(Updated November 13, 2007)
Conditions of Use
Terms and Conditions of Use Agreement
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS SITE.
D-Vers.Com Online Gallery is operated, owned, and maintained by Mountainside Diversified Partnership. We provide this web site as a service to our clients,
and by using our site you are agreeing to comply with and be bound by the
following terms of use. Please review the following terms and conditions
carefully, and check them periodically for changes. If you do not agree to the
terms and conditions, you should not review information or obtain goods,
services or products from this site.
PLEASE NOTE: YOU MUST PROVIDE YOUR REAL NAME, AS WELL AS MAILING ADDRESS, IN ORDER TO MAKE PURCHASES ON OUR SITE.
- Acceptance of
Agreement. You agree to the terms and conditions outlined in this
Terms and Conditions of use Agreement ("Agreement") with respect
to our site (the "Site"). This Agreement constitutes the entire
and only agreement between us and you, and supersedes all prior or
contemporaneous agreements, representations, warranties and understandings
with respect to the Site, the content, products or services provided by or
through the Site, and the subject matter of this Agreement. This Agreement
may be amended by us at any time and from time to time without specific
notice to you. The latest Agreement will be posted on the Site, and you should
review this Agreement prior to using the Site.
- Copyright.
The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the Site are
protected under applicable copyrights, trademarks, registered trademarks
and other proprietary (including but not limited to intellectual property)
rights. The copying, redistribution, use or publication by you of any such
matters or any part of the Site, except as allowed by Section 4, is
strictly prohibited. You do not acquire ownership rights to any content,
document or other materials viewed through the Site. The posting of
information or materials on the Site does not constitute a waiver of any
right in such information and materials. ALL TEXT AND IMAGES ARE COPYRIGHT PROTECTED AND ARE ON FILE WITH THE US LIBRARY OF CONGRESS.
- Fraud. By
becoming a Site member, you confirm that the information provided in this form
is true and that you agree to abide by the Terms and Conditions of use of
this site. Please note that your membership can be cancelled without
notice if it is determined that false or misleading information has been
provided, the Terms and Conditions of use have been violated, or other
abuses have occurred as determined by "D-Vers.Com Online Gallery" in
its sole discretion. If membership has been revoked, "D-Vers.Com Online Gallery" reserves the right to refuse application or readmission to
the membership program.
- Hacking, 'Leaching'.Our site employs Turing tests, as well as other methods, to identify
users seeking to hack or otherwise exploit the program(s) in use. Additionally, active subroutines check for mass copying of Site material, as well as automated site scanning and retrieval. (Search engines are welcome and are distinguished automatically!)
- Credit Card Security. All users additionally are informed that other Third Party security modules and solutions may be employed to prevent Credit Card fraud, as well as other forms of electronic fraud. We reserve the right to keep all further details regarding protection of data as proprietary information.
- Legal Response. We will prosecute any person, persons, or group suspected of attempting to perpetrate fraud, if we have evidence that legal violations have occured.
- Limited Right to Use.
The viewing, printing or downloading of any content, graphic, form or
document from the Site grants you only a limited, nonexclusive license for
use solely by you for your own personal use and not for republication,
distribution, assignment, sublicense, sale, preparation of derivative
works or other use. No part of any content, form or document may be
reproduced in any form or incorporated into any information retrieval
system, electronic or mechanical, other than for your personal use (but
not for resale or redistribution).
- Editing, Deleting and
Modification. We reserve the right in our sole discretion to edit
or delete any documents, information or other content appearing on the
Site, including this Agreement, without further notice to users of the
Site.
- Indemnification.
You agree to indemnify, defend and hold us and our partners, attorneys,
staff and affiliates (collectively, "Affiliated Parties") harmless
from any liability, loss, claim and expense, including reasonable
attorney's fees, related to your violation of this Agreement or use of the
Site.
- Nontransferable.
Your right to use the Site is not transferable. Any password or right
given to you to obtain information or documents is not transferable and
may only be used by you.
- Disclaimer.
THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS,"
"AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE
DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE
INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER
FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A
LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS
OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON
BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE NEGATION OF DAMAGES SET FORTH
ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US.
THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION
OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
- Limits. All
responsibility or liability for any damages caused by viruses contained
within the electronic file containing the form or document is disclaimed.
WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR
SITE. Our maximum liability to you under all circumstances will be equal
to the purchase price you pay for any goods, services or information.
- Use of Information.
We reserve the right, and you authorize us, to the use and assignment of
all information regarding Site uses by you and all information provided by
you in any manner consistent with our Privacy Policy.
- Third-Party Services.
We allow access to or advertise third-party merchant sites
("Merchants") from which you may purchase or otherwise obtain
certain goods or services. You understand that we do not operate or
control the products or services offered by Merchants. Merchants are
responsible for all aspects of order processing, fulfillment, billing and
customer service. We are not a party to the transactions entered into
between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR
SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED
OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE,
MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE
FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR
FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED
TO OUR SITE.
