Dbaco.com Terms of Use
THE FOLLOWING TERMS AND
CONDITIONS GOVERN YOUR USE OF DBACO.COM. YOUR VIEWING OR USE OF
THIS SITE WILL CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF
AND THE ENTITY YOU REPRESENT (HEREINAFTER COLLECTIVELY CALLED "YOU" OR "YOUR"), TO ALL OF THE TERMS AND
CONDITIONS PROVIDED BELOW. DBA
DISTRIBUTION SERVICES, INC. (HEREINAFTER COLLECTIVELY CALLED DBA,
DBACO.COM, DISTRIBUTION BY AIR, US, WE) MAY MAKE FUTURE CHANGES OR
MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT
NOTICE AND YOUR SUBSEQUENT VIEWING OR USE OF DBACO.COM WILL
CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS.
THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT
DBACO.COM GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES,
INFORMATION AND APPLICATIONS AVAILABLE THROUGH DBACO.COM.
Section 1. Use.
Dbaco.com is provided solely for
the use of current and potential DBA customers to interact with DBA
and may not be used by any other person or entity, or for any
other purpose. Specifically, all tracking, advanced tracking,
Cyber-bill entry and other information may only be used by
current and potential DBA customers. The use of automated
dial-in or inquiry devices to obtain information through Dbaco.com
is strictly prohibited. DBA does not accept ideas, concepts, or
techniques for new services or products through Dbaco.com. If
such information is received, it will not be considered
confidential and DBA will be deemed free to use, communicate and
exploit such information in any manner it chooses.
Section 2. Dbaco.com Web Accounts.
You may choose to obtain a Web
Account with Dbaco.com. A registered Web Account can
simplify your access to interactive features on Dbaco.com. Dbaco.com
Web Account registration currently provides you with access to
all areas within dbaco.com. In the future, DBA may add other
features which may be accessed through Dbaco.com. In such event,
previously registered users will not be required to re-subscribe
at Dbaco.com Registration. You can register a Web Account with
DBA providing you ALREADY have an account number from your Local
DBA Office or by requesting a Web Account through our Contact
Page.
By requesting a Web Account
with Dbaco.com, You agree to provide accurate and current
information about Yourself If you provide any information
that is inaccurate or not current, or DBA has reasonable grounds
to suspect that such information is inaccurate or not current, DBA
has the right to suspend or terminate Your Dbaco.com Web
Account.
By registering at Dbaco.com , You
are responsible for maintaining the confidentiality of the
Password and User I.D., and you are responsible for all
activities that occur under Your Password and User I.D. You
agree to (a) immediately notify DBA of any unauthorized use of
Your User I.D. and Password, and (b) ensure that You exit from
Your Dbaco.com session at the end of each visit.
Section 3. Changes to Dbaco.com.
Dbaco.com and its content,
including without limitation the information, graphics,
products, features, functionality, services, and links
(collectively the "Content") may be changed, deleted
or updated without notice.
Section 4. Term.
DBA may discontinue, suspend or modify Dbaco.com at any time
without notice, and DBA may block, terminate or suspend Your and
any user's access to Dbaco.com at any time for any reason in its
sole discretion, even if access continues to be allowed to
others.
Section 5. Ownership.
Dbaco.com and its Content are
protected by United States and international copyright,
trademark and other laws. © 1981-2001 DBA Distribution
Services, Inc. All rights reserved. Specifically, DBA does not
convey to anyone, through allowing access to Dbaco.com, any
ownership rights in Dbaco.com or in any Content appearing on or
made available through Dbaco.com.
Section 6. Disclaimer of Warranty.
DBACO.COM AND ITS CONTENT ARE
PROVIDED "AS IS". DBA AND ITS LICENSORS DISCLAIM ANY
AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING
ANY SUCH CONTENT AND YOUR ABILIITY OR INABILITY TO USE DBACO.COM
AND ITS CONTENT.
Section 7. Limitation of
Liability.
USE OF DBACO.COM AND ITS CONTENT
IS AT YOUR SOLE RISK. DBA WILL IN NO EVENT BE LIABLE TO YOU OR
ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES UNDER ANY
THEORY OF LAW FOR ANY ERRORS IN OR THE USE OF OR INABILITY TO
USE DBACO.COM AND ITS CONTENT INCLUDING WITHOUT LIMITATION,
DAMAGES FOR LOST PROFITS, BUSINESS, DATA, OR DAMAGE TO ANY
COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED DBA OF THE
POSSIBILITY OF SUCH DAMAGES.
Section 8. Indemnity.
You hereby release, and agree to indemnify and hold harmless DBA
Distribution Services, Inc. and its subsidiary
corporations and their respective officers, directors, employees
and agents from any and all claims, demands, causes of actions,
liabilities, damages, costs and expenses, including reasonable
attorneys' fees, arising out of Your use or viewing of Dbaco.com
and its Content.
Section 9, DBA Service Guide.
The terms and conditions for
using all of DBA and related services are contained in the most
current version of the DBA Service Guide. The most current
version of the DBA Service Guide will control in the event of
any conflict between any DBA service or related service
information on Dbaco.com and the related service information
contained in the most current version of the DBA Service
Guide.
Section 10. Links to other web
sites.
There are links on Dbaco.com site
which allow You to visit the sites of third parties. Neither
these sites nor the companies to whom they belong are controlled
by DBA. DBA makes no representations concerning the information
provided or made available on such sites nor the quality or
acceptability of the products or services offered by any persons
or entities referenced in any such sites. DBA has not tested and
makes no representations regarding the correctness, performance
or quality of any software found at any such sites. You should
research and assess the risks which may be involved in accessing
and using any software on the Internet before using it.
Section 11. Privacy Policy.
Click here
to access the DBA Privacy Policy governing the use of
information acquired from You through Dbaco.com.
Section 12. Controlling Law
and Severability.
This Agreement and Your use of Dbaco.com
is governed by and construed in accordance with the laws of the
United States and the State of New Jersey, excluding its
conflict of laws provisions. If for any reason a court of
competent jurisdiction finds any provision of this Agreement, or
a portion thereof, to be unenforceable, that provision shall be
enforced to the maximum extent permissible. Any cause of action
with respect to Dbaco.com or this Agreement must be instituted
within one year after the claim or cause of action has risen or
be barred and must be brought in a court of competent
jurisdiction within New Jersey. This Agreement may not be
changed or modified without the written consent of DBA.
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