Terms of use

Highlights of the Agreement

This Terms of Use Agreement (the “Agreement”) is a legal agreement exclusively between you and us governing your use of our websites and other online or mobile services, properties, Reward Programs, Mobile Apps, WiFi, or applications that link to this Agreement (each a “Site,” and collectively “Sites”). By continuing to use our Sites, you agree that such use is legally sufficient consideration under this Agreement.

This Highlights section is intended to provide you with a basic overview of the contents of this Agreement. However, please read this entire Agreement for a complete understanding of the terms you are agreeing to. The meanings of capitalized words can be found in the full Agreement. If there is a conflict between the terms of this “Highlights” section and the terms of the full Agreement, the terms of the full Agreement control.

(a) Shopping on Our Sites

Read more about our eCommerce policies.

(b) Rewards and Loyalty Programs

Read the Reward Program terms.

(c) WiFi

(d) Our Rights

Read more about our rights and control of our Sites and Content.

(e) Your Use of Our Sites

Read more about what you can and cannot do on our Sites.

(f) Important Things to Know

Read the complete Agreement below.

COMPLETE AGREEMENT

E-COMMERCE

Some of our Sites may allow you to purchase products directly on them (“eCommerce Sites”).

We reserve the right to deny a refund, and/or issue a rewards credit to your Account on the Site in place of a refund if we determine that our policy is being abused. We may use any means available to us, including coordination with other companies, to determine if you are abusing our policy. This decision is made in our sole discretion and determination.

Orders

We: (a) reserve the right to change the goods and services advertised or offered for sale through an eCommerce Site, the prices or specifications of such goods and services, and any promotional offers at any time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on a Site will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that information on a Site (including without limitation product descriptions, colors or photographs) is accurate, complete, reliable, current or error-free; and (e) reserve the right to modify, cancel, terminate or not process orders (including accepted orders) where the price or other material information on an eCommerce Site is inaccurate, where we have insufficient quantities to fulfill an order or for any other reason in our sole discretion. If we do not process an order for such reason, we will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you. Unless otherwise indicated (or if the Site has a non-US domain), products sold on the eCommerce Sites are intended for end use in the United States and are not labeled or intended for international distribution.

Taxes: If we are legally required to collect sales tax or other fees on your orders, the tax amount will be added automatically to your purchase price. On rare occasions an error in our tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to two years from your date of purchase you may contact us for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors.

Payment Processing: We may use a third-party payment processor to process your payment information, including your payment card data. Be aware that you may be subject to the third- party processor's terms and your information may be subject to their privacy practices.

Refunds

Some eCommerce Sites sell products for which we allow a refund, meaning all or a portion of the purchase price is returned to you without you providing the item back to us. This may be indicated on the applicable eCommerce Site or may be communicated by our customer service team. We reserve the right to only issue a refund in our sole discretion regardless of what an eCommerce Site may indicate. Refunds will not be issued for products that have not been purchased directly through the Site.

Timing: For refund-eligible products, you have 30 days from the date of shipment to contact us for a full refund of the purchase price. Following such 30-day period, no product is eligible for a refund. However, even after 30 days, we encourage you to contact us if you are unsatisfied with a product and so our customer service can improve your experience, which may include providing an exception to this refund policy.

Promo Codes and Discounts

Certain Sites create or advertise promo codes, discounts, coupon codes, and offers that provide a benefit to you when entered upon checkout. These cannot be applied to prior or completed transactions, they must be provided at the time of purchase. Promo codes and discounts may have specific terms and conditions for use (for example, a promo code may not be combined with other offers). All promo codes will have a designated expiration date, which will be communicated via marketing materials. The expiration date is final and will not be adjusted. Offers have no cash exchange value, are not transferable, and will not be refunded at any time. It is your responsibility to review the terms and conditions for any promo code or discount before use. Offers may not be accepted at some Dos Toros locations. All Offers have an expiration date unique to the Offer. The expiration date will appear within the Dos Toros Rewards account, in the “Rewards” screens. Dos Toros Rewards members must download the latest versions of the Dos Toros App at any time in order to see accurate details, and Dos Toros is not responsible for customers who do not download the newest version of the app and therefore do not see the expiration details. Unless otherwise specified, expiration dates are final and will not be adjusted. Only consumers can use promo codes, they cannot be used by resellers, wholesalers, practitioners, or the like. You may have no right to discounts, coupons, or offers that are expired or discontinued even if they remain visible on the Site.

