Terms & Conditions

1.  INTRODUCTION AND ACCEPTANCE

Welcome to [ shopdwfm.ca] (“the Farmers’ Market”), a website owned and operated by the Downtown Windsor business Improvement Association (“DWBIA”, “Our”, “Us” or “We”). These website terms of use (“Terms of Use”) contain the legal terms and conditions that govern your use of [ shopdwfm.ca], all other sites owned and operated by Us that redirect to [ shopdwfm.ca] and all subdomains of [ shopdwfm.ca] (collectively, the "Website").


Definitions:

User: A business who has registered on  shopdwfm.ca. 

Supplier: A business who has registered with the Farmers’’ Market as a Supplier, primarily to sell products or service to their customers. 

Distributor: A business who has registered on  .shopdwfm.ca as a Distributor, primarily to connect with Suppliers and distribute products to customers. 

Buyer: A business who has registered on  .shopdwfm.ca, primarily to purchase products or services from their suppliers. 

Consumer: An individual who has registered on  shopdwfm.ca as a Consumer, primarily to purchase products from suppliers. 


YOU AGREE THAT THESE TERMS ARE ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE.

By using the  shopdwfm.ca, you agree, without limitation or qualification, to be bound by these Terms of Use and such other additional or alternative terms, conditions, rules and policies that are displayed, or to which you may be directed in connection with any particular Website or any of the services available on the Website, all as may be modified by Us from time to time in Our sole discretion. If you do not agree to the Terms of Use in full, then you must discontinue accessing and/or using the Website. 

The Farmers’ Market reserves the right to modify the Terms of Use at any time and from time to time and in its sole discretion, and each such modification shall be effective upon posting on the Website. Your continued use of the Website following any such modification constitutes your agreement to be bound by and your acceptance of the Terms of Use as so modified. It is therefore important that you review the Terms of Use regularly. If you do not agree to be bound by such modified Terms of Use, you must discontinue accessing and/or using the Website immediately.

2.  USE OF WEBSITE

You may use this Website only if you have reached the age of majority where you live and/or you can form legally binding contracts under applicable law. You may not use the Website if you live in a jurisdiction where access to or use of the website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws.

The DWBIA grants you a personal, non-exclusive, royalty-free, revocable, non-transferable, limited right to access and use the Website in accordance with the Terms of Use. You agree that you will not use the Website to: (i) misappropriate the intellectual property rights of its licensors; (ii) attempt to deface, modify or manipulate any of the Website or employ any tactic to defeat or evade any security feature employed by the Website; (iii) misappropriate the identity of, or obtain any personal information about any other users of the Website, or any customer, vendor, supplier or employee of the Website; and/or (iv) modify, erase or damage any information contained on the Website or any computer hardware or information storage device owned or used by the  shopdwfm.ca. As an additional term and condition of use of the Website, you agree not to use any process, research method or tactic to recreate or replicate the features, functions or design of the Website through reverse engineering. Doing so is in strict violation of the Terms of Service. 

Subject to these Terms of Use, you may use the Website either as a “Visitor" (which means you are just browsing the Website and are not accessing features or services that require you to have an account registered with Us) or as a "Registered User" (which means you have registered for an account to use certain features or services available from Website and have agreed to be bound by any additional terms, conditions, rules, policies or agreements that are applicable to your use of such features or services).

Any attempt to obtain unauthorized access to any portions of this Website that you are not authorized by us to access, or to directly or indirectly interfere with, disrupt or damage this Website, the server(s) on which it is hosted, the networks connected to them or any other user’s account or access to this Website is strictly prohibited. Violations of system or network security may result in civil or criminal liability.

In Our discretion, in addition to any other rights or remedies available to Us and without any liability whatsoever, We may at any time and without notice terminate or restrict your access to any portion of the Website.

3.  MODIFICATION OF THE WEBSITE

The DWBIA reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Website or any part thereof, with or without notice. The DWBIA shall not be liable to you or to any third party for any such modification, suspension or discontinuance of such Website. The DWBIA may establish general practices and limits concerning use of the Website. 

4.  USER NAME AND PASSWORD

If you are a Registered User, your account may be accessed only by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized representative of The Farmers’ Market. The Farmers’ Market recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session. 

All login names and passwords remain the property of The Farmers’ Market, and may be cancelled or suspended at any time by The Farmers’ Market without any notice or liability to you or any other person. The Farmers’ Market is not under any obligation to verify the actual identity or authority of the user of any login name or password. 

