Newspin LLC
Terms and Conditions
Effective Date: August 11, 2009
PLEASE READ
THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE.
1.0Terms
of Using this Web site.
This Web site (this "Web site") is owned and operated by Newspin,
LLC d/b/a online supplier, LLC ("onlinesupplier.com," "us"
or "we") and contains material owned in whole or in part by
onlinesupplier.com and its partners, vendors and manufacturers. The following
are terms of a legal agreement between you, the user of Web site, and
us, onlinesupplier.com. Acceptance of these Terms and Conditions
through the use of this website, shall also constitute acceptance of
the Hosting Agreement (Exhibit A.1) and the Warehousing Agreement (Exhibit
A.2)
1.1 Modifications.
We reserve the right to change these Terms and Conditions (these "Terms
and Conditions") at any time. Our objective is to ensure that the
information contained in these Terms and Conditions and our Web site
is correct but we do not accept liability for any error or omission.
Any changes will take effect when posted in these Terms and Conditions
and on our Web site and you are therefore advised to check them often.
If any of these Terms or Conditions is deemed invalid, void, or for
any reason unenforceable, that condition will be deemed severable and
will not affect the validity and enforceability of any remaining condition
or term that are included in these Terms and Conditions.
1.2 Duplication.
This Web site or any portion of this Web site may not be duplicated,
reproduced, copied, sold, resold, or otherwise exploited for any commercial
purpose that is not expressly permitted by us. We reserve the right
to refuse service, terminate accounts, and/or cancel orders at our discretion,
including, without limitation, if we believe that your conduct violates
applicable law or is harmful to our interests.
1.3 Acknowledgement.
By accessing, browsing and/or using this Web site, you acknowledge that
you have read, understood, and agree to be bound by these Terms and
Conditions and to comply with all applicable laws and regulations. If
you do not agree to these Terms and Conditions, do not use this Web
site. The material provided on this Web site is protected by law, including,
but not limited to, United States Copyright law, State of Nevada law,
and international treaties. For questions regarding these Terms and
Conditions please contact us at 1-800-831-3952.
2.0 14-Day Trial-
We offer a "14-Day Trial Period" of our onlinesupplier.com
program and you have voluntarily chosen to register for our service
by submitting your initial onlinesupplier.com application and giving us
your ACH or credit/debit card information that will be billed a one
time only processing fee of $3.95. Your 14-Day Trial
was created to give you the chance to test our onlinesupplier.com, program,
delaying your first month hosting charge while you evaluate us and what
we have to offer you. Remember, if you are not satisfied with our program,
you can cancel at any time. ?To cancel, follow the simple cancellation
instructions outlined in paragraph 3.0 of these Terms and Conditions.
2.1 Monthly
Hosting Fee
Once your Trial Period expires, if you have not cancelled your Membership
as described in these Terms and Conditions, you will have full membership
with us ("Membership"). If you do not cancel your Trial Membership
within the 14-day Trial Period, on day 15 your credit/debit card will
be charged a monthly hosting fee of $39.95. Thereafter, for as long
as your Membership remains active, your credit/debit card will be charged
the monthly hosting fee of $39.95 on a monthly basis for your ongoing
Membership. You may cancel your Membership at any time by calling our
customer service 1-800-831-3952; however make sure
you read our Cancellation and Return policies set forth below in these
Terms and Conditions.
2.2 14-Day
Free Trial Billing Details.
To take advantage of the trial we will provide billing details
so you will understand clearly when and how we will bill your hosting
fees. Your 14-Day Free Trial Offer billing details are as follows:
You will be billed a one time only
processing fee of $3.95 when you sign up for the 14-Day Free Trial.
- You are not obligated
to our hosting fee before your 14-Day Free Trial period ends, but will
be billed your monthly hosting fee of $39.95 if you do not cancel before
your 14-day Free Trial ends.
- After your 14-day
trial period is over, and if you do not cancel your Membership within
the 14-day free trial period, your first month's charge of $39.95 will
be billed to your credit/debit card on file; and you will be billed
your hosting fee of $39.95 every 30 days thereafter unless you cancel
your Membership. You can call our customer service toll-free at 1-800-831-3952 at any time between the hours of 9am-5pm MST to cancel
your Membership, or by going online, logging into your account, and
following the cancellation instructions found in your ?StoreOwner
Back Office?