REWARD AND LOYALTY PROGRAMS

Terms Applicable to All Reward Programs

Dos Toros offers a program where you may receive benefits in connection with certain actions taken with Dos Toros (a “Rewards Program”). If you elect to opt-in to any Rewards Programs, the terms of this “Rewards and Loyalty Programs” section apply to you, as does any terms in the section corresponding to the applicable Reward Program as well as other rules and procedures as outlined by Lunchbox, our third party loyalty provider.

By opting into or participating in a reward program, you acknowledge and agree to be bound by this Agreement and understand this is a binding legal agreement between you and Dos Toros consisting of this section, the applicable loyalty program section below, and the other terms contained in this Agreement.

As of April 8, 2024, Our Rewards Programs are:

List is not comprehensive

Rewards may be subject to additional terms, conditions, restrictions or limitations, which may be disclosed in association with any Rewards, or added to these Terms & Conditions from time to time. All Rewards have a 30 day expiration unless otherwise specified, which is final and will not be adjusted. Dos Toros Rewards members must download the latest versions of the Dos Toros App at any time in order to see accurate Reward details, and Dos Toros is not responsible for customers who do not download the newest version of the app and therefore do not see the details. Rewards are not redeemable for cash or transferable, and void where prohibited. Dos Toros reserves the right to make changes to or discontinue these Rewards at any time. Not all Dos Toros locations participate in Dos Toros Rewards.

Use of your information in connection with a Rewards Program is governed by the Privacy Policy. Please review this to understand how your information is processed in connection with a Reward Program.

Eligibility and Suspension: Dos Toros Rewards Programs are only open to legal residents of the fifty (50) United States (and the District of Columbia), who are at least sixteen (16) years old at the time of entry. Dos Toros Reward Programs are void where prohibited. Corporations or other entities or organizations of any kind are not eligible to participate in Rewards Programs. You may only participate in a Dos Toros Rewards Program using one Account. We reserve the right to suspend, modify, or discontinue the eligibility of any person who uses or is suspected of using a Dos Toros Rewards Program in a manner inconsistent with this Agreement or any federal or state laws, statutes or ordinances. Note that this suspension or discontinuance may apply to multiple Dos Toros Rewards Programs. Similarly, such action by you may result in you losing benefits accrued under the Dos Toros Rewards Program. In addition to suspension or discontinuance of eligibility, we have the right to take appropriate administrative and/or legal action against such persons. It is your responsibility to ensure any rewards or benefits you earn under a Dos Toros Rewards Program are accrued correctly.

Termination of Reward Programs: Dos Toros Rewards Programs continue until we terminate the applicable Dos Toros Rewards Program, which we may do at any time, with or without notice to you. Upon discontinuation of the Dos Toros Rewards Program you may lose all benefits under that Dos Toros Rewards Program, including those yet to be redeemed. We also reserve the right to suspend or modify any Dos Toros Reward Program, at our discretion, at any time. By continuing to participate in the Dos Toros Reward Program, you accept our modifications. We will make reasonable efforts to provide you notice of changes to the prior to implementation.

Physical Gifts / Merchandise: Some Dos Toros Rewards Programs require contact information from you to facilitate your participation, such as for sending you something you earned in connection with the Dos Toros Rewards Program. In most cases, this information is pulled from your Account. It is your responsibility to make sure the information in your Account is accurate. In connection with a Dos Toros Rewards Program, you may earn a physical item. Physical items cannot be shipped to P.O. Boxes. If you fail to provide your home mailing address within 30 days of the date when you are notified, you will forfeit the physical item. You may be responsible for shipping and handling of physical items received through the Dos Toros Rewards Program, and we are not responsible for lost or stolen physical items. You are responsible for the payment of all taxes which may result from participation in a Dos Toros Rewards Program.

