk.  Dana-Co shall not be responsible for any direct, indirect, consequential, special, punitive or other damages (whether liability is asserted in contract, tort or otherwise), costs or expenses, including, without limitation, lost profits, data, loss of good-will, loss of or damage to property or claims of third parties, arising out of, in connection with, or relating to your use of this site or any third party site and/or the products sold to you by Dana-Co or any third party whether on behalf of Dana-Co or otherwise.  In all events, the maximum liability of Dana-Co to you, if any, shall be the amount you paid to Dana-Co for the product(s) purchased via this site. Dana-Co shall not be responsible for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including, without limitation, intellectual property or similar rights.

 

It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including, without limitation, minimum age requirements) in regard to the possession, use and sale of any item purchased from this site.  By placing an order, you represent and warrant that all products ordered will be used only in a lawful manner.

 

Should you be dissatisfied with this site or the content hereof or a third party site and the content thereof, your sole and exclusive remedy is to discontinue use of this site or such third party site.  To the extent permitted by applicable law, the foregoing remedy shall apply even if Dana-Co knew or should have known of the possibility of damages to you by use of this site or a third party site.

 

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Manner of Conduct

 

You understand that except for the specific advertising programs offered by us on this site, this site is available for your personal, non-commercial and educational use only.  You may not mirror any materials contained on this site without prior written permission of Dana-Co.  You may not use any robot, spider or other automatic device or manual process to screen scape, monitor, mime or copy any of the web pages of this site or any content hereof.  You represent, warrant, covenant and agree that no materials of any kind submitted by you or otherwise posted, transmitted, or shared by you on this site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.  You shall not use or distribute pirated or unauthorized content, photographs, products or information.

 

 In addition, you agree not to use this site to

 

-harvest or collect email addresses or other contact information;
-use this site in any unlawful manner (including, without limitation, taking any action to upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law);
-use this site in any other manner that could damage, disable, overburden or impair this site;
-upload, post, transmit, share, store or otherwise make available any content that could be deemed harmful, threatening, unlawful, defamatory, libelous, hateful, racist, bigoted, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
-post material that you do not have the right to transmit under any applicable law or contractual relationship;
-post material that would infringe on the intellectual property of a third party, including, without limitation, any copyright, trademark or similar protected right of a third party;
-post materials that proliferate or permit the use of pornography related to minors;
-impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
-try to gain access to areas of this site that are private to Dana-Co or other users;
-violate any applicable foreign, federal, state or local law, regulation or rule;
-stalk or harass others;
-harm minors in any way, including, without limitation, establishing unlawful contact with minors;
-promote or provide instructions or otherwise engage in the proliferation of instructions about how to engage in illegal conduct or activities, any illegal act or physical harm or injury to others;
-upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and/or
-intimidate or harass another user of this site.

 

PRIVACY POLICY:

 

 

If you have questions or concerns regarding this statement, you should first contact Dana-Co via email at customercare@GO2BRAS.com or by mail directed to:

 

 

Customer care

 

Dana-Co LLC
102 Madison Avenue, New York, NY 10016

 

 

Information we may gather from you

 

 

When you visit www.GO2BRAS.com, we may collect information about your visit.  We may collect your IP address (or the address of your proxy), browser type, domain name, and we may log the length of time of your visit and the number of times you visit and purchase from us.  By using this site, you expressly permit us to collect and use the information we collect from you.

 

 

Generally, electronic information of this nature is used to gather non-specific demographic information about our visitors and generally such information is used to personalize the information you see displayed on this site.  To the extent provided, your IP Address may also be used to help identify your computer so that we can make your visit to our site more enjoyable.  Your IP address (or the address of your proxy) is not at all linked to any personal identifiable information.  

 

 

Depending on the nature of your visit to this site, we may collect your contact information (including, for example, your email address) and if you are making a purchase from us and/or a payment through this site, we will require you to provide us with billing and financial information (like your address, phone number and credit account or credit card number).  We may use third parties to verify and authorize credit card transactions made through this site.  The billing address and phone number you provide will generally only be used for verification purposes, while your email address may be used for multiple purposes, including, verification, log in and mailing lists.  

 

 

We may use your contact information to send you information about additional offers or services.  Additionally, depending on the nature of your visit, you may ask us to store information on certain listings posted on this site.   In such cases, we may share your personal and contact information with our team of agents and affiliates to better service you. 

 

 

We may use cookies to store information.  Cookies are small pieces of information that are stored by your browser on your computer's hard drive.  Cookies are text files that are commonly deposited by sites on a user’s hard drive.  The file identifies a user’s computer and can record a user’s preferences and certain other information.  Generally, cookies make it easier for you to interact with a site.  You may be able to prevent our collection of such data by setting your browser to reject cookies but blocking cookies may adversely affect your ability to interact with this site.  You may be able to find your own cookies files on your hard disk and see what information is being stored in such files and by which sites and may be able to delete information contained in such cookie files.  To find a cookie file, search for cookie.txt, cookies or MagicCookie.

 

 

Security

 

 

We use our reasonable efforts to protect the data we collect from you against unauthorized access.  We have very strict policies and procedures designed to protect your privacy and the integrity of your personal account information.  Breach of our policies may result in the dismissal of offending personnel.  When you place orders or access your account information, we offer the use of a secure socket layer (SSL).  The secure socket layer encrypts all information you input before it is sent to us.  (You may be able to discern whether your information is being transmitted via SSL by making certain that the Uniform Resource Locator (URL) is prefixed with “https” rather than “http” and that a padlock icon is displayed on the lower right corner of your browser (for transmissions via MS Internet Explorer)).  If you make a payment through this site, you may be directed to a third party site for payment processing or verification; the policies of such third party site may apply to the processing of your transaction.  We cannot be responsible for the policies of any third party sites. 

 

 

Correct/Update

 

 

During the transaction process, we will endeavor to permit you to review, change, or delete the information that you have submitted.  We encourage you to update your information whenever it changes.  You may ask to have the information in your account deleted, modified or removed by contacting us; however, because we keep track of past payments, information relating to past payments may not be deleted.

 

 

This site gives users the following options for changing and modifying information previously provided.

 

  1. Online at www.GO2BRAS.com
  2. You can send email to customercarer@GO2BRAS.com
  3. You can send mail to the following postal address:

 

Customer Service
Dana-Co LLC

 

102 Madison Avenue, New York, NY 10016

 

We welcome your questions and comments. Please send e-mails to customercare@GO2BRAS.com or call us at (212) 629-4400.

 

Privacy Changes

 

 

Whenever we change our privacy policy, we will endeavor to promptly post a notice on this site indicating that new information has been posted.  If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will endeavor to promptly notify you by way of email.  To the extent practicable, we will endeavor to offer you a choice as to whether or not we use information previously collected in a different manner.  We will endeavor to use information in accordance with the privacy policy under which the information was collected.

 

 

Required Disclosure of Information

 

 

Though we make every effort to preserve your privacy, we may be required to disclose personal information pursuant to applicable law.   We will make such disclosure when we believe that such disclosure or other action is necessary to comply with applicable law, legal process served on us or in connection with any investigation.  We also reserve the right to disclose personal information to protect our rights and property, including, without limitation, in connection with any investigation of fraud we believe to be necessary and to otherwise protect the users of this site and others.

 

 

Contacting Us

 

If you have any questions about the terms, provisions and conditions set forth herein, our practices, or your dealings with this site, please feel free to contact us at:

 

Dana-Co LLC

102 Madison Avenue, New York, NY 10016

(212) 629-4400  (Telephone)

(212) 629-4532 (Facsimile)

customercare@GO2BRAS.com