2.3 Billing.
Your $39.95 monthly hosting fee is billed automatically each month to
the ACH account or credit/debit card authorized by you, in accordance
with the payment terms to which you agreed. Hosting fees are billed
in advance of each monthly period. If applicable, in the event
that your ACH account or credit/debit card cannot process the monthly
hosting fee due to insufficient available credit/debit or funds, we
may, at our discretion, divide the total hosting fee into incremental
charges in order to process the total hosting fee. Your hosting
fee is billed in full months and during each month, all normal charges
will apply. Once hosting has been billed for the month, if you cancel
at any point during that prepaid month, your membership will remain
active until the end of said month. There are no partial refunds
for unused service.
2.4 Billing
Disputes.
All disputes of any kind must be reported in writing to us no later
than 30 days from the date the disputed charge was posted your account.
Unless disputed within said 30-day period, all charges posted to your
account are deemed to be correct and you waive any claim after said
30-day period. Disputes should be sent to:
Online Supplier
5702 Lakeworth Road Suite 8-10
Greenarce, FL 33463
2.5 Overdraft
Refunds.
We will not reimburse you for overdraft charges to your checking (or
other bank) account caused by our billing your onlinesupplier.com hosting
fee to your ACH or credit/debit card, unless it is determined that our
billing was in err, for example if we billed your credit/debit card
after you cancelled your Membership.
3.0 Cancellations
and Refunds.
If you decide not to participate in the onlinesupplier.com monthly hosting
program before the completion of your Trial Membership, simply contact
our customer service department by telephone at 1-800-831-3952
between the hours of 9am and 5 pm MST within your 14-Day Trial Period
and we will cancel your Trial Membership. All cancelled members will
receive an e-mail notification confirming cancellation. You may cancel
at any time between the hours of 9am and 5 pm MST by calling our customer
service at 1-800-831-3952. If you cancel within the
14-day trial period we will stop any future charges and open your Membership
up for someone else. You can call our customer service desk toll-free
at 1-800-831-3952 at any time between the hours of
9am and 5pm MST to cancel your Membership. IMPORTANT NOTE: You must
cancel your onlinesupplier.com Membership prior to your 14-day trial completion
to avoid being charged the full monthly fee for your first month. To
protect your privacy, your identity must be confirmed by e-mail or telephone
for ANY account changes, including cancellations. A spouse may not cancel
another spouse's order.
4.0 Taxes.
You agree to pay all applicable federal, state, provincial, municipal,
local or other governmental sales, use, excise, value-added, personal
property, public utility or other taxes, tariffs, access fees or other
fees or charges now in force or enacted in the future, that arise from
or as a result of, the services provided pursuant to your Membership
in onlinesupplier.com.
5.0 License
for Web site Access.
We grant to you a limited license to access and make personal use of
our Web site, but not to download (other than page caching) or modify
it, or any portion of it. This license does not include any resale or
commercial use of our Web site or its contents for any purpose other
than what has been provided to you by us; any collection and use of
any product listings, descriptions, or prices; any derivative use of
our Web site or its contents; any downloading or copying of account
information for the benefit of another merchant; or any use of data
mining, robots, or similar data gathering and extraction tools. Our
Web site or any portion of this website may not be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any commercial
purpose without our express written consent.
6.0 Disruption.
You must not use our Web site in any way that causes, or is likely to
cause, our Web site or access to it to be interrupted, damaged or impaired
in any way. You understand that you, and not onlinesupplier.com, are responsible
for all electronic communications and content sent from your computer
to us and you must use our Web site for lawful purposes only. You must
not use our Web site for fraudulent purposes, or in connection with
a criminal offence or other unlawful activity, including, without limitation:
- Use the Site to
impersonate any person or entity, or falsely state or otherwise misrepresent
your affiliation with a person or entity.
- Interfere with or
disrupt any servers or networks used to provide the Site or its features,
or disobey any requirements, procedures, policies or regulations of
the networks we use to provide the Site.
- Use the Site to
instigate or encourage others to commit illegal activities or cause
injury or property damage to any person.
- Gain unauthorized
access to the Site, or any account, computer system, or network connected
to this Site, by means such as hacking, password mining or other illicit
means.
- Obtain or attempt
to obtain any materials or information through any means not intentionally
made available through this Site.
- Use the Site to
post or transmit any unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, pornographic, profane or indecent information of any
kind, including without limitation any transmissions constituting or
encouraging conduct that would constitute a criminal offense, give rise
to civil liability or otherwise violate any local, state, national or
international law.
