Last Updated: June 9, 2022
1.Acceptance of Terms
By accessing or using dupontregistry.com (sometimes referred to as the "Site”) and our various related websites and services, including, without limitation, the underlying software and data (collectively, the “duPont REGISTRY Services”), you agree to be bound by these Terms and all of the terms incorporated herein by reference.
You must be 18 years of age or older to use duPont REGISTRY Services. By accepting these Terms, you represent that you have the legal authority to do so, and that, if you have accepted these Terms on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms. If you do not agree to every provision of these Terms, you may not, and we do not authorize you to, access or use duPont REGISTRY Services or any features provided therein.
By accessing or using duPont REGISTRY Services, you represent and warrant that you have not been previously suspended or removed from duPont REGISTRY Services or engaged in any activity that could result in suspension or removal from duPont REGISTRY Services.
We may revise these Terms at any time for any reason and may provide you notice of these changes by any reasonable means, including through duPont REGISTRY Services. You can determine when we last updated these Terms by referring to the “Last Updated” legend at the top of these Terms. Except to the extent that your express consent to any revised Terms is required under applicable law, by continuing to access, browse or use duPont REGISTRY Services, you agree to any revised Terms. If you do not agree to any revised Terms, you may not and we do not authorize you to use duPont REGISTRY Services. We strongly recommend that you periodically visit this page to review these Terms.
In order to list, sell or buy on the Site, you must register with duPont REGISTRY. To register, you must create an account and provide your real name, address, phone number and email address.
By listing an item on the Site, you authorize duPontREGISTRY.com to charge your credit card for amounts due. All fees are in U.S. Dollars unless stated otherwise.
2.Role of duPont REGISTRY
2.1Venue for Buyers and 3rd Party Sellers
Other than as described in Section 2.2 and Section 3, you acknowledge and agree that duPont REGISTRY provides a venue for third party sellers (“3rd Party Sellers”) and third party buyers (“Buyers”) of vehicles to conduct transactions ("3rd Party Transactions”) through the duPont REGISTRY Services. Except in its capacity as a seller or buyer as described in Section 2.2 and Section 3 (“duPont REGISTRY Transactions”), duPont REGISTRY is not involved in, and shall have no liability in respect of, 3rd Party Transactions. duPont REGISTRY is not the agent of, and has no authority for any 3rd Party Sellers or Buyers involved in 3rd Party Transactions for any purpose. With respect to 3rd Party Transactions, duPont REGISTRY has no control over, and therefore it disclaims any responsibility and liability for, the quality, safety, legality, or description of the items advertised or sold by 3rd Party Sellers through the duPont REGISTRY Services.
duPont REGISTRY disclaims any responsibility and liability as to any 3rd Party Seller listing, including whether such listing is accurate, complete, misleading or deceptive, and specifically disclaims all representations and liabilities with regard to the foregoing. Further, duPont REGISTRY has no control over the ability of 3rd Party Sellers to actually sell the items listed, or the ability of Buyers to actually buy the 3rd Party Seller items and does not guarantee to any Buyer or 3rd Party Seller that they will receive payment for, or shipment of, any item related to a 3rd Party Transaction. Both Buyers and 3rd Party Sellers involved in 3rd Party Transactions acknowledge that duPont REGISTRY has no obligation to assure the performance of any obligation of any party to such transaction. You should always use caution when entering into any agreement with a 3rd Party Seller and may wish to use a third party escrow agent to protect you in 3rd Party Transactions. Participants in 3rd Party Transactions are required to comply with these Terms and all applicable U.S. and foreign laws, rules and regulations.
2.2duPont REGISTRY as Buyer or Seller
By engaging in a duPont REGISTRY Transaction, duPont REGISTRY may participate in a transaction as either a buyer and/or a seller. Where duPont REGISTRY is engaging in a duPont REGISTRY Transaction, it will be governed by the terms and conditions described in Section 3 below.
3.Vehicle Sales, Purchases and Consignment
3.1Selling a Vehicle through duPont REGISTRY Services
If you are interested in selling a vehicle to duPont REGISTRY through duPont REGISTRY Services, you understand that you will be required to agree to the purchase terms and conditions available at duPont Registry Purchase Contract 3 23 22_Fields.pdf and/or international purchase terms and conditions available at duPont Registry International Purchase Contract 3 23 22_Fields.pdf, as applicable.
3.2Purchasing a Vehicle through duPont REGISTRY Services
If you are interested in purchasing a vehicle from duPont REGISTRY through duPont REGISTRY Services, you understand that you will be required to agree to the vehicle sale agreement available at duPont Registry Sale Contract 3 23 22_Fields.pdf.
