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Before You Buy
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This Term of Use Agreement applies to anyone visiting the website located at http://www.differenceinc.com which is also assessable by entering http://www.diff1.com and http://www.directbuy.us.com. The mentioned domain names are the property of Difference Inc. Before you make any purchases, you must first establish a customer account ("My Account"). BY CLICKING "I AGREE TO DIFFERENCE INC. TERMS & CONDITION OF SALE" YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT CLICK ON THE BUTTON.
All materials appearing on our web site, including the text, site design, logos, graphics and images, are property of Difference Inc., and from our preferred vendors who have authorized Difference Inc. to use for the sole purpose of selling their products on our web site. You may use the content of our web site only for the purpose of shopping on our web site or placing an order on our web site and for no other purpose. No materials from our web site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Difference Inc. prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on our web site may violate copyright, trademark and other applicable laws.
By establishing a My Account with Difference Inc., and each time you make a purchase through our web site, you grant permission for Difference Inc. to contact you at your e-mail address. To stop receiving our marketing emails, you NEED TO INFORM US BY SENDING AN E-MAIL AT   support@differenceinc.com. We reserve the right to contact you, communicate with you prior to shipping your order and /or notifying you with any questions we may have with respect to your order.
You are responsible for maintaining the confidentiality of your My Account information, including your password, and for all activity that occurs under your account. You agree to notify Difference Inc. immediately of any unauthorized use of your account or password, or any other breach of security. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the Site. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You also agree that Difference Inc. may, in its sole discretion and without prior notice to you, terminate your access to your My Account for violations of this Terms of Use, failure to pay for purchases, suspected or actual copyright infringement, unexpected operational difficulties or requests by law enforcement or other government agencies. You agree that Difference Inc. will not be liable to you or to any third party for your termination or your inability to access our web site.
While Difference Inc. takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL DIFFERENCE INC. BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER DIFFERENCE INC. WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
To purchase an item on our web site, you must be at least eighteen (18) years of age or the applicable state age of majority, be a natural person (no corporations, partnerships or other legal entities), and be a resident in the 50 states of the United States of America, exclusive of its commonwealths, territories and possessions ("United States"). Prior to the purchase of any goods or services on our web site, you must provide us with a valid credit card number and associated payment information including all of the following - your name as it appears on the card, your credit card number, the credit card type, the date of expiration and any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization.
Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT DIFFERENCE INC., IS RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Difference Inc. of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Difference Inc. does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Difference Inc. or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. Difference Inc. shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within New York state and any other states or localities that it deems is required.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Difference Inc. reserves the right at any time after receipt of your order to accept or decline your order for any reason. Your order will be deemed accepted by Difference Inc. upon shipment of products that you have ordered. Title to goods and all risk of loss passes to you upon delivery of your order. Item purchased through our web site are only shipped to the billing address. Orders received are shipped via UPS with signature required. We may require additional verifications or information before accepting any order. Difference Inc. is a retailer selling to end users and does not accept orders from resellers, exporters, wholesalers, AND ANY businesses of any kind or other customers who intend to resell.
Difference Inc. shall have the right to refuse or cancel any orders placed for products listed at an incorrect price, or containing any other incorrect information or typographical errors. Difference Inc. shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Difference Inc. shall issue a credit to your credit card account in the amount of the charge.
"RETAIL PRICE" is the suggested retail price provided to us by our suppliers. We make no representation that a substantial number of these products have been sold or offered for sale at the retail price. Actual retail prices in your area may be substantially different. Because we sell our merchandise over the internet on a national basis, it is not possible to know if our merchandise is sold at retail price in any particular location or at any particular time. Because the retail price may be different than the actual retail prices in your area, you may want to make an exact comparison for yourself by checking the prices of other internet or local retailers prior to making a purchase.
You agree to indemnify and hold harmless Difference Inc. and its parents, sister companies, subsidiaries, affiliates, service providers, other End Users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of this Terms of Use, or your violation of any law, regulation or third-party right.
THE ENTIRE RISK ARISING OUT OF THE USE OF OUR WEB SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH OUR WEB SITE, AND/OR THE USE OF ANY CONTENT AND/OR DOWNLOADS REMAINS WITH YOU. IN NO EVENT SHALL DIFFERENCE INC. OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, WITH THE DELAY OR INABILITY TO USE THE DIFFERENCE INC. WBE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH OUR WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE DIFFERENCE INC. WEB SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF DIFFERENCE INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF USE OR POSTED ON OUR WEB SITE, THE MAXIMUM LIABILITY THAT DIFFERENCE INC. SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO DIFFERENCE INC. BY END USER. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF DIFFERENCE INC. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
No delay or failure to take action under THESE TERMS of Use shall constitute any waiver by Difference Inc. of any provision of THESE TERMS of Use. If any provision of this Terms of Use is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this Terms of Use will continue in full force and effect. These Terms of Use will bind and inure to the benefit of Difference Inc. permitted successors and assigns.  Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises. These Terms of Use shall be governed by the laws of the State of New York without regard to or application of any conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in New York city, in the State of New York. These Terms of Use is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate these Terms of Use shall be null and void. Difference Inc. may freely assign these Terms of Use without consent or notice. This Terms of Use (including all documents expressly incorporated herein by reference, including but not limited, to the relevant Usage Rules) constitutes the complete and exclusive agreement between Difference Inc. and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
Difference Inc. reserves the right, at its sole discretion, to change, add or remove portions of these Terms Of Use, at any time. It is your responsibility to check this Terms of Use each time before using our web site. Your continued use of our web site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of these Terms of Use, which shall apply until we post MODIFIED TERMS of Use and then in accordance with such modified Terms of Use. As long as you comply with this Terms of Use and any such modifications, Difference Inc. grants you ("End User") a personal, non-exclusive, non-transferable, non-sub licensable, limited privilege to enter our web site.
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