You must immediately notify The Farmers’ Market of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised. Use of your login and/or password by any person that is not you is expressly prohibited and should this occur for any reason whatsoever you are wholly and fully responsible for all activities of such person, including any omissions by such person, when so logged-in or accessing password protected portions of the Website. You agree to indemnify Us for any such activities by any such person. 

5. PURCHASE TERMS OF USE

Your order is subject to acceptance or cancellation by your Supplier. Your order will be deemed to be submitted only at the point when The Farmers’ Market sends an order placement confirmation e-mail to the e-mail address you provided. Each accepted order will be interpreted as a single agreement between you, your supplier and Us, independent of any other orders. All orders are subject to availability and are cancellable by your supplier. Orders are cancellable by you prior to any defined order cut off time. Once an order cut off time has passed, orders are non-cancellable by you.

Until an order is placed, and funds are transferred to the vendor, the availability of the product for the customer is not guaranteed. In the event that an order is placed, funds are transferred to the vendor, and the vendor is unable to provide the requested product, the vendor alone must provide a refund to the customer. The DWBIA and the shopDWBIA.com will not be responsible for providing or facilitating a refund in such circumstances.

Your reservation is not a guarantee for the product. As many local food enthusiasts will know, plants and weather can be fickle, and produce availability is not always what we expect. 

There is no charge to place a reservation, and you will not be paying for your items until you physically visit the market to retrieve them. 

You must visit the individual stalls of each vendor you have placed a reservation with to retrieve your order.

You will need to bring your Order ID to skip the entry line and pick up your reservation.

Any reservations not picked up by 10:30 AM on market day are considered forfeited, and may be sold to other customers.

Some vendors are only accepting card payments, and some are only accepting exact change. Please review the profiles of vendors you have placed orders with, and be prepared to pay with their preferred method. 

If you place a reservation and do not retrieve it, you may be not permitted to place future reservations.

Placing an order does not guarantee the availability of the product in question. In the event that an order is placed, and the supplier is unable to provide the requested product, neither the supplier, the Farmers’ Market, the DWBIA, its officers, administrators, or members shall be held liable.

The DWBIA is held 

Advertisements on Our Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the products or services referenced in your order. Your order will be deemed to be accepted only if and when We send a confirmation notice e-mail to your e-mail address. 

Suppliers reserve the right to limit quantities, reject, correct, cancel or refuse orders. The Farmers’ Market reserves the right to terminate accounts, in its discretion, including, without limitation, if The Farmers’ Market believes that customer conduct violates applicable law, is contrary to the Terms of Service, or is harmful to the interests of The Farmers’ Market or any other party. 

In order to protect you and The Farmers’ Market from fraudulent transactions, The Farmers’ Market may provide your transaction-related information to a reputable third-party organization to perform address verification. 


6.  DWBIA INTELLECTUAL PROPERTY

The names, images and logos identifying The Farmers’ Market, all associated companies or third parties and any products and services are proprietary marks of these parties. Nothing in the Terms shall be construed as conferring to you any license or right under any intellectual property right of any of the above parties unless expressly stated otherwise. 

All content accessible within Website (e.g., the “look and feel” of the Website, all text, formatting, graphics, designs, animation, images, audio, and other content, as well as any trademarks and service marks) is proprietary to us or other parties who consent to our use of it. The intellectual property on the Site is protected by Canadian and international trade mark and other laws. Any use of any intellectual property without the express of the owner is strictly prohibited. 

Unless otherwise stated, you may not copy, reproduce, republish, download, post, store (including in any other website), distribute, transmit, broadcast, commercially exploit, alter, publish, create derivative works from, or modify in any way, any of the Website’s material or content or any advertising or sponsorship or permit or assist any third party to do the same.

7. ACCURACY OF INFORMATION

We rely on the information you provide through the Website, including registration information (name and e-mail address), payment information (credit card numbers and expiration dates), and transaction-related information, which must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, We or any other party may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.

8. INDEMIFICATION

You agree to indemnify and hold harmless The Farmers’ Market, the DWBIA, its board, officers, directors, members, and employees, from and against any and all claims, demands, expenses (including, but not limited to, reasonable legal fees), damages, causes of action, obligations, liabilities, losses and costs or debt arising out of, or asserted in connection with: (i) your use of the Website; (ii) your violation of these Terms of Use; and/or (iii) your violation of the rights of any other person or entity.

