Customer Care

Terms of Use

Welcome to DHC. We provide this site as a service to our customers. Please read the following basic rules that govern your use of the DHC website before using our site. Please note that by using the DHC website (the "Site"), you agree to follow and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not use the Site.

Changes to the Terms of Use
DHC reserves the right to update or modify these Terms of Use at any time without prior notice to you by posting the updated Terms of Use on the Site. You confirm your acceptance of the modified or updated Terms of Use by continuing to use the Site after the new Terms of Use have been posted. For this reason, we recommend that you review these Terms of Use whenever you use the Site.

Use of the Site
DHC grants you permission to use the Site, its contents and software solely for shopping and as a resource, and for no other purpose. Any other use, reproduction, modification, distribution or republication without the prior written consent of DHC is prohibited. By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use the Site.

Copyrights
Unless otherwise noted, all Site images, text, design, graphics, logos, button icons, recipes, audio clips, video clips and the selection and arrangement thereof are the exclusive property of DHC and/or its licensors and are protected by U.S. and International copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of DHC and is also protected by U.S. and international copyright laws. All software used on this site is the property of DHC or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of this Site for the sole purpose of placing an order with DHC or using this Site as a shopping resource. Any other use of materials on this Site - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of DHC is strictly prohibited.

Trademarks
DHC, dhccare.com, all logos, all product and service names, design marks and slogans are the trademarks or service marks of DHC and may not be used in connection with any product or service that is not offered by DHC in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DHC. All other trademarks, product names and company names or logos cited herein are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on this Site.

User Reviews, Feedback, Submissions
All user-generated content, comments, feedback, suggestions and ideas disclosed, submitted or offered to DHC in connection with your use of the Site (collectively, "Comments"), shall be and remain the exclusive property of DHC and may be used by DHC in any medium and you agree to execute any documents that may be necessary for such an assignment of rights. By providing your Comments to DHC, you are expressly consenting to DHC's use of your Comments. For example, your Comments could be used on the Site and in radio, television, and print advertisements. Your first name, first initial of your last name, age, and town and state may be used with any Comments you submit.

The information and opinions expressed in Comments on this Site are not necessarily those of DHC, and DHC makes no representations or warranties regarding any Comment. DHC does not represent or guarantee the truthfulness, accuracy, or reliability of any Comments or determine whether the Comments violate the rights of others. You acknowledge that any reliance on material or Comments posted by other Users will be at your own risk. DHC is not under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any Comments) in confidence, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.

Privacy Policy
DHC protects customer information according to our Privacy Policy posted on the Site, which, as amended from time to time, is incorporated by reference to be a part of these Terms of Use.

Indemnification
You agree to defend, indemnify and hold harmless DHC and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site or any breach by you of these Terms of Use.

Termination
These Terms of Use are effective unless and until terminated by either you or DHC. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the Site. DHC also may terminate these Terms of Use at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in DHC's sole discretion you fail to comply with any term or provision of these Terms of Use.

The following sections shall survive any termination of these Terms of Use: "Copyrights," "Trademarks," "User Reviews, Feedback and Submissions," "Indemnification," "Termination," "Disclaimer" "Limitation of Liability," and "General."

Disclaimer
THIS SITE IS PROVIDED BY DHC ON AN "AS IS" AND "AS AVAILABLE" BASIS. DHC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DHC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, DHC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

PLEASE NOTE THAT, ON OCCASION DHC MAY ALTER OR UPDATE THEIR LABELS OR FORMULAS SO ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN DIFFERENT INFORMATION THAN THAT SHOWN ON OUR WEB SITE. PLEASE REFER TO THE PRODUCT LABEL FOR THE MOST ACCURATE INFORMATION.

Limitation of Liability
IN NO EVENT SHALL DHC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER IN EXCESS OF THE AMOUNT YOU PAID TO DHC FOR THE PRODUCT(S) AT ISSUE, EVEN IF DHC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Taxes
DHC does not collect sales or use tax in all states. For states imposing sales or use taxes, your purchase is subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. Details of how to file these returns may be found at the websites of your respective taxing authorities.

For Oklahoma purchasers, the tax may be reported and paid on the Oklahoma individual income tax return [Form 511] or by filing a consumer use tax return [Form 21-1]. The referenced forms and corresponding instructions are available on the Oklahoma Tax Commission website, www.tax.ok.gov. We are required to provide the notice above for Oklahoma purchases based on Oklahoma law (HB 2359) enacted in June 2010.

For South Carolina purchasers, you may owe South Carolina Use Tax on your purchases. You may visit www.sctax.org to pay the use tax or you may report and pay the tax on your South Carolina Income Tax Form. We're required to provide this notice based on South Carolina law Section 12-36-2691(E)(1).

For South Dakota purchasers, the tax may be reported and paid on the South Dakota use tax form. The use tax form and corresponding instructions are available on the South Dakota Department of Revenue website. We are required to provide the notice above for South Dakota purchases based on South Dakota law (SB 146) enacted in April 2011.

For Tennessee purchasers, purchases shipped to Tennessee may be subject to Tennessee Use Tax (T.C.A. § 67-6-210) unless an exemption exists under Tennessee law. A sale is not exempt under Tennessee law because it is made through the Internet. Payments of applicable Tennessee use tax may be made through the Tennessee Department of Revenue's Website at https://apps.tn.gov/usetax

For Vermont purchasers, the tax may be reported and paid on the Vermont use tax form. The use tax form and corresponding instructions are available on the Vermont department of taxes website. We are required to provide the notice above for Vermont purchases based on Vermont law (H 436) enacted in May 2011.

DHC does collect and remit sales tax in some states, for example California and Pennsylvania. For purchases being shipped to those states, you will see the tax calculated on the checkout page before you are asked to confirm the purchase. DHC uses reasonable commercial efforts to calculate and remit the correct amount of tax required on each taxable purchase, but we do not guarantee the accuracy of the amount of the tax we represent to you as the tax owed. Minor errors may occur owing to the inability to accurately track multiple taxing districts, state and local "tax holidays," the timing of rate changes or the application of certain taxes to categories of items we sell. As a result of any error, DHC may overcollect or undercollect your tax. In consideration of our allowing you access to and use of the Site, and in collecting and remitting taxes required on your purchases, you hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect and agree to hold harmless DHC, its officers, directors, employees, agents and representatives, for any harm or other damages you may incur as a result of our error in calculating the taxes you owe for your purchases.

General
These Terms of Use represent the complete agreement between the parties and supersede all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use shall remain in full force and effect. The failure of DHC to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit DHC's rights with respect to such breach or any subsequent breaches. These Terms of Use shall be governed by and construed under California law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to these Terms of Use or your use of this Site must be brought in the state or federal courts of California and you consent to the exclusive personal jurisdiction of such courts.

DMCA Notice
If you believe your work or content has been copied and posted to this Site in a way that constitutes copyright infringement, please provide DHC's designated copyright agent with the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on this Web site;
  • 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;
  • Your name, address, telephone number and email address (if available); and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

DHC's DMCA designated copyright agent for notice of claims of copyright infringement on this Web site is our General Counsel who can be reached as follows:

DHC USA Inc.
Attn: General Counsel
555 Montgomery Street, Suite 1400
San Francisco, CA 94111
1.800.DHC.CARE (1.800.342.2273)
Copyright©dhccare.com

© 2014 DHC USA Incorporated. All Rights Reserved

The Terms of Use was last updated on June 1, 2012. Please check our Terms of Use periodically for changes.

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