DCI Parts Express Terms of Use

Last updated: January 16th, 2025

Dynamic Controls, Inc. and/or its affiliates ("DCI", "we" or "us") operate an online store ("DCI Parts Express") located at 1dci.com from which you may purchase products.

These Terms of Use apply only to the content and functionality of the DCI Parts Express website, and to the products purchased through the website.

1. Information that you provide to us

You may give us information about yourself when you visit the DCI Parts Express website. Our Privacy Policy explains our practices with respect to that information. We may need to send you email and text messages in order to, for example, verify your identity or provide you with important information. You authorize us to send those messages when you visit the DCI Parts Express website and provide your contact details. Standard text or data charges may apply to text messages. Where offered, you may disable text message notifications by responding to any such message with "STOP", or by following instructions provided in the message. However, by disabling text messaging, you may be disabling important security controls and may increase the risk of loss to your business.

2. DCI Parts Express IP

As between you and DCI, DCI and its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the DCI Parts Express website (collectively, "DCI Parts Express IP"). DCI Parts Express IP is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in DCI Parts Express IP not expressly granted to you in these Terms of Use are reserved.

You may choose to or we may invite you to submit comments or ideas about improvements to the DCI Parts Express website or our products or services ("Ideas"). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that DCI has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.

3. Access to DCI Parts Express

DCI grants you a limited, revocable, non-exclusive, non-transferable license to access the DCI Parts Express website. This license does not include a right to use any of the content and information, including product listings. Your permissions and/or licenses are automatically terminated by any unauthorized use.

4. Products, Content and Specifications

Details of the products and services available for purchase in the DCI Parts Express website ("DCI Parts Express Products") are set out in the DCI Parts Express website. All features, content, specifications, products and prices of products and services described or depicted in this DCI Parts Express website are subject to change at any time without notice. Unless expressly noted, all weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown, and the appearance of a product in reality may differ from its appearance to you on the DCI Parts Express website due to the limitations of the systems that you use to access the DCI Parts Express website. The inclusion of any products or services in the DCI Parts Express website at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.

5. Your account

We may require that you create an account to access the DCI Parts Express website, including to make purchases. If we do so, you must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity, including any purchases made, under your account. We reserve the right to terminate your account at any time and for any reason.

6. Shipping and returns

This Section 6 applies to DCI Parts Express Products that are physical goods. For clarity, this Section 6 applies despite any contrary terms in any invoice or purchase order.

Orders are shipped using carriers selected by DCI. The shipping fees you will be charged, if any, will be provided to you before you confirm your order. If we provide you with an estimated shipping date, the estimated delivery date is not guaranteed, and inventory shortages or events beyond our control could impact the delivery date. DCI is not liable for delivery later than the estimated delivery date, or for any loss, damage, or penalty you may incur from a delay in shipment or delivery.

Unless otherwise noted in the product description, DCI Parts Express Products may be returned in their unopended original packaging and condition (including all accessories and components provided) within 30 days of purchase. A 20% restocking fee will be charged for returned, unopened/uninstalled items. To begin the return process, please contact us. Return shipping instructions will be provided. The customer is responsible for return shipping costs.

7. Sanctions and export policy

You may not use the DCI Parts Express website or purchase any DCI Parts Express Products in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC). We do not claim, and we cannot guarantee that the DCI Parts Express website or any DCI Parts Express Product is or will be appropriate or available for any location or jurisdiction, comply with the laws of any location or jurisdiction, or comply with laws governing export, import, or foreign use.

8. No warranties

We provide the DCI Parts Express website, DCI Parts Express IP and DCI Parts Express Products "as is" and "as available", without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by DCI or obtained by you from or through the DCI Parts Express website - whether from DCI or another entity, and whether oral or written - creates or implies any warranty from DCI to you.

DCI disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through the DCI Parts Express website; (b) that the DCI Parts Express Products will meet your specific needs or requirements; (c) that the DCI Parts Express website will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that DCI will correct any defects or errors in the DCI Parts Express website; or (e) that the DCI Parts Express website is free of viruses or other harmful code. Use of data, products or services that you access, purchase or download through the DCI Parts Express website is done at your own risk - you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase or download.

Nothing in these Terms of Use operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law to the extent that doing so would: (a) contravene that law; or (b) cause any term of this agreement to be void.

9. Limitation of liability

Under no circumstances will DCI be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the DCI Parts Express website or for the unavailability of the DCI Parts Express website, or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms of Use or your use of the DCI Parts Express website, even if such damages are foreseeable, and whether or not you or the DCI has been advised of the possibility of such damages. DCI is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of the DCI Parts Express website or your failure to use or implement anti-fraud measures, security controls, or any other data security measure. DCI further denies responsibility for all liability and damages to you or others caused by (a) your access or use of the DCI Parts Express website inconsistent with our instructions; (b) any unauthorized access of servers, infrastructure, or data used in connection with the DCI Parts Express website; (c) any bugs, viruses, or other harmful code that may be transmitted to or through the DCI Parts Express website; (d) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (e) third-party content provided by you; or (f) the defamatory, offensive, or illegal conduct of others.

10. Applicable law

By using the DCI Parts Express website, you agree that the laws of the state of Missouri, USA, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and DCI.

11. Modification and severability

We have the right to change or add to the terms of these Terms of Use at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of the DCI Parts Express website by posting such changes on our website or any other website we maintain or own. You can access a copy of the current version of these Terms of Use on our website at any time. You can find out when these Terms of Use were last changed by checking the "Last updated" date at the top of the page.

12. Our address

Dynamic Controls, Inc.

1836 Lackland Hill Parkway,

Saint Louis, Missouri, 63146, USA

1dci.com