Disputes and Disclaimer: All questions or disputes regarding eligibility for a Dos Toros Rewards Program, your compliance with this Agreement, accrual of rewards or benefits, or anything else related to a Dos Toros Rewards Program, will be resolved by us in accordance with the Disputes, Arbitration, and Disputes, Arbitration, and Class Action Waiver section. By participating, you agree that all decisions we make regarding a Dos Toros Rewards Program are final. All Dos Toros Rewards Programs are subject to all applicable laws and regulations. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND IN CONNECTION WITH ANY REWARD PROGRAM, WHICH ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.

Changes to Terms: We reserve the right to modify, add, or remove any aspects of these Terms, policies, FAQs, guidelines, or other Rewards Program terms at any time without prior notice. Any modifications will be effective immediately upon posting the revision and, by accepting these Terms, you forfeit the right to receive special notice of such change. By continuing to use the Rewards Program, you agree to any revised Terms or policies posted by us. It is your responsibility to periodically review the Terms to stay informed about any modifications.

In addition, all Program benefits, offers, Rewards, and features are subject to availability and may be altered without advance notice. We reserve the right to terminate the Program, either in part or in its entirety, without notice, except as required by applicable law. At our sole discretion, we may opt to substitute a comparable program for the existing one, providing immediate notice to active account members. In the event of Reward Programs termination, any unredeemed progress or Rewards will be forfeited without obligation or liability, and no claims for Rewards will be honored after the specified notice period concludes.

Managing Communication Preferences: You may opt out from receiving Program communications at any time. To do so, please click unsubscribe at the bottom of any marketing email received and complete the opt out process. You may also reach out to info@dostoros.com to unsubscribe from marketing communications. When opting out, you will still be eligible to participate in the Dos Toros Rewards program. However you will not receive communications about future offers or important program changes. For more information about managing your information preferences and opting out, please see our Privacy Policy.

Contact Us: Please email info@dostoros.com with questions regarding your membership in Dos Toros Rewards.

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WIFI ACCESS

We may provide access to WiFi connections or similar network connections to you ("WiFi"). BY USING WIFI, YOU ARE AGREEING TO THIS AGREEMENT. Your use of WiFi is subject to this Agreement and permitted only while you comply with this Agreement. We are under no obligation to provide WiFi to you, and may terminate or suspend your access at any time and for any reason. WiFi networks may be open wireless networks and in any case are not intended to be used for transmission of personal, financial, or sensitive information. No network communication is 100% secure, and users should take care when using a generally available WiFi connection. We do not control and are not responsible for data or content that you access or receive via the WiFi. We are not a publisher of third-party content that can be accessed through the Service and are not responsible for any opinions, advice, statements, services or other information provided by third parties and accessible through the Service.
We reserve the right to monitor or store any transmission made through the WiFi, but we have no obligation to do so.
WIFI IS PROVIDED ON AN AS-IS BASIS AND WE MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE AVAILABILITY, FUNCTIONALITY, OR SECURITY OF WIFI.

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OUR INTELLECTUAL PROPERTY RIGHTS

All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs and other content appearing in or on the Sites (the "Content") are protected intellectual property of, or used with permission or under license by, our Company. Such Content may be protected by copyright, trademark, patent or other proprietary rights and laws. This includes the entire Content of each Site, protected as a collective work. All intellectual property rights associated with the Sites, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title or interest in any Content by accessing or using the Sites. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available on a Site is strictly prohibited.

Subject to your compliance with this Agreement, we grant you a limited license to access and use the Sites and their Content for personal, informational, and shopping purposes. No Content from the Sites may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without written permission of the rights owner, except that you may download or print one copy of specific Content or software made available for your downloading or printing for your personal, non-commercial home use, subject to your compliance with this Agreement and retain the same solely for as long as you continue to be permitted to access the Sites. To use Content under such an exception, you must (1) keep any copyright, trademark, or other proprietary notices intact, (2) use such Content pursuant to any licenses associated with such Content, (3) not copy or post such Content on any networked computer or broadcast it in any media, (4) make no modifications to any such Content, and (5) make no additional representations or warranties relating to such Content. Except as otherwise expressly authorized herein or in writing by us, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of a Site or the Content.