- Third-Party Merchant
Policies. All rules, policies (including privacy policies) and
operating procedures of Merchants will apply to you while on such sites.
We are not responsible for information provided by you to Merchants. We
and the Merchants are independent contractors and neither party has
authority to make any representations or commitments on behalf of the
other.
- Privacy Policy.
Our Privacy Policy ß "Make "Privacy Policy a
hyperlink to your privacy policy page", as it may change from time
to time, is a part of this Agreement.
- Payments.
You represent and warrant that if you are purchasing something from us or
from our Merchants that (i) any credit card information you supply is
true, correct and complete, (i) charges incurred by you will be honored by
your credit card company, and (iii) you will pay the charges incurred by
you at the posted prices, including any shipping fees and applicable
taxes.
- Securities Laws.
This Site may include statements concerning our operations, prospects,
strategies, financial condition, future economic performance and demand
for our products or services, as well as our intentions, plans and
objectives, that are forward-looking statements. These statements are
based upon a number of assumptions and estimates which are subject to
significant uncertainties, many of which are beyond our control. When used
on our Site, words like "anticipates," "expects,"
"believes," "estimates," "seeks," "plans,"
"intends" and similar expressions are intended to identify
forward-looking statements designed to fall within securities law safe
harbors for forward-looking statements. The Site and the information
contained herein does not constitute an offer or a solicitation of an
offer for sale of any securities. None of the information contained herein
is intended to be, and shall not be deemed to be, incorporated into any of
our securities-related filings or documents.
- Links to Other Web
Sites. The Site contains links to other Web sites. We are not
responsible for the content, accuracy or opinions express in such Web
sites, and such Web sites are not investigated, monitored or checked for
accuracy or completeness by us. Inclusion of any linked Web site on our
Site does not imply approval or endorsement of the linked Web site by us.
If you decide to leave our Site and access these third-party sites, you do
so at your own risk.
- Submissions.
All suggestions, ideas, notes, concepts and other information you may from
time to time send to us (collectively, "Submissions") shall be
deemed and shall remain our sole property and shall not be subject to any
obligation of confidence on our part. Without limiting the foregoing, we
shall be deemed to own all known and hereafter existing rights of every
kind and nature regarding the Submissions and shall be entitled to
unrestricted use of the Submissions for any purpose, without compensation
to the provider of the Submissions.
- Return Policy.
Due to the nature of our online Site, and the products listed, we at "Mountainside Diversified" have a strict NO RETURN policy for any
product. No product shall be able to be returned for a like item, or for a
cash refund.
- Exceptions. If a purchased product does not match the product description or photo, we will allow you a return for a full refund, including shipping, in cash or store credit. Returns are evaluated on a case-by-case basis. If, after review, Site staff decides that there is sufficient proof of buyer's claim is lacking, a return may be denied.
- Venue; Applicable Law.
YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY
OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS
OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT
OF "Richmond County", "New York" OR THE UNITED
STATES DISTRICT COURT FOR THE DISTRICT OF "Eastern District Federal Court" . YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN
ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH
COURTS, AND ARE WAIVING ANY CLAIM THAT "New York City" , "New York State" OR THE BOROUGH OF
"Staten Island" IS AN
INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site
is created and controlled by "Mountainside Diversified", a
wholey owned subsidary of "Mountainside Diversified Partners" in the State of "New York", USA.
As such, the laws of "New York" will govern the terms and conditions contained in this
Agreement and elsewhere throughout the Site, without giving effect to any
principles of conflicts of laws.
- Lapsed Accounts:
In order to keep "Mountainside Diversified" membership roster current, if a Member
does not access his or her account for a period of five hundred years or more, "D-Vers.Com Online Gallery" may,
in its sole discretion, terminate such Member's account. "D-Vers.Com Online Gallery" will endeavor to notify a Member of "D-Vers.Com Online Gallery" intent to terminate such Member's account
by notice to such Member's provided email address at least "120" days prior to deactivation. If the Member
fails to respond to such email notice with "120" days after the
day it is sent by "D-Vers.Com Online Gallery",
such Member's account will be terminated as noted above. Therefore, "D-Vers.Com Online Gallery" strongly recommends that all Members keep
their accounts and contact data current and in use. While "Mountainside Diversified" desires to prevent active accounts from
being terminated prematurely, "D-Vers.Com Online Gallery" has
no obligation to maintain accounts that appear to "D-Vers.Com Online Gallery" to have been abandoned. Each Member agrees that failure to
access his or her account for "120"
days or more conclusively indicates that such Member's account has been
abandoned and that the account may therefore be terminated.
- Verify Members'
Address: "D-Vers.Com Online Gallery" reserves the right to contact a Member via
email to verify the accuracy of account information (including the
Member's correct name and address) that is needed to provide the Member
with the information he or she requested from "D-Vers.Com Online Gallery".
Voice Verification: ALL orders will be voice verified by telephone by "D-Vers.Com Online Gallery. " First time buyers may also be
asked to e-mail or fax a copy of a valid State Driver's License, for orders placed in certain regions, or for certain items.