- Use the Site to
post or transmit any information, software or other material that violates
or infringes upon the rights of others, including material that is an
invasion of privacy or publicity rights or that is protected by copyright,
trademark or other proprietary right, or derivative works with respect
thereto, without first obtaining permission from the owner or rights
holder.
- Use the Site to
post or transmit any information, software or other material that contains
a virus or other harmful component.
Any unauthorized
and/or unlawful use terminates the license granted herein and your Membership
with onlinesupplier.com.
7.0 Disclaimer.
WE ARE PROVIDING THIS WEB SITE AND ITS CONTENTS ON AN "AS IS"
BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT
TO THIS SITE OR ITS CONTENTS. WE DISCLAIM ALL SUCH REPRESENTATIONS AND
WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, onlinesupplier.com DOES
NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE
IS ACCURATE, COMPLETE OR CURRENT. Price and availability information
are subject to change without notice. No representations have been made
by and relied upon as to the future income, expenses, sales volume or
potential profitability that may be derived from the onlinesupplier.com
program.
7.1 Downloaded
Material.
Any material downloaded or otherwise obtained through our Web site is
done and relied upon at your own risk and that you will be solely responsible
for any damage to yourself, your interests, or your computer system
or loss of data that results from the download and use of any such material.
We are not responsible for examining or evaluating, and we do not warrant
the offerings or representations of, any our partners or affiliates
or the content of their Web sites.
8.0 Trademarks.
Our web pages and all page headers, custom graphics and button icons
are service marks, trademarks, and/or trade dress of onlinesupplier.com.
All other trademarks, product names and company names or logos cited
herein are the property of their respective owners.
9.0 Limitation
of Liability:
Purchase and Use of Products. We have no liability to you as a publisher
of information, or reseller of any products or vendor services, including,
without limitation, any liability for any defective products.
WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS
OR SERVICES SOLD, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
10.0 Limitation
of liability: Special Damages.
You expressly understand and agree that onlinesupplier.com shall not be
liable for any direct, indirect, incidental, special, consequential
or exemplary damages, including but not limited to, damages for loss
of profits, goodwill, harm to your rights of any kind, use, data or
other intangible losses (even if onlinesupplier.com has been advised of
the possibility of such damages), resulting from: (a) the use or the
inability to use the service; (b) the cost of procurement of substitute
services resulting from any data, information or services purchased
or obtained or messages received through or from the service; (c) unauthorized
access to or alteration of your transmissions or data; (d) statements
or conduct of any third party; or (e) any other matter relating to or
resulting from use of the service.
11.0 Indemnity.
You agree to indemnify and hold onlinesupplier.com, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand including reasonable attorneys' fees,
which any third party may make due to or arising out of content you
submit, post to or transmit through the service, your use of the service,
your connection to the service, your violations of these Terms and Conditions
(whether alleged or otherwise), or your violation of any rights of another,
whether direct or indirect (including without limitation claims for
misrepresentation or malpractice).
12.0 Other.
These Terms and Conditions shall be governed by and construed in accordance
with the laws of the State of Nevada without regard to choice of law
rules. If any provision of these Terms and Conditions shall be unlawful,
void, of for any reason unenforceable, then that provision shall be
deemed severable from these Terms and Conditions and shall not affect
the validity and enforceability of any remaining provisions. This is
the entire agreement between the parties relating to the subject matter
herein and shall not be modified except in writing, signed by both parties.
13.0 Privacy
Policy.
Please review
our Privacy Policy which also governs your visit to onlinesupplier.com's
Web site to understand our practices.
We hope you
enjoy your visit at our site, and find the information provided both
useful and interesting.
Email us at
billing@onlinesupplier.com or call us at 1-800-831-3952
with any suggestions!
14.0 Commission.
Where applicable,
affiliate commissions will be paid on a monthly basis. Within 30 days
following the end of each month, affiliate commissions will be paid
by check. However, if the affiliate commissions earned for any given
month are less than $100, we will hold payment until the total amount
due is at least $100, accumulating in your account, or, if your participation
in the Program is terminated. In calculating affiliate commissions,
we will deduct the corresponding affiliate commission if any transaction
is returned for any reason. It is your sole responsibility to insure
the correctness of your contact information. Checks will be mailed to
the contact information contained in your account. Although the affiliate
program
is not limited
to the United States of America, all payments will be made in U.S. dollars.