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YOUR AUTHORIZED USE OF OUR SITES

While using a Site, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You may not use a Site for any fraudulent or unlawful purpose, and you may not take any action to interfere with a Site or any other party's use of a Site. In addition, we expect users of the Sites to respect the rights and dignity of others. For example, you may not do any of the following without our consent:

Linking: You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking Site does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising. Additionally, notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in a Site's root directory, we grant to the operators of public search engines permission to use spiders to copy Content from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such Content, but not caches or archives of such Content. We may revoke these permissions at any time.

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MOBILE APPLICATIONS

Some of our Sites may be mobile or other applications that you can download to your phone, tablet, or other device ("Mobile App") via a third-party service such as an application store. Your use of the third-party service may be subject to additional terms related to that service from the service provider ("App Store Provider"). WE ARE NOT LIABLE IN ANY WAY FOR, AND MAKE NO REPRESENTATIONS OR WARRANTIES RELATING TO, ANY SUCH THIRD-PARTY SERVICE OR ANY CLAIM OR DAMAGE RESULTING FROM YOUR USE OF SUCH THIRD-PARTY SERVICE.

You acknowledge that this Agreement and your use of a Mobile App is between you and us only, and not with any App Store Provider or its affiliates or subsidiaries. As between us and an App Store Provider, we are solely responsible for the Mobile App and its Content. If anything in this Agreement conflicts with any usage rules for the Mobile App from an App Store Provider, such terms from the App Store Provider control (only so far as those terms conflict with this Agreement, and then exclusively for your use of the Mobile App). All rights you have to use the Mobile App are for use only on appropriate products (which may require branding from the App Store Provider or other entities) and are non-transferable, except that the Mobile App may be accessed and used by other accounts associated with you via features like Apple's Family Sharing (or similar features from other App Store Providers) or volume purchasing. We are solely responsible for providing any maintenance and support services for the Mobile App, as specified in this Agreement or as required under applicable law. No App Store Provider has any obligation whatsoever to furnish any maintenance and support services for the Mobile App, nor any warranties for the same.

WE DISCLAIM ALL WARRANTIES RELATED TO ANY MOBILE APP. However, in the event that the Mobile App fails to conform to any applicable warranty that we cannot disclaim according to applicable law, you may have the right to notify the App Store Provider, and the App Store Provider may refund the purchase price for the Mobile App. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO APP STORE PROVIDER WILL HAVE ANY OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE MOBILE APP, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY IS OUR RESPONSIBILITY.

We, not the App Store Provider, are responsible for addressing any claims relating to the Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, (iv) claims that the Mobile App infringes a third party's intellectual property rights as well as the investigation, defense, settlement and discharge of any such intellectual property infringement claim. By using the Mobile App, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that the App Store Provider, and its subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement and your use of the Mobile App, the App Store Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

Text Message Programs

BY PARTICIPATING IN A TEXT MESSAGE CAMPAIGN, YOU ARE AGREEING TO THE DISPUTES, ARBITRATION, AND CLASS ACTION WAIVER OF THIS AGREEMENT AS WELL AS THE REST OF THE TERMS HEREIN, INCLUDING THE LIMITATION OF LIABILITY.

You may be able to sign up to a text message campaign from a Site or through another method provided by us. You can opt out of any text message program by replying STOP to the text message. You can reply HELP on many text message programs to receive more information, including a customer contact number. Message and data rates may apply to any text message program, and consent to a program is not required for any purchase. Text message programs may send automated reoccurring texts. Neither the Company nor mobile carriers are liable for delayed or undelivered messages. You must notify us if you give up a telephone number that is subscribed to a text message program or if the number is otherwise reassigned. To do so, or find out more information on our text message marketing programs, please contact us by emailing info@dostoros.com or using the information in the Contact Us section. Our Privacy Policy applies to all text message programs.