3.3Consigning a Vehicle through duPont REGISTRY Services
If you are interested in consigning a vehicle through duPont REGISTRY Services, you understand that you will be required to agree to the consignment agreement available at duPont Consignment Agreement 3 23 22_Fields.pdf.
3.4Sale & Use Taxes
You understand and agree that it is the responsibility of the Buyers and 3rd Party Sellers to determine whether any taxes (including, without limitation, sales, use, or luxury taxes) apply to any 3rdParty Transactions and to collect, report and remit the correct tax to the appropriate tax authority. You also understand and agree that duPont REGISTRY is not obligated to determine whether taxes (including, without limitation, sales, use, or luxury taxes) apply to any 3rd party Transaction and is not responsible to collect, remit or report any such taxes arising from any such transaction.
In order to access and use certain areas or features of duPont REGISTRY Services, you may need to provide certain information and/or answer certain questions. Each registration is for a single user only. You agree to (a) provide accurate, current and complete information, (b) maintain and promptly update, as necessary, your information, (c) be responsible for the acts or omissions of any third party who has authority to access or use duPont REGISTRY Services on your behalf, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to duPont REGISTRY Services. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend and/or terminate your current or future use of duPont REGISTRY Services.
By providing information and/or answering questions, you also consent to receive electronic communications from duPont REGISTRY (e.g., via email or by posting notices to duPont REGISTRY Services). You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
5.Right to Access and Use duPont REGISTRY Services and Content
Unless otherwise indicated in writing by us, duPont REGISTRY Services and all content and other materials contained therein, including, without limitation, any duPont REGISTRY service mark or logo and all designs, text, graphics, pictures, information, data, software, other files and the selection and arrangement thereof (collectively, “Content”) are the property of duPont REGISTRY or our licensors, as applicable, and are protected by U.S. and international copyright and other laws.
Subject to these Terms, you are hereby granted a limited personal, revocable, non-exclusive, non-transferable, non-sublicensable right to access, view and make personal, non-commercial use of duPont REGISTRY Services and Content. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in duPont REGISTRY Services or Content under these Terms, or any other rights thereto other than to use duPont REGISTRY Services in accordance with the right granted, and subject to all terms, conditions and restrictions of these Terms.
You do not have any right to, and you shall not, directly or indirectly: (a) sell, resell or use commercially duPont REGISTRY Services or Content; (b) distribute, publicly perform or publicly display duPont REGISTRY Services or any Content; (c) modify or otherwise make any derivative uses of duPont REGISTRY Services or Content, or any portion thereof; (d) use any data mining, robots or similar data gathering or extraction methods; (e) download (other than page caching) any portion of duPont REGISTRY Services or Content, except as expressly permitted by us; (f) use duPont REGISTRY Services to stalk, threaten, or otherwise violate the rights of others, including, without limitation, others’ privacy rights or rights of publicity; (g) interfere with duPont REGISTRY Services or servers or networks used in connection with duPont REGISTRY Services; or (h) use duPont REGISTRY Services or Content other than for their intended purposes.
Any use of duPont REGISTRY Services or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will entitle us to terminate your right of access and use granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as expressly permitted herein, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of duPont REGISTRY or any third party, whether by estoppel, implication or otherwise.
You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit any Content.
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, duPont REGISTRY Services (or any features or parts thereof) at any time.
We retain all rights permitted by law or otherwise including, without limitation, the right to immediately halt any listing or deny, restrict or terminate your access to the Site or the duPont REGISTRY Services in our sole and absolute discretion (with or without cause or reason) including, without limitation, if you engage in any of the illegal or prohibited activities enumerated in these Terms. We also retain the right to delete any listing or other information, in our sole and absolute discretion (with or without cause), including, without limitation, any such listing or other information that violates these Terms or is otherwise considered by us to be offensive or unacceptable.
The duPont REGISTRY logo, and any other duPont REGISTRY product or service names, trademarks, logos, or other indicia (“Marks”) that may appear on duPont REGISTRY Services are the property of duPont REGISTRY or its subsidiaries, affiliates or third parties, and may not be copied, imitated or used, in whole or in part, without our prior written permission. Nothing contained in these Terms and/or duPont REGISTRY Services shall be construed as granting, by implication or otherwise, any license or right to use any such Marks without the prior written permission of duPont REGISTRY or such third party that may own such Marks. Unauthorized use of these Marks in any manner likely to cause consumer confusion or dilution of these Marks is prohibited.
You are solely responsible and liable for all data, information and other materials (“User Content”) that you submit, upload, post, e-mail or otherwise transmit (“Transmit”) in connection with duPont REGISTRY Services. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation, republication) or misuse by any third party of information made public through duPont REGISTRY Services. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY USER CONTENT PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND WE SHALL HAVE NO LIABILITY THEREFOR.