We are not responsible for lost commission checks due to outdated or
incorrect information in your account. All tax liabilities incurred
due to commission payments are your sole responsibility. onlinesupplier.com
will provide tax statements required by current tax code.
15.0 Responsibility
for Your Marketing
You are solely
responsible for the development, marketing, promotion, of any/all member
affiliate sites. The success of your marketing efforts, as reflected
in the number of sales and affiliate sign-ups, may vary based on current
marketing conditions. Any creative materials we provide for marketing
and the Program in general carry no guaranteed or successful or profitable
results. For example, you will be solely responsible for:
* The accuracy and appropriateness of materials posted on Member sites
(including, among other things, all product-related materials);
* Ensuring that materials posted on member sites do not violate or infringe
upon the rights of any third party (including, for example, copyrights,
trademarks, privacy, or other personal or proprietary rights) or violate
any city, county, state or federal law;
* Ensuring that materials posted on Member sites are not libelous or
otherwise illegal;
* Ensuring that Member sites accurately and adequately disclose, either
through a privacy policy or otherwise, how you collect, use, store,
and disclose data collected from visitors, including, where applicable,
how third parties (including advertisers) may serve content and/or advertisements
and collect information directly from visitors and may place or recognize
cookies on visitors' browsers. We disclaim all liability for these matters.
Further, you will indemnify and hold us harmless from all claims, judgment,
demands, damages, and expenses (including, without limitation, attorneys'
fees) relating to the development, operation, maintenance, and contents
of your marketing efforts, relative to your participation in the Program.
16.0
Other/Owners
1. Member may not use his or her knowledge, or association with other
Members to directly or indirectly compete against onlinesupplier.com.
Also, Members may not enter into an agreement with any company that
is connected to, associated with or doing business with the travel,
and retail industries. However, Members may partner with companies for
the purpose of marketing or selling products from their Member sites.
This would include, but not be limited to, Online Auction sites, traffic
promotion sites, etc.
2. Member agrees that he or she is an independent contractor, and not
an employee, agent, partner, legal representative, or franchisee of
onlinesupplier.com. Member further agrees not to incur any debt, expense,
and obligation on behalf of, for, or in the name of onlinesupplier.com.
3. Applications for Member status are subject to approval by onlinesupplier.com.
4. Member must be of legal age in his/her state.
5. Members will be issued a "Member Link", or unique URL,
which allows onlinesupplier.com to identify visitors from Member site
as originating from Member. These visitors are tracked with this unique
URL and sales are recorded with the appropriate Member ID. To receive
commissions, Member must use the provided Member Link. The URL may be
in various forms such as a banner, image, or text link.
6. Member is solely responsible for insuring that his or her Member
Link is set up properly to qualify for commissions.
7. onlinesupplier.com is not responsible for acts by third parties,
or other events outside our reasonable control, which may temporarily
disrupt or diminish Member?s service.
8. Member shall follow onlinesupplier.com advertising guidelines and agrees
not to misrepresent onlinesupplier.com?s products or services.
9. onlinesupplier.com shall not be held liable for any indirect, incidental,
special or consequential damages or any loss of revenue or profits arising
under or with respect to these terms and conditions or the Program,
irrespective if onlinesupplier.com has been advised of the possibility
of such damages. onlinesupplier.com aggregate liability arising under
or with respect to these Terms and Conditions and/or the Program shall
in no event exceed the total commissions paid or payable by onlinesupplier.com
under this agreement.
10.
onlinesupplier.com makes no warranties, expressed or implied, with regard
to the Program except as outlined in there Terms and Conditions.
11.
In the event that a provision in these Terms and Conditions is held
to be invalid or unenforceable, such provision shall be reformed only
to the extent necessary to make it enforceable, and the balance of these
Terms and Conditions will remain in full force and effect.
17.0 Security
Please be assured
that at onlinesupplier.commall.com your order and credit card information
is safe and secure. From the moment you enter our shopping cart,
you are on a secure server, using what is called SSL (Secure Socket
Layer) technology. Should credit card numbers be required this
information is encrypted when it is transmitted and stored in a secure
environment.
18.0 Return
Policy
Should you
receive any damaged or defective merchandise the product can be returned
for a full refund at no cost to you within 30 days of purchase date.
Any returned damaged or defective merchandise must be reordered using
same method as original purchase.