9. DISCLAIMER

Except as explicitly provided in these Terms of Use as amended from time to time, The Farmers’ Market makes no representations or warranties of any kind, express or implied, regarding the Website and/or any content, products or services provided on the Website, all of which are provided on an “as is” and “as available” basis. The Farmers’ Market does not warrant the accuracy, completeness, currency, reliability or suitability of the operation of the Website, or any of the content or data found on the Website, and expressly disclaims all warranties and conditions in respect of the Website, its content or data, and any products or services offered for sale on the Website, including, but not limited to, implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. 

While products provided on the Website or sold by The Farmers’ Market are purchased from reputable suppliers, due to the perishable nature of the products provided on the Website or sold by the suppliers cannot and does not represent, warrant or guarantee the quality, integrity, size and/or freshness of such products. As well, The Farmers’ Market cannot and does not represent, warrant or guarantee that products sold by the suppliers will conform to the standards of any designation or labeling, such as “organic”, “fair trade”, “GMO free” or the like. Any warranty or quality claims are that of Our suppliers. 

The Farmers’ Market assumes no responsibility, and will not be liable for, any damages resulting from any loss, illness, personal injury or death resulting from products purchased or sold through the Website and The Farmers’ Market.

The Farmers’ Market is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.

The Farmers’ Market assumes no responsibility, and will not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on the Website or your downloading of any materials, data, text, images, video or audio from the Website.

10. LIMITATION OF LIABILITY

If The Farmers’ Market should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of the Website or its content, or any of the products or services offered on the Website, the liability of The Farmers’ Market will in no event exceed in the aggregate the amount paid by you under these Terms of Use for the specific product or service to which the loss or damage relates.

In the event of a dispute between a buyer and seller, the Farmers’ Market, the DWBIA, its members, administrators and employees shall not be held be held liable.  Any legal claim related to an item a buyer purchases must be brought directly against the seller of the item. You release DWBIA from any claims related to items sold through our Services, including for spoiled or defective items, misrepresentations by sellers, or items that caused physical injury (including product liability claims).

The Farmers’ Market shall not be liable for your interactions with any Users, organizations or individuals found on the Website or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. All dealings between you and such organizations or individuals are solely between you and such organizations or individuals and We are not a party to such dealings. You agree that We will not in any event be liable for any damage or loss of any kind incurred as a result of any dealings. We are under no obligation to become involved in disputes between you and any other participants or Users on the Website, or between you and any other participants or users and any third party. In the event of a dispute, by agreeing to these Terms you agree to release Us, our officers, employees, agents and successors from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Site and the Service. 

In no event will The Farmers’ Market be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to economic loss, lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any products or services provided on the Website or otherwise sold by the suppliers, any use of the Website or its content, the operation of the Website or any failure or delay in the operation of the Website (including, but not limited to, the inability to use any component of the Website for purchases), or any of the products or services offered on the Website, even if advised of the possibility of damages.

11. THIRD PARTY WEBSITES AND LINKS

This Website may contain links to other Websites or webpages, or social networking sites or accounts. We do not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such other websites or webpages, or social networking sites or accounts, and when you access such other websites or webpages, or social networking sites or accounts, you are doing so at your own risk. In providing links to the other websites or webpages, or social networking sites or accounts, We are in no way acting as a publisher or disseminator of the material contained on those other websites or webpages, or social networking sites or accounts, and We do not seek to monitor or control such other websites or webpages, or social networking sites or accounts. A link to another website or webpage, or social networking site or account, should not be construed to mean that We are affiliated or associated with same. WE DO NOT RECOMMEND OR ENDORSE ANY OF THE CONTENT, INCLUDING WITHOUT LIMITATION ANY HYPER-LINKS TO OR CONTENT FOUND ON, OTHER WEBSITES OR WEBPAGES, OR SOCIAL NETWORKING SITES OR ACCOUNTS. The mention of another party or its product or service on this Website should not be construed as an endorsement of that party or its product or service.

12. LEGAL COMPLIANCE

You agree to comply with all applicable laws, rules and regulations regarding your use of the Website. The DWBIA and the Farmers’ Market reserve the right to investigate complaints or reported violations of the Terms of Use and to take any action We deem appropriate, including, but not limited to, termination of any account that you may have as a Registered User, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, posted materials, IP addresses and traffic information. You acknowledge and agree that the DWBIA and The Farmers’ Market may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting you in this regard.

