These Terms and Conditions (“Agreement”) govern your use of the DSM Foundry website (the “Website”) and the services provided by DSM Foundry (“we” or “us”). By accessing or using the Website, you agree to be bound by this Agreement. If you do not agree with these terms, please do not use the Website.
Intellectual Property
1.1 All content and materials available on the Website, including but not limited to text, graphics, images, logos, videos, and software, are the property of DSM Foundry or its licensors and are protected by applicable intellectual property laws. You may not use, reproduce, modify, distribute, or display any portion of the Website without our prior written consent.
Use of the Website
2.1 You may use the Website solely for lawful purposes and in accordance with this Agreement. You agree not to:
(a) Use the Website in any way that violates applicable laws or regulations;
(b) Interfere with or disrupt the functioning of the Website or any servers or networks connected to the Website;
(c) Attempt to gain unauthorized access to any portion of the Website or any other accounts, systems, or networks;
(d) Engage in any conduct that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website;
(e) Upload, post, or transmit any content that is harmful, offensive, defamatory, or infringing upon the rights of others;
(f) Use any automated means or processes to access, scrape, or index the Website or its content without our express written permission.
Product Information and Pricing
3.1 While we strive to provide accurate and up-to-date information on the Website, we do not warrant the accuracy, completeness, or reliability of any product descriptions, pricing, or other content. We reserve the right to correct any errors or inaccuracies and to change or update information at any time without prior notice.
Ordering and Payment
4.1 By placing an order through the Website, you agree to provide accurate, current, and complete information about yourself and your payment details. You represent and warrant that you have the legal right to use any payment method provided.
4.2 All orders placed through the Website are subject to acceptance by DSM Foundry. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraudulent activity.
4.3 Prices displayed on the Website are in the currency specified and do not include applicable taxes or shipping charges, which will be added to the total order amount.
Shipping and Delivery
5.1 We will make reasonable efforts to ensure timely delivery of products. However, we shall not be liable for any delays or failures in delivery caused by circumstances beyond our control.
5.2 Risk of loss and title for ordered products pass to you upon our delivery to the shipping carrier. You are responsible for filing any claims with the carrier for damaged or lost shipments.
Returns and Refunds
6.1 We strive to provide high-quality products, but if you are not satisfied with your purchase, please contact us within 30 days of receiving the order to initiate a return or exchange. Returned products must be unused, in their original condition, and accompanied by proof of purchase.
6.2 Refunds will be issued in the original form of payment within a reasonable time after the returned products are received and inspected. Shipping charges are non-refundable, and you are responsible for return shipping costs unless the return is due to our error.
Limitation of Liability
7.1 To the maximum extent permitted by applicable law, DSM Foundry and its directors, officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your use of the Website or the products purchased through the Website.
7.2 In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for the products or services in question.
Indemnification
8.1 You agree to defend, indemnify, and hold harmless DSM Foundry and its directors, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Website.
Privacy
9.1 We collect, store, and use your personal information in accordance with our Privacy Policy. By using the Website, you consent to the collection, storage, and use of your information as described in the Privacy Policy.
Termination
10.1 We may, in our sole discretion, suspend or terminate your access to the Website at any time and for any reason, without prior notice or liability.
Governing Law and Dispute Resolution
11.1 This Agreement shall be governed by and construed in accordance with the laws of Iowa, USA, without regard to its conflict of laws principles.
11.2 Any dispute arising out of or relating to this Agreement shall be resolved through arbitration in accordance with the rules of the American Arbitration Association. The seat of arbitration shall be Minneapolis, MN, and the language of the arbitration shall be English. The arbitrator’s decision shall be final and binding.
Miscellaneous
12.1 This Agreement constitutes the entire agreement between you and DSM Foundry regarding your use of the Website and supersedes any prior or contemporaneous understandings or agreements.
12.2 If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
12.3 Our failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Please review these Terms and Conditions carefully before using the DSM Foundry website. By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by this Agreement.