PLEASE READ CAREFULLY THE FOLLOWING TERMS & CONDITIONS OF USE OF DUNN & OVERWITH LLC
As a member (a "Member") of Dunn & Overwith LLC ("Dunn & Overwith"), you agree to abide by the following Terms & Conditions.
i. All membership information you provide to Dunn & Overwith is subject to verification.
ii. You are obliged to provide correct details when you apply for Dunn & Overwith membership and your failure to do so may invalidate your membership and any subsequent transaction. Your responsibility to provide accurate information is a continuing obligation and you must notify Dunn & Overwith in the event that any information provided by you changes.
iii. Should a Member desire to employ a Dunn & Overwith assistant directly, Member shall contact Dunn & Overwith immediately. Member hereby agrees to work with Dunn & Overwith in good faith to determine a fair fee to be paid promptly to Dunn & Overwith for providing, in such instance, temp-to-hire/recruiting services.
i. Current monthly membership fees, if applicable, are shown on each club membership page. Dunn & Overwith will notify you by e-mail of any increase in your membership fee. Such increases will also be indicated on the club membership pages of the Dunn & Overwith website.
ii. Your monthly membership fee is non-refundable. However, Dunn & Overwith may, in its sole and absolute discretion, elect to refund your monthly membership fee in whole or in part depending on the circumstances relating to the cancellation of your membership.
iii. Dunn & Overwith reserves the right to cancel or suspend your membership, in its sole and absolute discretion, for any reason whatsoever.
iv. Membership fees are due upon acceptance of your club membership and on the first of the month thereafter ("Renewal Date"). Membership fees are payable monthly by credit/debit or charge card of which Dunn & Overwith holds the details ("Payment Card").
v. Fees for services rendered are due as set forth on the Dunn & Overwith website.
vi. You authorize Dunn & Overwith to deduct renewal membership fees on any Payment Card up to three days prior to or on your Renewal Date and to deduct payment for Services (as defined below) at the time(s) set forth on the Dunn & Overwith website.
i. As a Member of Dunn & Overwith, you are entitled to the Services for the club in which you enrolled.
ii. While Dunn & Overwith has business hours set forth on its website, Dunn & Overwith aims to ensure that its Services remain available at all times through its emergency and late night services. If any of the Services become unavailable, Dunn & Overwith will do all it can to ensure that prior commitments are honored to the fullest extent possible, but shall not be responsible for any actions of third party suppliers of goods or services outside Dunn & Overwith's actual control ("Suppliers").
iii. You may only make requests by telephone, fax or e-mail once you are Member.
iv. Dunn & Overwith will provide both the services described on its website and any other lawful and appropriate services (including, without limitation, provision of information, access to events, activities and venues and personal goods and services) (the "Services").
v. Dunn & Overwith reserves the right to withdraw any Services and/or to refuse to supply the Services requested.
vi. If Dunn & Overwith is unable to deal with any request, it will inform you as soon as reasonably practicable.
vii. In certain instances, Suppliers will be responsible for providing you with the Services you select. Dunn & Overwith will communicate with Suppliers on your behalf, unless it is more appropriate for you to contact the Supplier directly.
viii. Suppliers may impose their own terms and conditions and you are required to comply with these.
ix. When ordering a product or service from a Supplier, you may be required to provide your Payment Card details. If you request and authorize Dunn & Overwith to use your Payment Card in order to pay a Supplier for products or services, you acknowledge and agree that Dunn & Overwith shall have no liability in respect of or be responsible in any way whatsoever in respect of the use of your Payment Card, provided that Dunn & Overwith acts in accordance with the instructions issued by you in relation thereto.
x. You undertake that all details you provide to Dunn & Overwith for the purpose of booking, ordering or purchasing products or services from a Supplier are correct, that the Payment Card you are using is your own and that there are sufficient funds to cover the cost of the product or the service.
xi. Dunn & Overwith may at your direction purchase goods or services from Suppliers on your behalf. In the event that it acts as a credit agent in this regard, you hereby authorize Dunn & Overwith to deduct the credit sum from your Payment Card within 30 days of the payment date. In the event that Dunn & Overwith pays for the goods or services in cash, it shall be entitled to add any applicable charges to the sum deducted from your Payment Card.
xii. Unless otherwise agreed by the Supplier, you shall not be entitled to cancel any services requested where, on your instructions, performance has already begun.
xiii. Telephone calls to Dunn & Overwith may be monitored or recorded for training and quality control purposes.
i. Any services, including travel tickets and package holidays, purchased through Dunn & Overwith will be subject to the terms and conditions of the travel or holiday operator Supplier. Please note that Dunn & Overwith is not an authorized travel agent or tour operator and only acts as an introductory agent on behalf of Suppliers. All rights and remedies you have are against the relevant Supplier.
i. When you use the restaurant, club or party planning booking Services you hereby authorize Dunn & Overwith to debit your Payment Card for any deposit paid by Dunn & Overwith on your behalf to the venue which is forfeited as a result of cancellation of the booking.