You are restricted to use of the Site and duPont REGISTRY Services in a lawful manner for lawful purposes only. You agree to comply with all applicable laws, statutes and regulations regarding use of the duPont REGISTRY Services including listing, purchasing, and soliciting offers to purchase. You agree not to engage in any of the following prohibited activities:
- 1.You shall not register under a false name or use an invalid or unauthorized credit card;
- 2.You shall not represent yourself under a false name or impersonate any person or entity;
- 3.You shall not use another person’s or entity’s password(s);
- 4.You shall not list, post, or transmit any item, link or material that infringes the rights of any third-party, such as contractual rights or intellectual property rights, such as copyrights, trademarks, patents, trade secrets or other proprietary rights (including rights to publicity or privacy);
- 5.You shall not list, post or transmit any item that is counterfeited, illegal, stolen, or fraudulent;
- 6.You shall not list, post, or transmit any information that in any way violates any privacy-related right belonging to any person or entity under U.S. or foreign laws, rules or regulations;
- 7.You shall not list, post or transmit any information that reasonably could be construed as false and/or defamatory with respect to any person or entity or their respective products or services;
- 8.You shall not list or post any links to commercial or private web sites for the purpose of advertising non-duPont REGISTRY Services unless expressly authorized by duPont REGISTRY;
- 9.You shall not list, post, or transmit any information that reasonably could be construed as constituting evidence of, or an element of, collusion, monopolization, predatory conduct or pricing, a refusal to deal, below-cost sales, price squeezing or any other violations of any U.S. or foreign laws, rules or regulations prohibiting antitrust or anti-competitive activities or unfair trade practices;
- 10.You shall not manipulate the price of any item;
- 11.You shall not list, post, or transmit any unsolicited advertising or promotional materials or other forms of solicitation;
- 12.You shall not use the Site or the duPont REGISTRY Services to harass, threaten, abuse, embarrass or cause distress, unwanted attention or discomfort to any other person or entity by any means, including the use of vulgar, hateful, abusive, threatening or otherwise objectionable language or information;
- 13.You shall not disrupt, in any manner, the normal flow of the Site or the duPont REGISTRY Services, or otherwise act in any manner that interferes with any other person’s or entity’s use of the Site or the duPont REGISTRY Services;
- 14.You shall not list, post, or transmit any information that contains any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programs or files that are designed to damage, interrupt or surreptitiously intercept any system, data, or personal information; and
- 15.You shall not compile the personal data of any other user of the Site or duPont REGISTRY Services, except to the extent necessary to complete a 3rd Party Transaction.
You agree that you will not, and will not permit anyone else to, directly or indirectly: (a) Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable; (b) Transmit any User Content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any third-party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data; or (c) forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through duPont REGISTRY Services.
Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on duPont REGISTRY Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on duPont REGISTRY Services at your sole cost and expense.
9.Rights in User Content
You agree that duPont REGISTRY may disclose or use any User Content for any purposes permitted under applicable law, including, but not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations or rules of any federal, state, local or foreign government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of duPont REGISTRY, its customers or the public.
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about duPont REGISTRY, or duPont REGISTRY Services (collectively, “Feedback”). Feedback shall become the sole property of duPont REGISTRY and duPont REGISTRY shall own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
We have not reviewed all of the websites linked to duPont REGISTRY Services and are not responsible for the content of any third-party pages, any other websites linked to duPont REGISTRY Services, or any products or services offered by third parties. Nothing in duPont REGISTRY Services, including, without limitation, any links to other websites, should be construed as an endorsement by duPont REGISTRY of any products, services or information of any other persons or companies. Your choice to access a link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. duPont REGISTRY reserves the right not to link, or to remove the link, to a particular website at any time.
Any links to third-party websites are provided as a convenience to you and are neither owned nor operated by duPont REGISTRY. We have no control over these linked websites and make no representations or warranties with respect to these linked websites or third-party products or services. Your viewing and use of any third-party websites is at your sole discretion and risk.
You shall indemnify, hold harmless, and, at duPont REGISTRY’s option, defend duPont REGISTRY and its affiliates and subsidiaries and their respective shareholders, members, directors, managers, officers, employees, agents and contractors from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) (“Losses”) incurred by duPont REGISTRY (or any of them) resulting from any third-party claim, suit, action or proceeding relating to or arising from your use of duPont REGISTRY Services, any User Content that you Transmit to or through duPont REGISTRY Services, any Feedback you provide, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of duPont REGISTRY Services or any of its features. You further agree that duPont REGISTRY shall have control of the defense or settlement of any third-party claims, unless duPont REGISTRY exercises its option to require you to defend duPont REGISTRY or the other parties. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and duPont REGISTRY.
