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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 ABILITY 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. |