13. SUBMISSION OF IDEAS OR SUGGESTIONS 

At The Farmers’ Market, We are always looking to improve the Website, Our products and Our services. If you have ideas or suggestions, The Farmers’ Market would like to hear them; however, any submission will be subject to these Terms of Use. The Farmers’ Market does not, however, desire that you send, post or upload any information that is confidential or proprietary to you or to any other person or company. By submitting comments, messages, suggestions, ideas, concepts or other information (collectively, "Submissions") to The Farmers’ Market, you thereby and hereby: (a) represent and warrant that none of the Submissions are confidential or proprietary to you or to any other party; (b) represent and warrant that none of the Submissions breach any agreement to which you are a party; and (c) grant The Farmers’ Market an exclusive fully paid-up, royalty-free, perpetual, irrevocable, unrestricted, transferable, sub-licensable, worldwide right and license to the right to use, share and commercialize your Submissions in any way and for any purpose. You also waive, in favour of The Farmers’ Market and its successors and assigns, any and all of your moral rights in and to all Submissions. Furthermore, you agree that The Farmers’ Market is not responsible for the confidentiality of any Submissions. These rights survive this agreement.

14. ANONYMIZED USER DATA

In using the Services you hereby grant Us full rights to anonymize your data and information so that it does not identify you as a user, identify specific transactions carried out by you, or contain any other confidential user information (“Anonymous Data”). You agree that We: (i) have full ownership over Anonymous Data; (ii) have full license to create derivative works and extract information from Anonymous Data; (iii) have full license to combine Anonymous Data (hereafter “Aggregate Data”); (iv) have the right to use the Aggregate Data on an Aggregate Basis only in the furtherance of Our business; and (v) may disclose, sell and publish Aggregate Data on an Aggregate Basis to any party through any means. “Aggregate Basis” refers to the combination of parts of information collected or processed from the user, not containing the user’s name, with other information from any or all other users of the Services. We assert that user information used on an Aggregate Basis will not be used in a manner that discloses any individually identifiable information about the user or any specific transactions in which the user has engaged. 

We are prohibited from disclosing user information other than on an Aggregate Basis except in accordance with the Privacy Policy or with your express consent.

15. AMENDMENTS

We reserve the right, in Our discretion, to amend this Agreement at any time by posting amendments on this Website. You are responsible for periodically reviewing the amendments on this Website and you are deemed to be aware of such amendments. If you do not agree to the amended terms and conditions, you shall immediately stop using this Website. Access to this Website or use of this Website after any amendments have been posted shall constitute your acknowledgement and acceptance of the amended terms and conditions of this Agreement. No supplement, modification or amendment to this Agreement shall be binding on Us unless executed by Us in writing.

16. GENERAL TERMS

The Terms of Use shall be treated as though it were executed and performed in Ontario, Canada, and shall be governed by and construed in accordance with the laws of Ontario, Canada without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. 

Should any part of the Terms of Use be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Certain parts of these Terms will survive even if this agreement is terminated.

These Terms and the rights, benefits and obligations contained herein are fully assignable by Us and will be binding upon and inure to the benefit of our successors and assigns. 

To the extent that any content in the Website conflicts or is inconsistent with the Terms of Use, the Terms of Use shall take precedence. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms. 

Our failure to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of The Farmers’ Market under the Terms of Use shall survive the termination of the Terms of Use. 

These Terms of Use, and any rights or licenses granted or waived herein, may not be transferred or assigned by you, but may be assigned by The Farmers’ Market without restriction. 

The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.

17. ONLINE PRIVACY STATEMENT

With respect to your privacy, please read our Online Privacy Statement located on  shopdwfm.ca carefully since it describes, among other things, how we collect, use, share, transmit, process, transfer, store and secure information obtained when you access and use our Site. You acknowledge and agree that you are solely responsible for the accuracy and content of your personal information and you agree to keep it up to date. 

18.  HOW TO CONTACT US 

Any questions about these Terms of Use should be directed to:

supportdwfm@downtownwindsor.ca



TERMS & CONDITIONS FOR VENDORS


Welcome to [ shopdwfm.ca] (“the Farmers’ Market”), a website owned and operated by the Downtown Windsor business Improvement Association (“DWBIA”, “Our”, “Us” or “We”). These website terms of use (“Terms of Use”) contain the legal terms and conditions that govern your use of [ shopdwfm.ca], all other sites owned and operated by Us that redirect to [ shopdwfm.ca] and all subdomains of [ shopdwfm.ca] (collectively, the "Website"). 