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Accounts

Some of our Sites allow you to register for accounts specific to you for ordering, Reward Programs, and other purposes ("Account").

In general, you are not obligated to register for an Account in order to access the Sites. However, certain sections and features of some of the Sites are available only to users who have registered for an Account ("Registered Users"). We may reject, and you may not use, a user ID (or e-mail address) for any reason in our sole discretion. For example, we may reject a user ID (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; or that is offensive. You may only have one active Registered User Account on each Site at any given time and you may not allow other people to use your Account to access a Site or participate in a Reward Program.

If you are a Registered User, we expect you to accurately maintain and update any information about yourself that you have provided to us. You agree that you are responsible for all activities that occur under your Account, and for maintaining the confidentiality of your password and restricting access to your computer so others may not access a Site in violation of this Agreement. In addition, you agree to sign out from your Account at the end of each session if you are using a device that is shared with other people.

You agree to notify us of any unauthorized use of your Registered User username, log-in ID, password or any other breach of security that you become aware of involving or relating to a Site by contacting us as soon as possible. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of our Sites and your Account, including without limitation, terminating your Account, changing your password or requesting information to authorize transactions on your Account. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

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Descriptions, Testimonials, Opinions

Sites may present you with information on events, charitable causes, Dos Toros travels, and the like. This is presented for informational purposes only and should not be considered our endorsement of same.

Sites may allow you to leave product reviews, opinions, or testimonials, all of which is User Content. If you leave a review on another Site, we may (but are not required to) reach out with a separate agreement to further define our rights in the User Content.

Descriptions and graphic representations of products on Sites are for informational purposes only and may not completely reflect the current product. We reserve the right to change product descriptions at any time, and we are not responsible for variations between a product description and the actual product. Technological issues, such as your device settings, may alter how a product appears on a Site.

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Third-Party Content and Links

Any information, statements, opinions or other information provided by third parties and made available on our Sites are those of the respective author(s) and not us. We do not guarantee the validity, accuracy, completeness or reliability of any opinion, advice, service, offer, statement or other third-party Content on our Sites.

We may provide on the Sites, solely as a convenience to users, links to websites, social media pages, mobile applications or other services operated by other entities. If you click these links, you will leave our Sites. If you decide to visit any external link, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked Sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that we are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked Site is authorized to use any of our trademarks, logos or copyright symbols.

We may maintain a presence on and link to social media websites, including Facebook, LinkedIn, Google Plus, Twitter, YouTube, Vine, TikTok, Pinterest and Instagram, and others (collectively, "Social Media Pages"), to provide a place for people to learn more about us and our products and to share experiences with our products. When you visit these Social Media Pages, you are no longer on our Site, but rather a website operated by a third party. All comments, visuals and other materials posted by visitors to our Social Media Pages do not necessarily reflect our opinions, values or ideas. All visitors to our Social Media Pages must comply with the respective social media platform's terms of use.

YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

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Copyright Infringement Notices

Designated Agent: Tom Licitra
Email: dmca@dostoros.com
Address: 800 Westchester Ave, Suite N321, Rye Brook, NY 10573
Phone: 9145128628

Updates to this Agreement

We may revise or otherwise change or update this Agreement from time to time. We will use reasonable efforts to notify you of such changes. However, please check the "Last Updated" legend at the top of this page to see when this Agreement was last revised. When changes are made to this Agreement they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review this Agreement―there may have been changes to our policies that may affect you. If you do not agree to the Agreement as modified, then you must discontinue your use of our Sites. Your continued use of a Site will signify your continued agreement to this Agreement as revised. We will make reasonable efforts to notify you of material changes to this Agreement. Such efforts might include posting notice on the Site, an email to the address we have on file, or a message in your Account.

We may assign this Agreement at any time with or without notice to you. You may not assign or sublicense this Agreement or any of your rights or obligations under this Agreement without our prior written consent.