i. Dunn & Overwith is engaged in the business of obtaining "best tickets" for all sold out events. Please note that you are purchasing tickets above face value.
ii. All sales are final, no refunds or cancellations are issued after you have purchased your tickets.
iii. In the event of show cancellations directly by the artist/promoter, only the return of the face value of the tickets can be guaranteed. Shipping fees are non-refundable.
iv. Dunn & Overwith or its ticket agent partner will dispatch your tickets at the standard rate of $5.00. Standard U.S. mail is used unless otherwise specified or agreed to by the Member. Please note that neither Dunn & Overwith nor its ticket agent partners can be held liable for any failure by the mail service to deliver your tickets.
v. Dunn & Overwith or its ticket agent partners usually dispatches tickets within two days from the time of booking if the tickets are already in stock. However some events have posting restrictions and are not dispatched until the week prior to the event taking place. On certain occasions, Dunn & Overwith representatives may have to deliver your tickets on the night of the show at no additional cost.
vi. Dunn & Overwith or its ticket agent partners reserve the right to upgrade tickets at no additional cost, to downgrade tickets (partial refund) or to cancel the order with a full refund.
i. Receipts for purchased products and services will be sent to Members either by e-mail or U.S. postal at their request.
ii. Dunn & Overwith is not responsible for product defects or damages or sub-standard services provided by Suppliers. Individual Supplier exchanges, refunds and warranties apply to all products. All rights and remedies you have are against the relevant Supplier.
iii. Dunn & Overwith can exchange or return purchased items for Members in accordance with Supplier policy.
iv. Dunn & Overwith is not responsible for inaccurate or misleading product descriptions.
i. Dunn & Overwith may vary these Terms & Conditions from time to time and will notify you of any changes in a timely manner.
ii. Your continued use of your membership constitutes acceptance of the altered Terms & Conditions.
i. Dunn & Overwith assumes no responsibility for the contents of any other websites to which the Dunn & Overwith website has links and shall not be held responsible or liable for any loss or damages caused or alleged to have been caused by use of or reliance on any content, products or services available on such hyperlinked websites. Dunn & Overwith may not have control of such websites. The inclusion of any hyperlinks to such other websites does not mean that Dunn & Overwith endorses the material on such websites or has any association with the owner thereof.
i. Dunn & Overwith warrants to you that Dunn & Overwith shall use its reasonable endeavors to provide the Services with reasonable care and skill and, as far as reasonably possible, in accordance with your request and instructions from time to time. Where Dunn & Overwith supplies you with any goods or services supplied by a Supplier, then Dunn & Overwith is acting as your agent in sourcing the goods or services. Dunn & Overwith will use reasonable care in selecting the Supplier and ensuring the order is placed in accordance with your wishes. For the avoidance of doubt, Dunn & Overwith does not and will not provide any representations or recommendations in relation to any of the information and suggestions comprised within the Services. You are deemed to be responsible for, and shall use your own skill and judgment as to, the quality, value and suitability of such information and suggestions in relation to deciding whether to enter into any contract with any third party for the supply of services or sale of goods.
ii. Your contract for the purchase of products or services is made with the relevant Supplier only. Dunn & Overwith acts as an agent for the Supplier and, unless expressly provided otherwise, all your rights and remedies are against the Supplier.
iii. Dunn & Overwith will not be responsible for products and services offered by Dunn & Overwith as agents for the Suppliers or for any aspect of the relationship between you and any particular Supplier. Dunn & Overwith will however do everything it reasonably can to assist you in any dealings you have with the Supplier.
iv. You agree that any contract entered into by you with any of the Suppliers is an independent contract. Dunn & Overwith hereby disclaims any and all liability for any act or omission of any Supplier or any loss incurred by you as a result of any act or omission of a Supplier whether or not arranged through Dunn & Overwith.
v. Dunn & Overwith accepts no liability for any losses or claims arising from any inability to access the Dunn & Overwith website or any failure to complete a transaction.
vi. Dunn & Overwith shall not be liable for any loss, cost, expense or damage of any nature whatsoever (whether direct or indirect) resulting from the provision of the Services or your reliance upon the information and suggestions provided by Dunn & Overwith hereunder and the resulting supply of goods and services to you by any Supplier.
vii. Dunn & Overwith shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from requests or instructions supplied by you which are incomplete, incorrect or inaccurate or arising from their late arrival or non-arrival, or any other fault of yours.
viii. Dunn & Overwith shall not be liable to you or be deemed to be in breach of these Terms & Conditions by reason of any delay in performing, or any failure to perform, any of Dunn & Overwith's obligations in relation to the Services, if the delay or failure was due to any cause beyond Dunn & Overwith's reasonable control.
ix. Dunn & Overwith's maximum liability to you for breach of any of its obligations hereunder shall be limited to the value of the charge for the Services to be provided.
x. Dunn & Overwith aims to ensure that viruses (or other programs having adverse effects) do not reside on its website, but Dunn & Overwith accepts no responsibility in relation to this.
xi. This section applies only to the extent permitted by law.