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Starting March 1, we will be located at 4795 Innovative Way, Suite 100, Powder Springs, Georgia 30127

Website Terms and Conditions of Use

BY ACCESSING AND USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS SPECIFIED IN THE TERMS AND CONDITIONS AGREEMENT BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, YOU MUST DISCONTINUE USE OF THIS WEBSITE IMMEDIATELY. YOUR CONTINUED USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.

Terms and Conditions

This website is owned and operated by DPWagner LLC (“Website Owner”). As a user of this website and any service it provides, you agree to be bound by these Terms & Conditions.

  1. Website Purpose and User Consent. This website provides information about Website Owner and products and services it offers, including but not limited to manufacturing of goods, third-party warehousing and fulfillment services, and wall and surface patch and repair products. The information on this website is for general informational purposes only and does not constitute a binding offer, warranty, or guarantee of any kind. This website does not facilitate direct sales; users may submit their personal information to be contacted by a sales representative for business transactions. By submitting personal information, you must be at least 18 years of age, and you consent to being contacted by Website Owner regarding your inquiry. You acknowledge that submitting your information does not guarantee a business transaction. Website Owner reserves the right to decline any inquiry at the Website Owner’s discretion.
  2. Lawful Use of Website. You agree to use the website only for lawful purposes and in accordance with these Terms and Conditions. Unauthorized use of the website, including attempts to access restricted areas or interfere with its operation, is strictly prohibited, and you will be held legally responsible for all damages incurred by Website Owner.
  3. Restrictions of Use of Website Content. Information retrieved from this website (“Website Content”) is for personal use only. Website Content may be used solely in connection with purchasing from Website Owner or referring Website Owner to others for purchase. You are not permitted to copy, reproduce, modify, publish, upload, post, transmit or distribute the Website Content in any way, in whole or in part, unless required by law. You acknowledge that the Website Content is subject to the copyright and other proprietary rights of Website Owner, and you will not commit or permit any act or omission that would impair such rights. However, if you are retrieving Website Content on behalf of others, all of the paragraphs contained in these Terms & Conditions shall apply to you, with the exception of Paragraph 3.
  4. Use of Website Content on Behalf of a Client. If you are conducting a search on behalf of an entity, an individual, or group of individuals acting together (referred to herein as the “Client”) in order to assist the Client in connection with the products and services this website offers, you may share the Website Content with your Client, and you may permit your Client to share the Website Content with your Client’s other personal advisors. However, neither you, your Client, nor your Client’s other personal advisors are permitted to copy, reproduce, modify, publish, upload, post, transmit or distribute in any way the Website Content, in whole or in part, unless required by law. You will be responsible for any breach by your Client or your Client’s personal advisors of these Term and Conditions. You acknowledge that the Website Content is subject to the copyright and other proprietary rights of Website Owner and you will not commit or permit any act or omission that would impair such rights.
  5. DISCLAIMER OF WARRANTIES. WEBSITE OWNER DOES NOT GUARANTEE OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY IT. ALL SUCH WEBSITE CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WEBSITE OWNER IS NOT LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
  6. Limitation of Liability. These Terms and Conditions do not govern potential business transactions. There is no guarantee that a business transaction will happen. Website Owner shall not be liable for any loss or injury arising out of or caused in whole or in part by a user’s assumption of a successful business transaction based on the Website Content. In no event shall Website Owner be liable for any indirect, incidental, consequential, punitive, exemplary or special damages, even if Website Owner was grossly negligent, was advised of such possibility of damages, or such damages were reasonably foreseeable. If, notwithstanding the preceding sentence, liability is imposed on Website Owner, the amount of such liability shall not exceed the amount paid by you to the website owner for the Website Content.
  7. Intellectual Property Rights. The information provided by Website Owner will continue to be the exclusive property of Website Owner. Except as expressly provided in paragraph 3 or 4 above (whichever is applicable), this transaction shall not be deemed to convey any right, title or interest, including patent, copyright or other proprietary right, in or to such information. The programs and software which operate this website are confidential trade secrets of Website Owner and, therefore, you agree not to modify the programs or any embodiment thereof or attempt to decipher, decompile, disassemble or reverse engineer the programs or software or any embodiment thereof.
  8. Indemnification. You will indemnify, defend and hold Website Owner and its subsidiaries and affiliates (collectively, the “Indemnitees”) harmless from and against any and all claims and expenses, including reasonable attorney’s fees, which may be asserted against or incurred by the Indemnitees based upon your use of this website or the Website Content.
  9. Modification of Terms & Conditions. These Terms & Conditions constitute the entire agreement between the parties and supersedes any other communications, whether written, oral, electronic or otherwise, with respect to the subject matter of these Terms and Conditions. These Terms and Conditions may not be amended, modified or waived orally, but only if done so in writing. Website Owner reserves the right to update or modify these Terms and Conditions at any time without prior notice. Any changes to these Terms and Conditions will be effective upon posting a notification of the changes on the website, and such notification will be displayed when you access the website. Your continued use of the website after such notification constitutes acceptance of the revised Terms and Conditions. If any of these Terms and Conditions are determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining Terms and Conditions shall remain in full force and effect. In addition, in such event the unenforceable or invalid provision shall be deemed to be modified to the extent necessary to (i) render it valid and enforceable and (ii) give the fullest effect possible to the original intent of the provision.
  10. Governing Law and Dispute Resolution. These Terms and Conditions will be governed by and interpreted under the laws of State of Arkansas applicable to contracts made and to be performed therein. Any dispute arising out of or relating to these Terms and Conditions shall be resolved in a binding arbitration conducted under the auspices of the American Arbitration Association in Benton County, Arkansas.
  11. Privacy Policy. Your use of the website is also governed by Website Owner’s Privacy Policy, which explains how Website Owner collect, use, and protect your personal information. The Privacy Policy can be found at https://dpwagner.com/privacy-policy/.
  12. No Agency Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Website Owner as a result of these Terms and Conditions or your use of the website.
  13. Contact Information. If you have any questions about these Terms and Conditions, please contact us at customerservices@dpwagner.com.
The owner of this website has made a commitment to accessibility and inclusion, please report any problems that you encounter using the contact form on this website. This site uses the WP ADA Compliance Check plugin to enhance accessibility.