Terms & Conditions

Last updated: May 15, 2024

  1. Terms and Conditions of Use

By accessing or using the Dutch Express LLC (the “Company”) website located at https://www.dutchx.com (the “Website”), or any component thereof, in any manner whatsoever, you indicate that you have read and understand this Terms and Conditions of Use Agreement (the “Terms of Use”), which incorporates by reference the Company’s Privacy Policy, and agree to be bound by it in its entirety. If you do not understand or have questions about the Terms of Use, immediately stop all use of the Website and contact contact@dutchx.com. Through the Terms of Use, the “use” of the Website shall mean any actual or attempted access or use of the Website, including, without limitation, any transmission, exchange of information or communication associated with the Website. 

Your use of the Website will constitute your agreement to the most current version of this Terms of Use. The Terms of Use are subject to change at any time by the Company, without prior notice to you, by the Company posting them on the Website and will be effective immediately, unless otherwise stated. The Company may add, delete or modify any or all of the Website at any time in the Company’s sole discretion.

The Terms of Use apply only to the Website and do not apply to any websites that are linked to in the Website. For access to the terms and conditions or privacy policies of linked websites, please refer to the policies of such websites.

  1. Use of the Website

The use of the Website and its services is a privilege. Users who violate this Terms of Use may be denied access to the Website and the Company reserves the right to suspend your use of the Website for any reason at any time, in the Company’s sole discretion.

  1. Third-Party Websites

The Company may provide links to third-party websites as a convenience. Linked websites are not reviewed, controlled, or examined by the Company and the Company is not responsible for the contents of any linked website, including the information, advertising, products, resources, links or other materials contained in such website. The inclusion of any link does not imply endorsement by the Company. The Company makes no representations or warranties with respect to any such third-party, and you agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

  1. Intellectual Property

Except as expressly and unambiguously provided herein, the Company does not grant you any express or implied rights to the information or content provided on this Website, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights or any other intellectual property rights. None of the content or information provided on our website may be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, re-sold or used in any sale, or exploited for in any way, in whole or in part, unless you obtain the Company’s prior written consent.

  1. Disclaimer of Warranties & Limitations of Liability 

Your agreement to the following disclaimers and limitations are a material inducement for the Company to permit you to access the Website. Your use of the Website, and the Company’s obligations and liabilities in connection therewith, is expressly limited as follows:

  1. Disclaimer of Warranties

The Website is provided “as is” and without any warranty whatsoever. The Company disclaims any and all express and implied warranties whatsoever, including without limitation, the warranties of merchantability, title, non-infringement of third parties’ rights, and fitness for particular purpose.

  1. Limitation of Liability

In no event shall the Company, its shareholders, employees, agents or other third-party service providers be liable for any incidental, consequential, punitive, indirect or special damages (including lost profits and damages or viruses that may infect your computer equipment on account of your access to, use of, browsing, or downloading of any materials, data, text, images, video or audio from the website) whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the limitations set forth in this paragraph may not apply to you. If the foregoing limitations are held inapplicable or unenforceable for any reason, then the maximum liability of the Company to you for any type of damages shall be limited to the greater of the actual amount paid by you for any services offered on the website or One Hundred United States Dollars ($100.00).

  1. Minimum Age to Use the Website and Children’s Privacy

This Website is not intended for use by those who are under age 18.  You must be 18 years or older to use this Website.  If you are not 18 years or older, please do not continue to access the Website or provide the Company with any information on or through the Website. The Company does not knowingly collect any personally identifiable information from any person under 18 years of age through the Website.

  1. Online Conduct through the Website

In using the Website, you agree that:

You are solely responsible for the content or information you provide or communicate to the Company.

You will not transmit or through the Website any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Furthermore, you will not take actions to promote the physical harm or harassment of another person, engage in or promote spamming, provide information that you know is illegal, false, or misleading, or designed to exploit those under 18 or otherwise provide instructional information about illegal activities, including without limitation, making or buying illegal weapons, identity theft, violating another’s right to privacy, or providing or creating malicious computer programs (malware).

You will not violate nor attempt to violate the security of the Website, including, without limitation: (a) accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of the Website or to breach security or authentication measures, regardless of your motives or intent; (c) attempting to interfere with or disrupt the Website or services to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse; or (d) sending unsolicited e-mail or other information, including promotions or advertising. Violations of system or network security or the Terms of Use may result in civil or criminal liability. The Company has the right to investigate occurrences that may involve such violations and may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

  1. Privacy Policy

Your privacy is extremely important to the Company. All information collected from you through the Website is governed by the Company’s Privacy Policy. For more information, please see the Company’s Privacy Policy, which is incorporated herein.

  1. International Use

The Website, including the information provided on the Website, is designed for, and intended for users in the United States. The Company makes no representation that the Website is applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Website from locations or territories where the content is illegal is prohibited. If you choose to access the Website from a location outside the United States, you do so on your own initiative and you are responsible for compliance with local laws.

  1. Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless the Company from and against any and all claims, losses, expenses, demands or liabilities, including reasonable attorneys’ fees arising out of or relating to (i) your access to, use of or alleged use of the Website; (ii) your violation of these Terms of Use or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall cooperate as fully as reasonably required in the defense of any such claim. You agree not to settle any such claim without the express prior written consent of the Company.

  1. Jurisdiction and Venue

You agree that the internal laws of the State of New York  (including, without limitation, its statutes of limitations) shall exclusively govern your use of the Website (including, without limitation, concerning any claims brought in contract, tort, or statute), and that any dispute arising out of or relating to this Website or your use/access thereof (whether in contract, tort, or statute) shall be subject to the exclusive jurisdiction of the state courts in New York County in the State of New York (USA).

  1. Severability

If any provision of the Terms of Use  are found to be invalid, unlawful, void, or unenforceable by either an arbitrator or a court of competent jurisdiction, the Terms of Use’s remaining provisions shall be enforced to the maximum extent possible, and the remaining provisions of the Terms of Use shall remain in full force and effect.

  1. Waiver

You agree that if the Company does not enforce any of its legal rights or remedies under the Terms of Use, or other legal rights or remedies the Company has under applicable laws, it shall not be construed as a formal waiver of those rights or remedies or any other rights in any way whatsoever.