(Updated November 13, 2007)
Conditions of Use
Conditions of Use
Terms and Conditions of Use Agreement
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS SITE.
D-Vers.Com Online Gallery is operated, owned, and maintained by Mountainside Diversified Partnership. We provide this web site as a service to our clients, and by using our site you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from this site.
D-Vers.Com Online Gallery is operated, owned, and maintained by Mountainside Diversified Partnership. We provide this web site as a service to our clients, and by using our site you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from this site.
PLEASE NOTE: YOU MUST PROVIDE YOUR REAL NAME, AS WELL AS MAILING ADDRESS, IN ORDER TO MAKE PURCHASES ON OUR SITE.
- Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
- Copyright.
The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the Site are
protected under applicable copyrights, trademarks, registered trademarks
and other proprietary (including but not limited to intellectual property)
rights. The copying, redistribution, use or publication by you of any such
matters or any part of the Site, except as allowed by Section 4, is
strictly prohibited. You do not acquire ownership rights to any content,
document or other materials viewed through the Site. The posting of
information or materials on the Site does not constitute a waiver of any
right in such information and materials. ALL TEXT AND IMAGES ARE COPYRIGHT PROTECTED AND ARE ON FILE WITH THE US LIBRARY OF CONGRESS.
- Fraud. By becoming a Site member, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your membership can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by "D-Vers.Com Online Gallery" in its sole discretion. If membership has been revoked, "D-Vers.Com Online Gallery" reserves the right to refuse application or readmission to the membership program.
- Hacking, 'Leaching'.Our site employs Turing tests, as well as other methods, to identify users seeking to hack or otherwise exploit the program(s) in use. Additionally, active subroutines check for mass copying of Site material, as well as automated site scanning and retrieval. (Search engines are welcome and are distinguished automatically!)
- Credit Card Security. All users additionally are informed that other Third Party security modules and solutions may be employed to prevent Credit Card fraud, as well as other forms of electronic fraud. We reserve the right to keep all further details regarding protection of data as proprietary information.
- Legal Response. We will prosecute any person, persons, or group suspected of attempting to perpetrate fraud, if we have evidence that legal violations have occured.
- Limited Right to Use.
The viewing, printing or downloading of any content, graphic, form or
document from the Site grants you only a limited, nonexclusive license for
use solely by you for your own personal use and not for republication,
distribution, assignment, sublicense, sale, preparation of derivative
works or other use. No part of any content, form or document may be
reproduced in any form or incorporated into any information retrieval
system, electronic or mechanical, other than for your personal use (but
not for resale or redistribution).
- Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
- Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
- Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
- Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
- Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
- Use of Information. We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
- Third-Party Services. We allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
- Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
- Privacy Policy. Our Privacy Policy ß "Make "Privacy Policy a hyperlink to your privacy policy page", as it may change from time to time, is a part of this Agreement.
- Payments. You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
- Securities Laws. This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
- Links to Other Web Sites. The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
- Submissions. All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
- Return Policy. Due to the nature of our online Site, and the products listed, we at "Mountainside Diversified" have a strict NO RETURN policy for any product. No product shall be able to be returned for a like item, or for a cash refund.
- Exceptions. If a purchased product does not match the product description or photo, we will allow you a return for a full refund, including shipping, in cash or store credit. Returns are evaluated on a case-by-case basis. If, after review, Site staff decides that there is sufficient proof of buyer's claim is lacking, a return may be denied.
- Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF "Richmond County", "New York" OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF "Eastern District Federal Court" . YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT "New York City" , "New York State" OR THE BOROUGH OF "Staten Island" IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled by "Mountainside Diversified", a wholey owned subsidary of "Mountainside Diversified Partners" in the State of "New York", USA. As such, the laws of "New York" will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
- Lapsed Accounts:
In order to keep "Mountainside Diversified" membership roster current, if a Member
does not access his or her account for a period of five hundred years or more, "D-Vers.Com Online Gallery" may,
in its sole discretion, terminate such Member's account. "D-Vers.Com Online Gallery" will endeavor to notify a Member of "D-Vers.Com Online Gallery" intent to terminate such Member's account
by notice to such Member's provided email address at least "120" days prior to deactivation. If the Member
fails to respond to such email notice with "120" days after the
day it is sent by "D-Vers.Com Online Gallery",
such Member's account will be terminated as noted above. Therefore, "D-Vers.Com Online Gallery" strongly recommends that all Members keep
their accounts and contact data current and in use. While "Mountainside Diversified" desires to prevent active accounts from
being terminated prematurely, "D-Vers.Com Online Gallery" has
no obligation to maintain accounts that appear to "D-Vers.Com Online Gallery" to have been abandoned. Each Member agrees that failure to
access his or her account for "120"
days or more conclusively indicates that such Member's account has been
abandoned and that the account may therefore be terminated.
- Verify Members' Address: "D-Vers.Com Online Gallery" reserves the right to contact a Member via email to verify the accuracy of account information (including the Member's correct name and address) that is needed to provide the Member with the information he or she requested from "D-Vers.Com Online Gallery".