Online Policies and Terms and Conditions
From time to time we may modify these terms and conditions by posting modified terms and conditions. If you visit or shop at our site after such modified terms and conditions are posted, you agree to accept the modified terms and conditions. If you do not accept the modified terms and conditions, please leave this site now.
Order and Acceptance: By submitting an order, you offer to purchase the products or services you select and submit to us. It is within our discretion to accept or reject your order. Your payment for products, services, shipping or sales tax relating to your order is due upon the submission of your order. If we accept your order, we will charge you for the products and services. If we do not accept your order, we will not charge you for the products or services. If you need to change or cancel an order, please contact us at email@example.com or phone us at 937-813-1950.
Product and Service Descriptions: DLMDriveUp.com and its affiliates attempt to be as accurate as possible. However, neither DLMDriveUp.com nor its affiliates warrant that product or service descriptions or other content of this site is accurate, complete, reliable, current or error-free.
For orders placed on DLMDriveUp.com (excluding online grocery shopping orders), you will be charged the prices quoted for the products and services at the time you submit your order to us. For orders placed on our online grocery shopping website, your order will be charged on the day your order is scheduled for pickup or delivery. The prices on this site do not necessarily match the prices in our stores. If we make a mistake in pricing our products or services, you will be charged the correct price for such products or services.
Your Account: If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You warrant to us that your use of any credit card to buy products or services through this site is authorized and legal.
Information Reporting: It is your responsibility to notify us of any changes to your registration details, including credit card details. You are also responsible to notify your bank of any loss, theft or unauthorized use of your credit card.
Satisfaction Guarantee: Dorothy Lane Market believes in making customers the number one priority. We guarantee our customers’ satisfaction. If, for any reason, you are not completely satisfied with your product or service, we will either replace the product or refund your money.
Right to Refuse Service: We reserve the right to refuse service to anyone, with or without cause.
Ownership and Copyright: We or our content providers own all of the content on our site, including, without limitation, all software, services, products, resources, information, data, photographs, graphics, video and audio clips, text, images, typefaces, content and other materials on this site (the “site content”). Dorothy Lane Market, Inc. All Rights Reserved, unless otherwise marked.
When using this site, you may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, copy, upload, distribute, or in any way exploit any of the site content, in whole or in part, except as expressly provided below. You are permitted to download one copy of the site content for your personal, non-commercial use. You cannot copy or post the site content on any network computer or broadcast it in any media. You also must maintain any notices contained in the site content, such as all copyright notices, trademark legends, or other proprietary rights notices.
All rights not expressly granted herein are reserved to our content providers and us.
Trademarks: All trademarks, trade names, service marks, logos, phrases and designs (including, without limitation, all page headers, custom graphics, button icons and scripts) used on this site (collectively, the “Marks”) are proprietary to Dorothy Lane Market, Inc., or other respective owners that have granted Dorothy Lane Market the right and license to use such Marks. You may not copy, imitate or use, in whole or in part, any of the Marks.
Submissions: We are always very happy to hear from our customers. If you send us anything unsolicited, in the form of comments, suggestions, ideas, materials, concepts, questions or other information, these submissions and all the intellectual property rights contained therein shall be deemed and remain our exclusive property without any obligation to compensate you. You agree that we shall not be under any obligation whatsoever to return any unsolicited submissions from you. You hereby assign to us all of your rights and title (including intellectual property rights) in such unsolicited submissions.
You agree that we shall be entitled to the unrestricted use of the unsolicited submissions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other provider of the unsolicited submissions. You agree that we shall not be required to treat the unsolicited submissions as confidential.
General Site Use: This site is provided to individuals for personal use only. Any commercial use of this site is expressly prohibited. You agree to abide by all laws relating to use of this site. You are prohibited from posting on or transmitting through this site any illegal, obscene, defamatory, abusive, hateful, sexually or racially or ethically discriminatory or otherwise objectionable or harmful material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national, or international law. Furthermore, we will not permit any conduct by you that we believe, in our sole discretion, restricts or inhibits any other user from using or enjoying this site. Information posted should not infringe the intellectual property rights of any third parties. You may not alter, modify or delete information posted by other users. You may not interfere with this site, including but not limited to, unauthorized access of data, attempting to breach the security of this site, interference with other users or this site, or sending unsolicited E-mail through this site. You may not collect information about others, including others’ E-mail addresses, without their consent.
No Warranty and Warranty Disclaimer: WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THIS SITE IN TERMS OF ITS ACCURACY, RELIABILITY, SUITABILITY OR OTHERWISE. FURTHERMORE, THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND WE DO NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OR EXPERIENCE OF THIS SITE. THIS SITE IS PROVIDED “AS IS” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THOSE CONCERNING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT RELIANCE ON ANY INFORMATION PROVIDED ON THIS SITE, WHATEVER ITS SOURCE, AND ALL USE OF (OR INABILITY TO USE) THIS SITE IS SOLELY AT YOUR OWN RISK.
Limitation of Liability: UNDER NO CIRCUMSTANCES SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES OR RELATED COMPANIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER TYPE OF DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THIS SITE (OR INABILITY TO DO SO) IN ANY MANNER. YOU AGREE THAT OUR TOTAL LIABILITY FROM OR RELATED TO YOUR USE OF AND ACCESS TO THIS SITE, WHETHER THE FORM OF ACTION OR CLAIM IS IN CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE IS LIMITED TO THE PURCHASE PRICE OF ANY PRODUCTS AND SERVICES YOU PURCHASED FROM US IN THE APPLICABLE TRANSACTION.
Exclusions and Limitations: Because some jurisdictions do not allow the exclusion of certain warranties or exclusions or limitations of liability for consequential or incidental damages, some of the above exclusions or limitations may not apply to you.
Indemnification: You agree to indemnify and hold us, our officers, directors, employees, subsidiaries, affiliates and related companies harmless from and against any claim or demand, liabilities and settlements, including reasonable attorney’s fees, made by any third party due to or arising out of the unsolicited submissions, content you submit, post to or transmit through this site, your use of this site, your connection to this site, your violation of these terms and conditions or your violation of any rights of another in connection with your use of this site.
Links: This site may contain links to other web sites. We provide the links to you only as a convenience. You acknowledge that we do not endorse and are not responsible for the content of such other sites. You further acknowledge that we are not liable for any loss or damage in connection with such other sites.
Access and Termination: You agree that we may, in our sole discretion, terminate your password, account or access to this site, and remove and discard any site content, for any reason. We may also discontinue providing this site, or any part of it, with or without notice. You agree that any termination of your access to this site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and password and all related information and files or bar further access to such files. Further, you agree that we shall not be liable to you or any third party for any termination of your access to this site. Notwithstanding termination of your access to this site, you will still be liable for the payment of any amounts due or other obligations incurred before termination, whether your use of this site is terminated by you or us. Termination of your access to this site does not terminate the applicability of these terms and conditions, the appropriate provisions of which shall survive in perpetuity (as modified).
Use Outside the United States: We are based in Dayton, Ohio, in the United States of America. We make no claim that the site content is appropriate, or may be downloaded, outside of the United States. Access to the site content may not be legal by certain persons in certain countries. If you access this site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Jurisdiction and Governing Law: These terms and conditions are governed by and shall be interpreted under the laws of the State of Ohio, U.S.A., notwithstanding its conflicts of law principles. All disputes or claims arising out of use of this site will be resolved in the Federal District Court for the District of Ohio or in Southern District Court of Ohio, Dayton. Miscellaneous: If any provision of these terms and conditions is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provisions. Waiver by us of any breach under these terms and conditions shall not affect or impair our rights with respect to any subsequent breach of the same, similar, or of a different nature. Our failure to exercise or enforce any right or provisions of these terms and conditions shall not constitute a waiver of such right or provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this site, the site content, or the terms and conditions must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in these terms and conditions of use are for convenience only and have no legal or contractual effect. The provisions of the terms and conditions of use shall be binding on and inure to the benefit of both your successors and assignees and our successors and assignees.
OUR PROMISE TO YOU: Dorothy Lane Market respects your privacy, and we assure you that we take the protection of your personal information very seriously. This policy explains what information we collect from your use of this Site, how we use that information, and how we protect your privacy. The information we receive from you depends on what you do when you visit the Site. Except as described in this policy, we do not sell, rent, share or disclose your personally identifiable information with any other organizations.
If you would like to speak to someone directly about your information, how it is used, and more, please call us directly at 937-813-1950.
