Terms & Conditions

DD Traders, Inc., d/b/a DEMDACO ("DEMDACO") owns and/or operates several websites related to the WILLOW TREE brand, including willowtree.info (collectively, the "Websites"). By accessing or using any of the Websites, you agree to these Terms of Use. If you do not agree to the terms of this Agreement, you may not use the Websites. Accessing and/or downloading content from any of the Websites constitutes your agreement to be bound by the Agreement as outlined and modified from time to time. DEMDACO reserves the right to amend this Agreement at any time. All amendments will automatically go into effect on the day after their initial posting on any Website. Use of any Website subsequent to such posting shall constitute your agreement to all such amendments. This Agreement may not otherwise be amended or altered except in a writing signed by both you and an authorized representative of DEMDACO. You should periodically visit this page to review amendments.

Access and Use

In general

All materials displayed or transmitted on the Websites, including but not limited to text, photographs, images, illustrations, software, files, data, graphics or other content ("Materials") are owned by DEMDACO or its affiliates, and are protected by United States and international copyright, trademarks, service marks, and other proprietary rights, laws and treaties. When you view these Materials, they are provided to you by DEMDACO under a license that is revocable. DEMDACO retains full and complete title to the software and to all of the associated intellectual property rights in and to the Material. You may not distribute or sell the Material, nor may you reverse engineer, disassemble or otherwise convert it to any other form. You acquire no rights or license whatsoever in the Materials other than the limited rights to use the Websites in accordance with these terms and conditions. DEMDACO reserves any rights not expressly granted under these terms and conditions of use.

You hereby grant to DEMDACO a nonexclusive license to reproduce, distribute, display, publish, use and prepare derivatives of all remarks, suggestions, ideas, or other information that you communicate to DEMDACO through any Website. DEMDACO and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the materials you submit for any and all commercial or noncommercial purposes, without any obligation to compensate you or others for those materials.

You will be responsible for ensuring that suitable space, computer equipment, electric power, network connection, phone service, and appropriate environmental conditions exist to enable the Websites to operate effectively. You will also be responsible for installing and maintaining any software required to access the functionality of the Websites (including word processing and spreadsheet software, portable document format viewers, printer drivers, and graphic imaging software).

Intellectual Property

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, Materials or services obtained from the Websites. Provided that you do not modify or delete any copyright, trademark or other proprietary notices, you may display and electronically copy, download and print hard copy portions of the material contained on the Websites for i) your own noncommercial use or ii) commercial use solely in connection with conducting business transactions with DEMDACO. Any other use of Materials on the Websites, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of the Websites, without the prior written permission of DEMDACO, is prohibited.

You acknowledge that all intellectual property rights and other legal means of ownership in the Material residing on the Websites remain with DEMDACO, its licensors and its third party developers. Any attempt to use, redistribute, reverse engineer, or redesign the information, code, textual material, graphics, or modules contained on any Website for any other purpose is prohibited.

The trademarks, logos, and service marks displayed on the Websites, including but not limited to the marks "DEMDACO," "DD TRADERS," and "WILLOWTREE" (collectively, "Marks"), are marks or registered marks of DEMDACO and others. Nothing contained on the Websites shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on any Website without the express written permission of DEMDACO or a third party that may own the Marks displayed on the Website. The misuse of Marks displayed on any Website, or any other content on the Websites, is strictly prohibited. Please be advised that DEMDACO will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.

Many of the systems in place on the Websites contain unique processes that are subject to federal and state intellectual property and trade secret laws. Please be advised that copying or adapting this system may render you liable for infringement of DEMDACO's or DEMDACO's third party developers' intellectual property rights.

Names and images of people or places displayed on the Website are either the property of, or used with permission by DEMDACO. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by this agreement, under express permission provided elsewhere on the Websites, or by written permission from DEMDACO. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

DEMDACO may, from time to time, allow its users to post information or files on the Websites over which DEMDACO has no supervision or control ("User Postings"). You agree to defend, indemnify and hold harmless DEMDACO from any liability that it may incur as a result of your posting of such material, including liability arising under any United States or foreign intellectual property law, tort claims, contractual claims, and claims by DEMDACO against you for any damages DEMDACO directly incurs as a result of such User Postings.

Although DEMDACO may from time to time monitor or review any User Postings, transmissions, or the like that may occur on the Websites, DEMDACO is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transactions nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information contained within such transactions on the Websites. DEMDACO does, however, reserve the right to remove any such information or User Posting if a user or other party brings to DEMDACO's attention the possibility that such information may result in liability or offense to any other party.

DISCLAIMER OF WARRANTIES AND LIABILITY

DEMDACO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITES' CONTENT. THE WEBSITES AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THE WEBSITES, INCLUDING, WITHOUT LIMITATION, DATA, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DEMDACO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. DEMDACO DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVERS THAT MAKE THE WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DEMDACO DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE WEBSITES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN ADDITION TO THE ABOVE, YOU (AND NOT DEMDACO) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL DEMDACO BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF DEMDACO HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE WEBSITES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless DEMDACO, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees and court costs, resulting from any violation of this Agreement or any activity related to your use of any Website (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the Websites using your Internet account.

Links to Other Sites

The Websites may provide access to other websites. DEMDACO does not control these sites, and you access them solely at your own risk. DEMDACO also does not endorse or approve any products or information offered at sites you reach through the Websites. Check the Uniform Resource Locator (URL) address provided in your WWW browser to determine if you are still in the DEMDACO Websites or have moved to another website.

Jurisdiction

DEMDACO controls and operates the Websites from the company's headquarters in Kansas, in the United States of America. DEMDACO in no way warrants or implies that the materials on the Websites are appropriate for use outside of the United States. If you use the Websites from a location outside of the United States, you are solely responsible for compliance with any applicable local laws. You may not use or export the materials on the Websites in violation of U.S. export laws and regulations. Any claim relating to the Websites or your use of it shall be governed by the internal substantive laws of the State of Kansas, without regard to its conflict of laws provisions, and you agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the Websites shall be in the state or federal courts located in Johnson County, Kansas, including the United States District Court for the District of Kansas, Kansas City Kansas division.

Modification of the Websites and these Terms of Use

By providing Materials on the Websites, DEMDACO does not promise that the Materials will remain available to you. DEMDACO is entitled to terminate all or any portion of the Websites at any time, without notice to you. DEMDACO also reserves the right to change the terms, conditions, and notices under which the Websites are offered, and your use of the Websites following any such changes shall be deemed to constitute your consent to this Agreement and its modifications. You agree to regularly review this Agreement to verify whether it has been changed.

Privacy

DEMDACO's privacy policy, which is found at http://demdaco.com/privacypolicy.aspx, is part of this agreement.

Miscellaneous

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. This is the entire agreement between you and DEMDACO regarding all aspects of your use of the Websites.