Terms of Conditions and Use

1. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Website.  You acknowledge that you may not rely on any content on the Website.
2. Original SANDDUNE™ and Third Party Intellectual Property. Our Website contains Content of Original SANDDUNE™ (“SANDDUNE Content“), which is protected by copyright, trademark, patent, trade secret and other laws. Original SANDDUNE™ owns and retains all rights, title and interest in the Original SANDDUNE™ Content.  Those portions of the Site and the Services owned by Original SANDDUNE™ are the copyright of Original SANDDUNE™.  All rights reserved©.  You agree that all of Original SANDDUNE™’s trademarks, trade names, service marks, logos and service names are trademarks and are property of Original SANDDUNE™ (the ” Original SANDDUNE™ Marks“).

1. Other Sites. Our Website may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their website. Original SANDDUNE™ does not assume any responsibility or liability for the actions, product, and content of any such website. Before you use any third party website, you should review the applicable terms of use and policies for such website. The inclusion of a link in our Website does not imply Original SANDDUNE™’s endorsement of such third party website. If you decide to access any such linked website, you do so at your own risk.
2. Notice And Procedure For Copyright Infringement Claim.  Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the “Act”), Original SANDDUNE™ reserves the right, but not the obligation, to terminate your right to use the Website if Original SANDDUNE™ determines in its sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing.  Original SANDDUNE™ accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.  In addition, pursuant to 17 U.S.C. Section 512(c), as amended, Original SANDDUNE™ has implemented or will implement procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act.
3. Disclaimer of Warranties. You expressly understand and agree that:YOUR USE OF THE WEBSITE AND THE SERVICE IS AT YOUR SOLE RISK. THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ORIGINAL SANDDUNE™ AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT-ABILITY, REHABILITATION, OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE SERVICE, THE WEBSITE, AND ANY THIRD PARTY WEBSITE WITH WHICH THEY ARE LINKED.ORIGINAL SANDDUNE™ AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES); (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR SERVICE WILL MEET YOUR EXPECTATIONS; (V) ANY ERRORS IN THE SITE OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED, AND (VI) THE SITE AND ITS CONTENTS AND SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITE OR THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ORIGINAL SANDDUNE™ OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
4.  Limitation on Liability. To the fullest extent permitted by applicable laws, in no event will Original SANDDUNE™, its affiliates, subsidiaries, employees, agents, suppliers, or contractors be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising  from or in connection with the use of the Service, the Website or any website with which they are linked, even if Original SANDDUNE™ has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Original SANDDUNE™ liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Original SANDDUNE™ for the Services.  Otherwise, if you are dissatisfied with any portion of the Website, or with this Agreement, your sole and exclusive remedy is to discontinue using the Website.  Without limiting the generality of the foregoing, Original SANDDUNE™ will not be liable for:• the contents of any communication, message, or information posted by you or other third parties;
   • the content of any website not controlled, owned, or operated by Original SANDDUNE™ that is accessed from or linked to this Website;
   • the content, services or information provided by any website purporting to be operated by Original SANDDUNE™ or its affiliates, but not actually affiliated with, controlled, owned, or operated by Original SANDDUNE™; and
   • any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure.You further specifically acknowledge that Original SANDDUNE™ is not liable, and you agree not to seek to hold Original SANDDUNE™ liable, for the conduct of third parties, including other users of the Services and operators of external websites and that the risk of use of the Services and external websites and of injury from the foregoing, rests entirely with you.
5. Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.
6. Indemnity. You agree to indemnify, defend, and hold harmless Original SANDDUNE™, its affiliates, subsidiaries, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms of this Agreement; your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity; your use of the Website; or your connection to the Website. Original SANDDUNE™ will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
7. Additional Terms. We may also require you to follow additional rules, guidelines or other conditions (“Additional Terms”) in order to participate in certain promotions or activities available through our Website, to obtain certain premium Content through our Website, or for other reasons. In addition, certain Additional Terms will govern any purchases you make through the online stores located on our Website. These Additional Terms will be posted on the relevant portions of our Website or on the portions of our Website that describe the specific promotions, Content, or activities. These Additional Terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, purchase items from our online stores, or otherwise  engage in activities governed by such Additional Terms.
8. Modification and Discontinuation. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or our Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or our Website.
9. Entire Agreement. This Agreement, together with any other terms or policies referenced herein (including without limitation the Privacy Policy and Additional Terms), constitutes the entire agreement between you and 25.     Additional Terms. We may also require you to follow additional rules, guidelines or other conditions (“Additional Terms”) in order to participate in certain promotions or activities available through our Website, to obtain certain premium Content through our Website, or for other reasons. In addition, certain Additional Terms will govern any purchases you make through the online stores located on our Website. These Additional Terms will be posted on the relevant portions of our Website or on the portions of our Website that describe the specific promotions, Content, or activities. These Additional Terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, purchase items from our online stores, or otherwise engage in activities governed by such Additional Terms.
10. Modification and Discontinuation. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or our Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or our Website.
11. Entire Agreement. This Agreement, together with any other terms or policies referenced herein (including without limitation the Privacy Policy and Additional Terms), constitutes the entire agreement between you and Original SANDDUNE™ and governs your use of the Website and Service, superseding any prior agreements between you and Original SANDDUNE™ with respect to the Website and Service.

The Original SANDDUNE™