Terms & Condition


TERMS OF USE

Introduction/ Disclaimer

 

Welcome to dochi.com (interchangeably, “our website”)!  We thank you for visiting our website and for taking the time to visit these pages along the bottom.

 

dochi.com  is owned and operated by dochi, llc, and its parent company.

 

By visiting our website and using any of its features to simply peruse or to purchase any of our products, you are agreeing that you accept all the terms and conditions herein and also to that you are subject to certain guidelines and agreements. 

 

If you do not agree to these terms, conditions and guidelines, as much as we hate to say it, you should not visit our website... but we would like you to… so agree, ok?  Please?

 

 All the information on our website is published in good faith and for general information purpose only. We do not make any warranties about the completeness, reliability and accuracy of this information. Any action you take upon the information on our website is strictly at your own risk. 

 

Although any links we may provide for you to visit on our website have been reviewed and deemed safe, we are not liable for any risk you may be taking by visiting them.  Those websites will probably have their own set of guidelines, terms of use, privacy policy, and you should visit those as well.

 

Our website may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing our website, purchasing products, providing information to our website, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to our website.  Dochi specifically prohibits any use of our website, and requires all users to agree not to use our website, for any of the following:

 

    - Posting any information which is incomplete, false, inaccurate or not your own

    - Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol

    - Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it

    - Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner

    - Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another

    - Communicating, transmitting, or transferring (by any means) information or software derived from our website to foreign countries or certain foreign nations in violation of US export control laws

    - Attempting to interfere in any way with our website or dochi's networks or network security, or attempting to use our website's service to gain unauthorized access to any other computer system.

 

 

Our Rights to Change/ Delete Terms + Conditions

 

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to dochi.com.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

 

Copyright of Material and Content and Patents

 

All content included on our website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of dochi.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Dochi.com and protected by U.S. and international copyright laws. All software used on this site is the property of Dochi.com or its software suppliers and protected by United States and international copyright laws.

 

Any and all of the patents owned by dochi apply to our website and to the features and services accessible via our website. Portions of this site operate under license of one or more patents.  Please contact us for a list of these patents and trademarks.

 

All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on our website, and the selection, coordination, and arrangement of such content, are owned by Dochi.com or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of our website for any purposes. Nothing stated or implied on our website confers on you any license or right under any copyright of Dochi.com or any third party.

 

Our website and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of this Site, or use the contents of this Site in litigation, or for any commercial or promotional purposes, without the express written consent of Dochi.com or its lawful successors and assigns. For usage permission, Contact Us.

 

 

Limited User License and Site Access

 

Dochi 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 express written consent of dochi.com. 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; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Dochi.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of dochi.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing dochi.com's name or trademarks without the express written consent of dochi.com.   Any unauthorized use terminates the permission or license granted by dochi. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of dochi.com.com so long as the link does not portray dochi.com, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any dochi logo or other proprietary graphic or trademark as part of the link without express written permission.

 

 

Warranty of Material and Content – Pricing, Color, Description, Etc.

 

We attempt to be as accurate as possible describing the color, sizing, and the product itself on our website.  However, we cannot warrant that any of those above and other content, including price,  of our website is 100% accurate, complete, reliable, current or error-free.   

 

Although dochi has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products will depend upon the monitor of the user, and dochi cannot guarantee that the user's monitor will accurately portray the actual colors of the products.  Products displayed may be out-of-stock or discontinued, and prices are subject to change.   Dochi is not responsible for typographical errors regarding price or any other matter.

 

 

Risk of Loss in Shipment

 

We will only ship your purchased items through a trust-worthy carrier, and each carrier will have its own set of policies regarding lost shipment.  And as such, the risk of loss for such items passes to you upon our delivery to the carrier.

 

All products purchased from our website are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Dochi.com. Title to products purchased on our website, as well as the risk of loss for such products, passes to you when Dochi.com delivers these items to the carrier.

 

 

Indemnification

 

You agree to defend, indemnify, and hold harmless Dochi.com and its affiliates, successors and assigns, and its and their directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney's fees and other legal expenses, and judgments of any kind of nature, incurred by Dochi.com arising out of or relating to your use of our website, your violation of this Agreement, or your violation of any rights of another.

 

 

Security Rules

 

By using this Site, you agree not to violate or attempt to violate the security of our website, including, without limitation, actions such as:

 

Accessing data not intended for you or logging into a server or account that you are not authorized to access;

Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," "spamming," "mailbombing," or "crashing" our website;

Sending unsolicited email, including promotions and/or advertising of products or services, and

Forging any TCP/IP packet header or any part of the header information in any email or posting.

 

 

Your Account

 

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Dochi.com does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Dochi.com.com only with involvement of a parent or guardian. Dochi.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

 

 

International Use

 

We control and operate our website from the United States, and all information is processed within the United States. We do not represent that materials on our website are appropriate or available for use in other locations. Please contact us for more information regarding international orders and shipping. You agree to comply with all applicable laws, rules and regulations in connection with your use of our website. It is possible that some software that may be downloaded from our website is subject to government export control or other restrictions. By visiting and using our Site, you acknowledge these restrictions and agree that either you are not subject to them or you will comply with all applicable laws regarding the transmission of technical data exported from the United States.

 

- disputes

Any dispute relating in any way to your visit to dochi.com or to products or services sold or distributed by dochi, llc,  or through dochi.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Delaware, and you consent to exclusive jurisdiction and venue in such courts.

 

DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY

THIS SITEIS PROVIDED BY DOCHI.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOCHI.COM MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH OUR WEBSITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT OUR WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON OUR WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOCHI.COM DISCLAIMS ALL WARRANTIES, EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

IN NO EVENT WILL DOCHI.COM, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTIAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THIS SITE OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO DOCHI.COM THROUGH OUR WEBSITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DICLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

Applicable Law and Disputes

This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

 

Any dispute relating in any way to your visit to Dochi.com or to products you purchase through Dochi.com shall be submitted to confidential arbitration in Ventura, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate Dochi.com's intellectual property rights, Dochi.com may seek injunctive or other appropriate relief in any state or federal court in the State of California, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties specifically incorporate the terms of California Code of Civil Procedure section 1283.05 with respect to discovery. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.


 

Copyright Infringement + Procedure for Filing a Claim

Notice of Copyright Infringement

 

Dochi respects the intellectual property of others. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please provide Dochi.com's Copyright Agent with the following information:

 

Identification of the copyrighted work claimed to have been infringed;

Identification of the allegedly infringing material on our website that is requested to be removed;

Your name, address, and daytime telephone number, and an email address if available, so that Dochi.com may contact you if necessary;

A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;

A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed, and

An electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.

 

Dochi.com's Copyright Agent for notice of claims of copyright infringement on our website is Dochi.com's General Counsel: