Thank You for Visiting the American Dawn Web Store
Website, americandawninc.com, sub-domains, and any associated web-based and mobile applications (collectively,
"Website"), as owned and operated by American Dawn, Inc. By using our Website or purchasing something from us, you
agree to fully comply with and be bound by the following terms and conditions (“Legal Terms”) including additional
terms and conditions and policies referenced herein, available by hyperlink, or made available at a future date.
These Legal Terms apply to all users of the site, including without limitation users who are browsers, vendors,
customers, merchants, and/ or contributors of content.
Please read these Legal Terms carefully before accessing or using our Website. By accessing or using any part of the
site, you agree to be bound by these Legal Terms. If you do not agree to all the terms and conditions of this
agreement, then you may not access the Website or use any services. If these Legal Terms are considered an offer,
acceptance is expressly limited to these Legal Terms.
Any new features or tools which are added to the current store will also be subject to the Legal Terms. You can
review the most current version of the Legal Terms at any time on this page. We reserve the right to update, change
or replace any part of these Legal Terms by posting updates and/or changes to our Website. It is your responsibility
to check this page periodically for changes. Your continued use of or access to the Website following the posting of
any changes constitutes acceptance of those changes.
- The terms "us" or "we" or "our" refer to American Dawn, Inc., the owner of the Website.
- A "Visitor" is someone who merely browses our Website but has not registered as User.
- A "User" is an individual that has registered with us to use our Service.
- Our "Service" represents the collective functionality and features as offered through our Website to our Users.
- A "Guest" is a collective identifier that refers to either a Visitor or a User.
- All text, information, graphics, audio, video, and data offered through our Website are collectively known as
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations
regarding your use of our Website. American Dawn, Inc. reserves the right to investigate complaints or reported
violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling
your User account, 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, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under
your state or province of residence, or that you are the age of majority in your state or province of residence and
you have given us your consent to allow any of your minor dependents to use this site. You may not use our products
for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your
jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code
of a destructive nature. A breach or violation of any of these Legal Terms will result in an immediate termination
of your Services.
Modifications to the Services and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or
discontinue the Service (or any part or content thereof) without notice at any time. We will not be liable to you or
to any third party for any modification, price change, suspension, or discontinuance of the Service.
Products or Services
Certain products or services may be available exclusively online through the Website. These products or services may
have limited quantities and are subject to return or exchange only according to our Return Policy. We have made
every effort to display as accurately as possible the colors and images of our products that appear at the store. We
cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are
not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We
may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or
services that we offer. All descriptions of products or product pricing are subject to change at any time without
notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any
product or service made on this site is void where prohibited. We do not warrant that the quality of any products,
services, information, or other material purchased or obtained by you will meet your expectations, or that any
errors in the Service will be corrected.
Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel
quantities purchased per person, per company or per order. These restrictions may include orders placed by or under
the same customer account and/or orders that use the same billing and/or shipping address. In the event that we make
a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone
number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and
accurate purchase and account information for all purchases made at our store. You agree to promptly update your
account and other information, including your email address, so that we can complete your transactions and contact
you as needed.
- Shipping is processed per each customer’s prearranged terms or per a special request that should be submitted with a customer’s order.
Customers can also contact our Customer Service department to submit a special shipping request.
- You may be responsible for other fees depending on your country such as duty or taxes and these fees are not included in your order.
- All returns should be requested and approved in advance of the return
- Returns will be credited to customers account within two weeks or less of receipt of return
- There may be a 10% restocking fee for returns
- Prepaid freight will be deducted from all returns
Orders from the Web Store require a purchase order number and will be billed per each customer’s prearranged terms.
The Web Store also allows customers with pre-established credit card payment terms the ability to pay for outstanding invoices via a credit card. The users will have to manually request these payments from the Website using our PCI compliant processor. ADI does not store payment card data on their systems.
Order cannot be cancelled through the Web Store by the user. To cancel an order, please call Customer Service at 1-800-821-2221 during normal business hours.
For more information on Customer Service Policies or to resolve a complaint regarding service, call 1-800-821-2221. Customer Service Representatives are available to answer your questions from 7:30 a.m. to 5:00 p.m. PST, Monday through Thursday, and 7:30 a.m. to 2:30 p.m. PST, Friday.
- Notice for California Residents pursuant to CA Civil Code section 1789.3: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
Links to Other Websites
Our Website may contain links to third party Websites. These links are provided solely as a convenience to you. By linking to these Websites, we do not create or have an affiliation with, or sponsor such third-party Websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third-party Websites. American Dawn, Inc. has no control over the legal documents and privacy practices of third-party Websites; as such, you access any such third-party Websites at your own risk. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party Websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
In addition to other prohibitions as set forth in the Legal Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Website, other Websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related Website, other Websites, or the Internet. We reserve the right to terminate your use of the Service or any related Website for violating any of the prohibited uses.
Dispute Resolution / Agreement to Arbitrate
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
If a dispute arises and if the dispute cannot be settled through negotiation between the parties alone, the parties agree first to try in good faith to settle the dispute by mediation administered by JAMS in Los Angeles County, California and one of it neutrals who must be a retired California Superior Court judge or U.S. District Judge before resorting to arbitration, litigation, or some other dispute resolution procedure. Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested.
If such dispute, claim, or controversy cannot be resolved by negotiations or mediation, such dispute, claim, or controversy will be determined by arbitration in Los Angeles County, California before three arbitrators. The arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause will not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
By submitting your email address in connection with your account, you agree that we and its third-party service providers may use your email address to contact you about your account or Content you have submitted to the Websites, including the Community, or for other administrative purposes and for any other purpose permitted or required by law.
You can create a user account on the Website that allows you to access and use certain of its functions and features. You acknowledge and agree that the user identification chosen by you for access and utilization of the Website ("Username"), and the password selected by and used by you in conjunction with the respective Username are to be kept secure, secret and confidential ("Password"). We are authorized to accept such Username and Password as conclusive evidence that you have accessed or utilized the Website.
We may also keep a record of any purchases made on the Website by you in addition to your email address, phone number, and physical address.
Disclaimer and Limitation of Liability
What follows applies only to your use of our Website and does not affect any rights you have under the Uniform Commercial Code, applicable laws addressing products liability or rights you have pursuant to our return policy at adisalonproducts.com. If for any reason you are not satisfied with a purchase that you make from our Website, please return it. The following, though, is important information about your use of this Website.
In no case will American Dawn, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the maximum extent permitted by law.
THE WEBSITE CONTENT IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS.
THIS WEBSITE MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. WE THEREFORE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY. WE APOLOGIZE FOR ANY INCONVENIENCE.
THIS WEBSITE MAY CONTAIN HISTORICAL INFORMATION. HISTORICAL INFORMATION, NECESSARILY, IS NOT CURRENT AND IS PROVIDED FOR YOUR REFERENCE ONLY. WE RESERVE THE RIGHT TO MODIFY THE CONTENTS OF THIS WEBSITE AT ANY TIME BUT WE HAVE NO OBLIGATION TO UPDATE ANY INFORMATION ON OUR WEBSITE. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO MONITOR CHANGES TO OUR WEBSITE.
You agree to indemnify, defend and hold harmless American Dawn, Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Legal Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of this agreement for all purposes. These Legal Terms are effective unless and until terminated by either you or us. You may terminate these Legal Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Legal Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Our Legal Terms will be treated as though it were executed and performed in California, United States and will be governed by and construed in accordance with the laws of California, United States without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms will take precedence. Our failure to enforce any provision of our Legal Terms will not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of American Dawn, Inc. under our Legal Terms will survive the termination of our Legal Terms. We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the service is provided, without express written permission by us.