Terms & Conditions of Use of Diversified Consumer Services (Revised 03/15/2018)
1 ACCEPTANCE Your access to and use of DiversifiedConsumer.Com is subject exclusively to these Terms and Conditions. DiversifiedConsumer.Com is a the website of Diversified Consumer Services, not a company itself, therefore Diversified Consumer Services is the legal entity responsible for this website and its management. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
3 LEGAL ADVICE The contents of DiversifiedConsumer.Com website do not constitute advice and should not be relied upon in making or refraining from making, any decision. All material contained on DiversifiedConsumer.Com is provided without any or warranty of any kind. You use the material on DiversifiedConsumer.Com at your own discretion.
4 CHANGE OF USE DiversifiedConsumer.Com reserves the right to: 4.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Diversified Company / Diversified Consumer Services shall not be liable to you for any such change or removal, and/or 4.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
5 LINKS TO THIRD-PARTY WEBSITES DiversifiedConsumer.Com may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
6 COPYRIGHT 6.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Diversified Consumer Services or otherwise used by Diversified Consumer Services and/or its parent company as permitted by law. 6.2 In accessing the Website you agree that you will access the content solely for the purpose of reviewing purchasing options and purchasing. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
7 LINKS TO AND FROM OTHER WEBSITES 7.1 Throughout this Website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this Website you do so at your own risk. 7.2 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed: (a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing; (b) you do not misrepresent your relationship with this website; and (c) ; the website from which you link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party. 7.3 By linking to this Website in breach of our terms, you shall indemnify us for any loss or damage suffered to this Website as a result of such linking.
8 DISCLAIMERS AND LIMITATION OF LIABILITY 8.1 The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. 8.2 To the extent permitted by law, Diversified Company nor any of its divisions will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website. 8.3 Diversified Company nor any of its divisions makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive. 8.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Diversified Consumer Services or its parent company for death or personal injury as a result of the negligence of Diversified Consumer Services or its parent company or that of its employees or agents.
9 INDEMNITY You agree to indemnify and hold Diversified Consumer Services and its parent company, divisions, and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Diversified Consumer Services, nor its parent company, nor any of its divisions arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
10 SEVERANCE If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
11 WAIVER If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.
12 GOVERNING LAW These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Indiana and of the United States and you hereby submit to the exclusive jurisdiction of the United States courts.
13 PAYMENTS MARKED "IN FULL" Payments marked “PAID IN FULL” when an account is, in fact, not paid in full legally nullify the statement or any similar statement on a payment instrument. Items returned by your bank as “NSF” (Non-Sufficient Funds) or any variation, or “ACCOUNT CLOSED”, “PAYMENT STOPPED”, or any variation, or returned for any reason will result in a $30 Returned Item Fee. Habitual problems with receiving checks from a customer can result in being required to make payment only in the form of a money order or certified funds. Checks that are not signed can and will legally be deposited.
14 POST-DATED CHECKS Some customers will send one or more post-dated checks to save time, money, and so as not to forget a future payment. In the event that you have notified us in advance and have received a confirmation number from a representative that you are sending in one or more post-dated checks, we agree not to deposit the check(s) until the date on the check(s). Should we deposit the check(s) prior to the post-dated date, we will reimburse you for any verified fees you incur within 5 business days from proof of fees. We encourage you to also highlight or circle the date on the check as a safety. If you send a post-dated check without a confirmation number from a representative, you MUST highlight or circle the date. If you do not, and we deposit the check(s) prior to the date, we will not be liable for any fees incurred including fees that result owed to us, if any. BY LAW, post-dated checks are not legally binding, and neither the payee nor the bank on either side are obligated to delay depositing a post-dated check unless an agreement, such as these terms listed, is in effect. A bank does have the right, however, to disallow a post-dated check to be deposited ahead of schedule, but they are not liable for depositing one with or without a policy in place.
15 STALE-DATED CHECKS Stale-dated checks used to apply to any check over a certain number of days old. Sometimes that was 180 days, even 365 days. Changes in the law called Check 21 changed the rules. Now, there is legally no such thing as a “Stale-Dated Check” unless either the bank has a policy not to accept checks dated after a certain number of days has passed or if the check is pre-imprinted with a “Void Clause” such as “VOID AFTER 90 DAYS”. In other words, if you backdate a check or we receive it long after it was written, for whatever reason, we will deposit the check unless you have a zero balance or unless you have previously notified us of a stop-payment being placed on the check because it was thought to be lost, assuming you have a confirmation number on file from a representative. If this type of check is returned, we will charge a $30 Returned Item Fee unless we erroneously deposit it in the scenario where you have a confirmation number.
16 TIME LIMITATION ON RETURNED ITEMS WE LIMIT the amount of time we will wait for a returned check to be repaid to us. The limits are based on a combination of company policy as well as the statute of limitations within Indiana and within your state. We do not hesitate to take legal action against those that leave a returned check unpaid up to and including prosecution, with liability of all court costs, appearance fees, etc., being passed on to you. Please don’t put us in a position to have to follow through with this. Speak with a representative IMMEDIATELY to make arrangements to rectify this matter.
17 CONVERSION OF PAPER CHECK TO ELECTRONIC DEBIT At our option, we may convert your check payment into an electronic debit. This means money may be debited out of your bank account sooner than when a paper check is deposited. If we convert your check into an electronic debit and it is returned to us for any reason, we reserve the right to debit a $30 Returned Item Fee electronically. An electronic debit may not show the check number on your check. We mark all physical checks that are converted into electronic debits so that the paper check cannot be deposited. In the event that a physical paper check we have converted into an electronic debit is deposited, we assume full responsibility for costs associated with the error.
18 OUR CONTACT DETAILS
Diversified Consumer Services
6212 US Hwy 6 Ste 184
Portage, IN 46368-5057