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IMPORTANT LEGAL TERMS

Termination

The Sites and this Agreement are in effect until terminated by you or us. We may terminate this Agreement by notifying you using any contact information we have about you or by posting such termination on a Site, including in your Account. You may terminate this Agreement by providing written notice of termination, including your detailed contact information and any Account information or other Site credentials, to us using the information in the Contact Us section. In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to a Site or any of its features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. We may be protected for liability from these actions under the Communications Decency Act, 47 U.S.C. § 230.

The provisions of this Agreement concerning protection of intellectual property rights, authorized use, user-submitted content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.

Upon any such termination, (i) you must destroy all Content obtained from the Sites and all copies thereof; (ii) you will immediately cease all use of and access to the Sites; (iii) we may delete or disable access to any of your User Content at any time; (iv) and we may delete your Registered User Account at any time. Termination of this Agreement will end your participation in any Reward Program and forfeit any benefits you have accrued thereunder. You agree that if your use of a Site is terminated pursuant to this Agreement, you will not attempt to use that Site under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore. Your use of a Site after termination will be a violation of this Section, which survives any termination.

Even after the termination of this Agreement or of your Account or access to a Site, any User Content you have posted or submitted may remain on a Site indefinitely.

Children

Our Sites are not designed to appeal to minors, and we do not knowingly attempt to solicit or receive any information from children under thirteen (13) years of age. YOU MUST BE AT LEAST THIRTEEN (13) YEARS OF AGE TO ACCESS AND USE OUR SITES. If you are under the age of majority in your home state, which is eighteen (18) years in most states, you may not establish a registered Account with us, and you should use our Sites only with the supervision of a parent or guardian who agrees to be bound by this Agreement. Additionally, certain Sites or sections of our Sites, as well as promotions, programs and commerce we may offer on a Site, may be explicitly limited to people over the age of majority. If you are not old enough to access our Sites or certain sections or features of our Sites, you should not attempt to do so.

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at OnGuard Online. Please note that we do not endorse any of the products or services listed at such Sites.

Disclaimer of Warranty

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF THE CONTENT AVAILABLE ON A SITE OR ANY OTHER SITES LINKED TO OR FROM A SITE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF ANY REWARD PROGRAM. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH A SITE IS DONE AT YOUR OWN RISK. THE CONTENT OF A SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

Limitation of Liability

WE AND OUR AFFILIATES, SUBSIDIARIES, DIVISIONS AND RELATED COMPANIES AS WELL AS OUR AGENTS, SUPPLIERS, SERVICE PROVIDERS AND RETAILERS (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OR THE INABILITY TO USE A SITE OR REWARD PROGRAM, A SITE'S CONTENT OR EXTERNAL LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE.

RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF DATA OR PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RELEASEES ALSO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. REGARDLESS OF THE PREVIOUS SENTENCES, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU OR THE LOWEST LIABILITY LIMITATION ALLOWED BY APPLICABLE LAW.

Indemnity

You agree to indemnify, defend and hold us and the Releasees and all of our directors, officers, employees, agents, shareholders, successors, assigns, and contractors harmless from and against any and all claims, damages, suits, actions, liabilities, judgments, losses, costs (including without limitation reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of this Agreement; (ii) your activities in connection with a Site; or (iii) the Content or other information you provide to us through a Site. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

New Jersey Residents

If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) Disclaimer of Warranty; (b) Limitation of Liability; (c) Indemnity; and (d) under Disputes, the Arbitration and Class Action Waiver and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of this Agreement are found to violate an established legal right.

Consent to Communication

When you use a Site or send communications to us through a Site, you are communicating with us electronically. You consent to receive electronically any communications related to your use of a Site. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting User Content, creating a Registered User Account, registering for a Rewards Program, or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.

Severability

If any provision of this Agreement is held to be invalid or unenforceable, it shall be replaced in interpretation by a valid and enforceable term that most closely aligns with the intent of the original provision. If that is not possible, the provision shall be removed, and the rest of the Agreement will be enforceable.

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Contacting Us

If you have questions about this Agreement, or if you have technical questions about the operation of a Site, please contact us by writing us at 800 Westchester Avenue, Suite N321, Rye Brook, NY 10573 or emailing us at info@dostoros.com.