YOU AGREE THAT THESE TERMS ARE ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE.

PRODUCT LISTING 

Vendors are solely responsible for assembling and maintaining the list of products they will be offering to customers. Any changes made to a vendor’s list of offerings are the responsibility of the vendor.

Vendors must avoid listing items they do not intend to sell. Such items may be reserved for purchase by customers once listed by the vendor on shopwfm.ca.

PURCHASE AND PICK-UP

The site will open for customers to make reservations every Monday at 12 PM. Eligible vendors are encouraged to have their list of products posted to shopdwfm.ca at this time. 

At 12 pm every Friday, all the product lists of all vendors will be reset by Us to zero to prevent any users from  making further reservations.

If a buyer reserves a vendor’s listed product on shopdwfm.ca, the vendor is expected to reserve that product for said buyer until 10:30 AM on the following Saturday morning. Any reservations not picked up by 10:30 AM are considered to have been forfeited by the buyer, and may be sold to other customers. 

The DWBIA, its members, employees, officers, and directors are released from any responsibility for products that have not been retrieved by a buyer who reserved them on shopdwfm.ca. Any legal claim related to an item a buyer reserves must be brought directly against the buyer. 

Any vendor’s online store will be activated in a given week ONLY if that vendor communicates to the DWBIA that they plan to attend at the Farmers’ Market for on the Saturday of that week.

PRICING

All prices quoted for products on the DWBIA Farmers’ Market platform are payable in Canadian currency and do not include taxes. 

USERNAME AND PASSWORD

If you are a Registered vendor, your account may be accessed only by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized representative of The Farmers’ Market. The Farmers’ Market recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session. 

All login names and passwords remain the property of The Farmers’ Market, and may be cancelled or suspended at any time by The Farmers’ Market without any notice or liability to you or any other person. The Farmers’ Market is not under any obligation to verify the actual identity or authority of the user of any login name or password. 

You must immediately notify The Farmers’ Market of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised. Use of your login and/or password by any person that is not you is expressly prohibited and should this occur for any reason whatsoever you are wholly and fully responsible for all activities of such person, including any omissions by such person, when so logged-in or accessing password protected portions of the Website. You agree to indemnify Us for any such activities by any such person. 

USE OF WEBSITE

The DWBIA grants you a personal, non-exclusive, royalty-free, revocable, non-transferable, limited right to access and use the Website in accordance with the Terms of Use. You agree that you will not use the Website to: (i) misappropriate the intellectual property rights of its licensors; (ii) attempt to deface, modify or manipulate any of the Website or employ any tactic to defeat or evade any security feature employed by the Website; (iii) misappropriate the identity of, or obtain any personal information about any other users of the Website, or any customer, vendor, supplier or employee of the Website; and/or (iv) modify, erase or damage any information contained on the Website or any computer hardware or information storage device owned or used by the  shopdwfm.ca. As an additional term and condition of use of the Website, you agree not to use any process, research method or tactic to recreate or replicate the features, functions or design of the Website through reverse engineering. Doing so is in strict violation of the Terms of Service. 

Any attempt to obtain unauthorized access to any portions of this Website that you are not authorized by us to access, or to directly or indirectly interfere with, disrupt or damage this Website, the server(s) on which it is hosted, the networks connected to them or any other user’s account or access to this Website is strictly prohibited. Violations of system or network security may result in civil or criminal liability.

In Our discretion, in addition to any other rights or remedies available to Us and without any liability whatsoever, We may at any time and without notice terminate or restrict your access to any portion of the Website.

MODIFICATION OF WEBSITE

The DWBIA reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Website or any part thereof, with or without notice. The DWBIA shall not be liable to you or to any third party for any such modification, suspension or discontinuance of such Website. The DWBIA may establish general practices and limits concerning use of the Website. 

BUYER AND VENDOR DATA

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DWBIA BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICES. IN ALL CASES, DWBIA WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

UNDER NO CIRCUMSTANCES WILL DWBIA BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR DWBIA ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.

Vendors will be given access to certain items of buyers’ data in the course of transactions initiated on the Website, including names, phone numbers, and email addresses. Vendors are expected to use this information only insofar as it assists the vendor in facilitating the transactions for which the buyer is making a reservation. Any use of this information for other purposes, or in a manner that is unlawful, may be grounds for legal action against that vendor.