INFORMATION COVERED BY THIS POLICY:
By using DLMDriveUp.com and its sub-domains, you agree to the collection and use of your information under this Policy. There is some personal information you voluntarily share with us, including:
• Email address
• Postal address
• Username and password
• Telephone number
• Other household information about you and your family such as gender, product preferences, and purchases.
• Communication preferences
• Telephone number and recording when you call our consumer line
• IP address
• Web pages you view
• Links you click
This information is not linked to personally identifiable information. This information is used to compile aggregate statistics about the total number of daily visitors to our Site, the pages most frequently visited and how long you stay at each page. By collecting this information we get a better understanding of your needs and what products and services we can develop to meet those needs. All the information we gather helps us understand your preferences so we can continually improve your online experience with us.
HOW DLM DRIVE-UP USES THIS INFORMATION: We use the information we collect to provide you products, offers and services, to deliver you advertisements, offers or other content tailored to your interests and shopping patterns. The following are examples of how we may use the information we collect: • Answer your questions or respond to your requests
• Develop new products and services
• Enroll you in contests, programs or offers that you request
• Create and manage your account
• Process payment for purchases or other services
• Send you email and/or postal messages with information about products, deals, or other content we think may be of interest to you
• Develop and provide advertising and promotions tailored to your interests
• Allow you to participate in social sharing on our websites
We rely on third-party service providers to perform a variety of business operations on our behalf. In so doing, we may need to share your personal information with them. We provide our service partners with only the personal information they need to perform the services we request, and we require that they protect the information and not use it for any other purpose. For example, we may rely on a service provider to:
• Answer your questions
• Host our sites and deliver our email and other communications
• Communicate food safety and recall information
• Conduct research and analyze data to improve products, services and sites
YOUR CHOICES & ACCESS TO YOUR INFORMATION:
We give you choices about how we communicate with you.
We only send you promotional email messages if you explicitly ask to receive these (opt in). You can stop receiving promotional email messages by following the opt-out instructions provided in any message you receive.
You can stop receiving promotional postal mail via email at dlm@Dorothylane.com.
Mobile text messages:
We only send you promotional mobile text messages if you explicitly ask to receive these (opt in). You can stop receiving promotional text messages by following the instructions to opt out provided within the text messaging program.
We take steps to keep your personal information accurate. Our programs provide you access to view and update the personal information you provided when you registered online.
Dorothy Lane Market is committed to keeping personal information secure. We have implemented technical, administrative, and physical procedures designed to protect personal information from loss, misuse or alteration. Our Site uses Secure Socket Layer (SSL) encryption to help ensure that your personal information cannot be read as it passes over the Internet, including your credit card number. We also require our credit card transaction processor to use adequate security and encryption technology to ensure the safety and security of your personally identifiable information. We limit access to personal information to those who have a business need. We keep personal information only for so long as deemed reasonably necessary.
CHILDREN’S ONLINE PRIVACY:
Protecting the privacy of children is very important to us. For that reason, our Site does not solicit, collect or maintain personally identifiable information from users we actually know are under age 13.
FEEDBACK ABOUT OUR SITE:
We welcome all feedback about our Site, products, and services. Please share your comments by sending us an E-mail at dlm.com and let us know if you’d like us to respond. The content of any comments, suggestions, questions, information and feedback received Dorothy Lane Market will be deemed to be non-confidential. Any comments or materials sent to DLM Drive-Up through this Site, including all feedback, questions, comments, suggestions, questionnaires and the like, shall become the sole property of Dorothy Lane Market. Dorothy Lane Market shall be free to use any such suggestions, comments, concepts and the like for any and all purposes of its sole choosing, without payment of any compensation.
The Site may include links to other sites on the Internet that are owned and operated by vendors and other third parties (the “External Sites”). You acknowledge that Dorothy Lane Market is not responsible for the availability of, or the content, products, services, information or materials located on or available through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding any matter related to or available from such External Sites, including without limitation, the privacy practices of such sites.
CONSENT & MODIFICATIONS TO THIS POLICY:
If you have questions or concerns regarding your privacy, please contact Dorothy Lane Market directly. You can email us at dlm@dorothyLane.com . You can also write to us at:
6149 Far Hills Ave
Dayton, OH 45459
Last updated: January 2019