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DANA Foundations

Terms of Service

Restored from the archived DANA terms page. This page reproduces the archived website terms; it is not legal advice.

Legal Notice

All notices from DANA to you may be posted on our website and will be deemed delivered within thirty (30) days after posting. Notices from you to DANA shall be made either by regular mail, sent to the address we provide on our website, or first-class mail to our address at:

Delivery shall be deemed to have been made by you to DANA five (5) days after the date sent.

Copyright Notice

All content appearing on this website is the property of DANA. Copyright © 2024 DANA. All rights reserved. You are authorized only to view, copy, print, and distribute documents on this website for informational purposes, provided every copy includes this copyright notice.

Trademarks

All brand, product, service, and process names appearing on this website are trademarks of their respective holders. Reference to or use of any product, service, or process does not imply recommendation, approval, affiliation, or sponsorship by DANA. Nothing herein grants any license or right under any patent, copyright, trademark, or other intellectual property right of DANA or any third party, except as expressly granted.

Terms of Use

This website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may change or be updated without notice. DANA reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including if DANA believes customer conduct violates applicable law or is harmful to DANA’s interests.

Privacy Policy

The archived Terms of Service page repeats its Terms of Use text under the Privacy Policy heading and does not provide a separate privacy policy. For questions about privacy, please contact DANA at (808) 799-9156 or by mail at 91-350 Makalea Street, Unit 58, Ewa Beach, Hawaii 96706.

Shipping and Delivery

The archived Terms of Service stated that DANA shipped to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the U.S. Virgin Islands, and to Canada and Mexico, but not other international locations. The risk of loss and title for merchandise ordered on the website passed to the customer when the merchandise was delivered to the shipping carrier.

International Customs and Import Duties

Customs and import duties may be applied to international orders when a shipment reaches its destination. Such charges are the responsibility of the recipient and vary by country. Contact your local customs office for details.

Shipping laws differ by country. It is your responsibility to check with your customs office to verify whether the destination country permits shipment of the products. DANA is not responsible for damages arising from improper international shipping practices.

Sales Tax

The archived terms state that DANA charges sales tax on merchandise orders based on the applicable state sales tax rate and the shipping destination.

Warranties

Website content is compiled from a variety of sources and may change without notice, as may products, programs, offerings, or technical information. DANA makes no representation or warranty regarding the completeness, quality, or adequacy of the website or content, or the suitability, functionality, or operation of the website. By using the website, you assume the risk that content may be inaccurate, incomplete, offensive, or may not meet your needs.

DANA specifically disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to these web pages and content. To the extent permitted by law, DANA will not be liable for special, indirect, incidental, or consequential damages.

The archived page also included an “OR Depending on State” alternative warranty statement. It described the information and content as provided “as is,” disclaimed implied warranties, and stated that product warranties, when provided, are provided by the advertiser or manufacturer rather than DANA. Product and service descriptions are the responsibility of the companies providing the information. Inclusion of material does not imply endorsement by DANA. The archived language also cautioned that materials may contain inaccuracies or unauthorized changes and advised checking with the advertiser before relying on representations.

Return Policy

The archived page states that merchandise may be purchased using the payment options listed in a separate “Payment Options” link, and that DANA reserves the right to change payment procedures without prior notice. The archived page does not specify return or refund procedures.

Miscellaneous

Void where prohibited: although website information may be accessible worldwide, not all products or services are available to all persons or in all locations or jurisdictions. DANA and advertisers reserve the right to limit products or services by person, geography, jurisdiction, or quantity. Offers are void where prohibited.

Governing law: the archived terms state that the law of the state where DANA is registered applies, and that parties consent to the jurisdiction of that state’s courts or, for diversity of citizenship, the United States District Court for the (District). The archive contains this incomplete placeholder, which is reproduced here for accuracy.

The Terms and Conditions constitute the entire agreement between you and DANA regarding this website and supersede prior or contemporaneous electronic, oral, or written communications and proposals on the subject. Changes are effective only when authorized by DANA. If any provision is contrary to law, it should be construed to reflect the parties’ intentions as closely as possible, with remaining provisions in effect.

The archived Terms of Service contains incomplete or template language in several places. DANA should have counsel review this page before relying on it as current policy.