Customer Care
Customer Care

Terms of Use

UPDATED DECEMBER 15, 2015

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 Content, Images, Reviews, Feedback, Submissions
We welcome user reviews, images, comments, information and submissions. You and other users of this Site may have an opportunity to post on this Site certain ideas, concepts, reviews, information, data, text, music, sound, photographs, graphics, video, messages and/or comments on our products, advertising and other promotional materials or events facts, advice, "tips", opinions and other material (collectively, "User Content"). All User Content that you post to this Site will be treated as non-confidential and non-proprietary to you and may be viewed by you and/or others users of this Site. For any User Content that you submit to this Site or allow to be posted on this Site, you grant DHC a worldwide, perpetual, irrevocable, royalty-free, sublicenseable and transferable right and license to use, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such User Content and/or incorporate such User Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms of Use and your use of the Site. For example, your User Content could be used on the Site and in radio, television, print advertisements, online advertisements and/or in social media outlets. Your first name, first initial of your last name and/or screen name or username, age, and town and state may be used with any User Content you submit.

We cannot guarantee that other users will not copy, modify, distribute or otherwise use the User Content that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it to this Site. We are not responsible for any user's misuse or misappropriation of any User Content you post or allow to be posted on this Site.

By submitting any User Content or allowing it to be posted on the Site, you represent and warrant that: (1) you understand and agree that you are participating in a public forum and your User Content will be available to all other users of this Site and potentially to third parties and third party websites not affiliated with DHC; (2) you own or otherwise control any and all rights in and to your User Content and that our public posting and use of that User Content will not infringe or violate the rights of any third party in any manner, including without limitation any privacy rights, publicity rights, copyrights, contract rights or any other intellectual property or proprietary rights; (3) all "moral rights" you may have in your User Content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with your User Content, or any derivative works of or upgrades or updates thereto; and (4) your User Content:

  • is not false, inaccurate or misleading;
  • does not violate any obligations you may have with respect to your User Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
  • is not submitted for compensation or other consideration from any third party;
  • does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
  • Complies in all respects with these Terms of Use and our Privacy Policy;
  • is not unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; and
  • does not contain any computer viruses, worms or other potentially damaging computer programs or files.

DHC does not endorse any User Content or any opinion, recommendation or advice expressed therein, and DHC disclaims all liability with respect to the User Content. DHC reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use this Site and to block or prevent your future access to and use of this Site. DHC may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any User Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of DHC (and its employees), its users and the public.

Review of Submissions
DHC has no obligation to verify the identity of any users when they are connected to the Site or to supervise the User Content that has been provided by users. DHC may or may not pre-screen User Content. We, or our designees, retain the right at our discretion to modify, pre-screen, change, condense or delete any User Content on this Site. In particular, DHC and its designees will have the right to remove any User Content that we deem in our sole discretion, to violate these Terms of Use or is otherwise objectionable. DHC does not guarantee that you will have any recourse through DHC to edit or delete any User Content you have submitted. DHC reserves the right to incorporate any User Content you have submitted into any account you may have, now or in the future, as a registered user of the Site. DHC reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not DHC, are responsible for the contents of any User Content you submit.

The information and opinions expressed in User Content 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 User Content or determine whether the User Content violates the rights of others. You acknowledge that any reliance on material or User Content posted by other Users will be at your own risk. DHC is not under any obligation to maintain your User Content and/or your first name and first initial of your last name or screen name or user name with any User Contents in confidence, to pay to you any compensation for any User Content submitted, or to respond to any of your User Content. You agree you will be solely responsible for the content of any User Content attributed to you on this Site.

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, losses, damages, costs and expenses, including attorneys' fees, arising from or related to: (1) your use of the Site; (2) your User Content and/or any breach of any of the representations or warranties with respect to your User Content; or (3) 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 Content, Images, Reviews, Feedback, 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 located in the City and County of San Francisco, 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

© 2015 DHC USA Incorporated. All Rights Reserved

The Terms of Use was last updated on December 15, 2015. Please check our Terms of Use periodically for changes.

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