DUPONT REGISTRY SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DUPONT REGISTRY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) DUPONT REGISTRY SERVICES; (B) CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM DUPONT REGISTRY SERVICES. DUPONT REGISTRY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT ANY RESULTS WILL BE ACHIEVED, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
DUPONT REGISTRY DOES NOT REPRESENT OR WARRANT THAT DUPONT REGISTRY SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT DUPONT REGISTRY SERVICES OR THE SERVERS THAT MAKE DUPONT REGISTRY SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. DUPONT REGISTRY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON DUPONT REGISTRY SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF DUPONT REGISTRY SERVICES IS AT YOUR SOLE RISK. DUPONT REGISTRY DOES NOT WARRANT THAT YOUR USE OF DUPONT REGISTRY SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION. DUPONT REGISTRY SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.
BY ACCESSING OR USING DUPONT REGISTRY SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE DUPONT REGISTRY SERVICES.
DUPONT REGISTRY IS NOT, AND WILL NOT BE DEEMED TO BE, INVOLVED IN ANY 3RD PARTY TRANSACTIONS BETWEEN BUYERS AND 3RD PARTY SELLERS. IF A DISPUTE ARISES BETWEEN THE PARTIES TO ANY 3RDPARTY TRANSACTION, EACH PARTY TO SUCH TRANSACTION, IN CONSIDERATION FOR THEIR USE OF THIS SITE, UNCONDITIONALLY RELEASES DUPONT REGISTRY (AND ITS AFFILIATED COMPANIES AND OUR AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS) FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, COSTS AND EXPENSES (INCLUDING BOTH ACTUAL AND CONSEQUENTIAL DAMAGES) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH DISPUTES.
14.Limitation of Liability; Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DUPONT REGISTRY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF DUPONT REGISTRY SERVICES (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, AND LINKS TO THIRD-PARTY WEBSITES OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM DUPONT REGISTRY, OR FROM EVENTS BEYOND DUPONT REGISTRY’S REASONABLE CONTROL, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF DUPONT REGISTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF DUPONT REGISTRY ARISING OUT OF OR IN ANY WAY RELATED TO DUPONT REGISTRY SERVICES EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100). THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE DUPONT REGISTRY’S SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH DUPONT REGISTRY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
YOU AND DUPONT REGISTRY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR DUPONT REGISTRY SERVICES SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION GOVERNING CONSUMER DISPUTES.
Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. In an arbitration you have the right, at your expense, to be represented by an attorney of your choosing. Arbitrators can award the same damages and relief under these Terms that a court can award under these Terms. You and duPont REGISTRY agree that any in-person arbitral hearing would occur in the Miami-Dade County in the State of Florida. duPont REGISTRY further agrees that your filing fee for an arbitration will be capped at the amount set by the American Arbitration Association. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and duPont REGISTRY are each waiving the right to a trial by jury and/or to participate in a class action. This arbitration provision shall survive termination of these Terms and the termination of your use of duPont REGISTRY Services. Further, unless both you and duPont REGISTRY agree otherwise, the arbitrator may not join or consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
16.Class Action Waiver
REGARDLESS OF THE FORUM, YOU AND DUPONT REGISTRY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use duPont REGISTRY Services at any time and for any or no reason, and you acknowledge and agree that in such event we shall have no liability or obligation to you.
18.Governing Law and Jurisdiction
duPont REGISTRY operates the duPont REGISTRY Services from Florida, U.S.A. These Terms and the transactions they contemplate, including, without limitation, their interpretation, construction, performance and enforcement, shall be governed by the laws of the State of Florida, U.S.A., including its statutes of limitations, but without reference to conflict or choice of law provisions. The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in Florida shall not apply.
All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to duPont REGISTRY at the following contact: m.sheehan@duPontREGISTRY.com. Any notices to you may be made via either e-mail or postal mail to the address in duPont REGISTRY’s records or via posting on duPont REGISTRY Services. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
Persons with disabilities who need assistance accessing these Terms may contact us as provided for in this Section, and depending on your individual needs, we will grant reasonable requests to furnish these Terms in an alternative format.
20.Procedure for Making Claims of Copyright Infringement
If you believe in good faith that any of the content on duPont REGISTRY Services infringes your copyright, please provide our copyright agent the following written information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on duPont REGISTRY Services; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
duPont REGISTRY’s copyright agent for notice of claims of copyright infringement can be reached as follows:
duPont Classics LLC Attn: Michael Sheehan, Esq.
5972 NE 4th Avenue
Miami, FL 33137
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms. duPont REGISTRY Services are hosted in the United States of America. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer. These Terms constitute the entire agreement between you and duPont REGISTRY relating to your access to and use of duPont REGISTRY Services. These Terms, and any rights granted hereunder, may not be transferred or assigned by you without duPont REGISTRY’s prior written consent. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and duPont REGISTRY’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.