Terms and Conditions

Last updated on November 3, 2021.

These are the Terms and Conditions governing use of the Service. They describe the agreement that operates between You and Us and Your rights and obligations regarding use of the Service.

Definitions and Interpretation

Definitions

Capitalized words have meanings as follows.

• Affiliates refers to all entities that control, are controlled by, or are under common control with a party, where control means owning 50% or more of the shares, equity interest, or other securities entitling voting for election of directors or other managing authorities.

• The Service refers to the Dalmer Group website, accessible by https://dalmergroup.com.

• We refers to Dalmer Group, LLC, 192 North Main Street, Saint Albans, VT, 05478, USA.

• You refers to the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Interpretation

Each of the preceding explanations projects trivially to other forms.

Acknowledgments

Your use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who use the Service.

By using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not use the Service.

You represent that You are over the age of 18. We do not permit those under 18 to use the Service.

Your use of the Service is also conditioned on Your acceptance of and compliance with Our Privacy Policy. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your information when You use the Service. Please read Our Privacy Policy carefully before using the Service.

Links to Other Websites

The Service may contain links to other websites or services that are neither owned nor controlled by Us. If You click on such a link, You will be directed to that third-party website or will engage that third-party service.

We have no control over and assume no responsibility for the content, policies, and practices of any third-party website or service.

We strongly advise You to review the privacy policy and terms and conditions of every website You visit and every service You engage.

You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available or represented as available on or through any third-party website or service.

Termination

We may terminate or suspend Your use of the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, Our entire liability and the liability of any of Our Affiliates under any provision of these Terms and Conditions and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall We or Our Affiliates be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to use of or inability to use the Service, for third-party software and/or third-party hardware associated with the Service, or otherwise in connection with any provision of these Terms and Conditions), even if We or any of Our Affiliates has been advised of the possibility of such damages and even if a remedy fails its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

AS IS and AS AVAILABLE Disclaimer

The Service is provided to You AS IS and AS AVAILABLE and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, We, on Our own behalf and on behalf of Our Affiliates and Our and their respective licensors and service providers, expressly disclaim all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, performance, usage, or trade practice. Without limitation to the foregoing, We provide no warranty or undertaking, and make no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, or systems or services, operate without interruption, meet any performance or reliability standards, be free of errors, or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Us nor any of Our Affiliates makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or free of errors; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, content, or emails sent from or on behalf of Us are free of viruses, scripts, Trojan horses, worms, malware, time bombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on the applicable statutory rights of consumers, so some or all of the above exclusions and limitations may not apply to You. But in such cases the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the State of Vermont in the United States of America, and the United States of America, excluding their conflict of law rules, shall govern these Terms and Conditions and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.

Dispute Resolution

If You have any concerns or disputes associated with the Service, You agree to first try to resolve the dispute informally by contacting Us.

European Union (EU) Users

If You are a European Union (EU) user, you will benefit from any mandatory provisions of the law of the country of which you are a resident.

United States Legal Compliance

You represent and warrant that (i) You are not residing in a country that is subject to a United States government embargo or that has been designated by the United States government as a state sponsor of terrorism, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waivers

Severability

If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish its objectives to the greatest extent possible under applicable law and the remaining provisions of these Terms and Conditions will continue in full force and effect.

Waivers

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms and Conditions shall not effect a party's ability to exercise such right or to require such performance at any time thereafter, nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Interpretation of Translations

These Terms and Conditions may have been translated.

You agree that the original English (United States of America) text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to change these Terms and Conditions at any time. If a change is material We will make reasonable efforts to provide at least 30 days' notice prior to any revised Terms and Conditions taking effect. What constitutes a material change will be determined by Us, at Our sole discretion.

By continuing to use the Service after changes to these Terms and Conditions become effective, You agree to be bound by the revised Terms and Conditions. If You do not agree to the revised Terms and Conditions, in whole or in part, please stop using the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact Us as follows.

• By email: reception@dalmergroup.com.

• By mail: Dalmer Group, 192 North Main Street, Saint Albans, VT, 05478, USA.