Terms of Service

Last updated: April 17, 2023

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the Dakota Prairie Palette, LLC ("DPP", "us", "we", or "our") website and online store (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Services.

Section 1 - Accounts

When you create an account with us, you must provide accurate, complete, and up-to-date information. Failure to do so constitutes a breach of the Terms, which may result in the immediate termination of your account.

You are responsible for safeguarding your account credentials, and you agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Section 2 - Purchases

If you wish to purchase any product or service made available through the Services, you may be asked to supply certain information relevant to your purchase, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of your purchase.

Free UPS Ground Shipping is included to the lower 48 States. Free shipping does not apply to Alaska, Hawaii, and International orders.

Section 3 - Intellectual Property

All content, including but not limited to images, text, graphics, logos, and designs, on the Services is the property of DPP or its content suppliers and is protected by international copyright laws. The compilation of all content on the Services is the exclusive property of DPP and protected by international copyright laws.

Section 4 - Prohibited Uses

You agree not to use the Services for any of the following purposes:

  • Engaging in any activity that violates any applicable law or regulation

  • Submitting false or misleading information

  • Attempting to gain unauthorized access to the Services or another user's account

  • Interfering with or disrupting the operation of the Services

  • Using any automated system, including but not limited to robots, spiders, or scrapers, to access the Services

  • Infringing upon the intellectual property rights of DPP or any third party

Section 5 - Termination

We may terminate or suspend your account and access to the Services without prior notice or liability, for any reason, including but not limited to a breach of these Terms. Upon termination, your right to use the Services will cease immediately.

Section 6 - Limitation of Liability

In no event shall DPP, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of, or inability to access or use, the Services

  • Any conduct or content of any third party on the Services

  • Any content obtained from the Services

  • Unauthorized access, use, or alteration of your transmissions or content

Section 7 - Indemnification

You agree to defend, indemnify, and hold harmless DPP, its affiliates, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including but not limited to reasonable attorney's fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any applicable law or regulation. 

Section 8 - Changes to These Terms

We reserve the right to modify or replace these Terms at any time, at our sole discretion. We will provide notice of any material changes by posting the updated Terms on this page. By continuing to access or use the Services after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Services.

Section 9 - Governing Law

These Terms shall be governed and construed in accordance with the laws of the jurisdiction in which DPP is located (North Dakota), without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within North Dakota to resolve any disputes or claims arising from these Terms.

Section 10 - Dispute Resolution

Any disputes or claims arising out of or relating to these Terms or the Services shall be resolved through good faith negotiations between the parties. If a satisfactory resolution cannot be reached within a reasonable time, either party may submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association or other applicable arbitration organization. The arbitration shall be conducted in the jurisdiction where DPP is located (North Dakota), and the decision of the arbitrator shall be final and binding on both parties.

Section 11 - Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services and supersede and replace any prior agreements we might have had between us regarding the Services.

Section 12 - Contact Information

If you have any questions about these Terms, please email us at office@dakotaprairiepalette.com