Any merchandise
that is not damaged or defective may be returned for a full refund minus
shipping cost and a 10%-50% restocking fee.
All returns
must have an RMA number. To request an RMA number and for return
details call 1-800-831-3952.
Exhibit
A.1
Hosting Agreement
Newspin LLC
(we, us, our) and (you, your) agree to the following:
| 1.0 |
Definitions. |
| 1.1 |
"Hosting Client"
means the person who orders the Hosting Service and has ownership and
control rights and obligations for the content hosted. |
| 1.2 |
"Hosted Data" means
all supporting data files and data provided by the Hosting Client for
its Hosting Services. |
| 1.3 |
"Hosting Service"
means the server space and software services provided to the Hosting
Client including but not limited to the HTTP service, FTP service, SMTP
service, POP service, server extensions, third-party software, and CGI
library scripts. |
| 1.4 |
"Physical Server"
means the serving computers, hardware and operating- system, and software
necessary to operate and support the Hosting Client in accordance with
this Agreement. |
| 2.0 |
Scope of Services.
We will provide you with the following specific services: |
| 2.1 |
Physical Server Hardware,
Hosting Service and Software Services. We will provide the Physical
Servers and other computer and operating-system software to operate
and support the Hosting Service in a manner acceptable in the industry.
Although we will make reasonable efforts to protect and backup data
for you on a regular basis, we are not responsible for the Hosting Client
Data residing on the Physical Server. You are ultimately and solely
responsible for the backup of Hosted Data stored on our Physical Server.
|
| 2.2 |
Physical Server Set-Up
and Updating. We will configure the Physical Server, and Hosting
Client will load the Hosted Data onto the server computers so as to
create a fully functional Internet presence. After the Physical Server
is loaded, set up with the Hosted Data, and is fully operational, Hosting
Client will be responsible for all Web Server content management.
|
| 2.3 |
Physical Server Connection
and Access. We will provide connection of the Physical Server to
the Internet, including all telecommunications equipment and connections
for the Physical Server to provide public access on a 24-hour-a-day,
7-day-a-week basis, with the exception of scheduled maintenance downtime.
We will use our best efforts to provide uninterrupted Physical Server
Connection and Access, except for scheduled maintenance downtime and
any interruption to Physical Server Connection and Access beyond our
control caused by, for example, acts of nature, third-party equipment
or transmission failures, or security breaches. |
| 2.4 |
Maintenance Services.
We will perform maintenance services as we determine reasonably necessary
to maintain the continuous operation of the Physical Server. You agree
to periodically scheduled maintenance downtime periods. We will provide
prior notice of the maintenance downtime, except when circumstances
beyond our control limit our ability to do so. |
| 2.5 |
Hardware, Equipment and
Software. You are responsible for and must provide all telephone,
computer, hardware and software equipment and services necessary to
access us. We make no representations, warranties, or assurances that
your equipment will be compatible with our service. |
| 3.0 |
Payment Terms.
You agree to the following payment terms in consideration for the services
provided: |
| 3.1 |
Hosting Fee. You will
pay us a monthly Hosting Fee for the services we provide under this
Agreement according to our current Hosting Price Schedule at agreed
published prices. The Hosting Fee is billed to you at the beginning
of each month and is due on the 20th day of the month in which the Service
Fee is billed. (Please note that if you are paying with a credit card,
the credit card will be charged on or around the 10th of the month.)
The Hosting Fee is subject to change, with notice, according to the
current Hosting Price Schedule. |
| 3.2 |
Cancellation. In the
event you cancel your service, you will be charged in full for the entire
month in which you canceled your service. In the event you have elected
to prepay subsequent, additional months' Hosting Fees, we retain the
right to charge you an administrative fee and deduct the administrative
fee from the subsequent, future months' Service Fees before refunding
them to you. |
| 3.3 |
Breach. In the event
we terminate this Agreement because of a breach, you will be charged
in full for the entire month in which the breach occurred. In the event
you have elected to prepay subsequent, additional months' Service Fees,
we retain the right to charge an administrative fee and deduct the administrative
fee from the subsequent, future months' Service Fees before refunding
them to you |
| 3.4 |
Spamming Termination.
In the event we terminate this Agreement due to a violation of section
9.2 (Unsolicited Electronic Mail), you will be charged a minimum fee
of $100.00. You shall be held liable for any and all costs incurred
by Company as a result of your violation of these terms and conditions.
This is including, but is not limited to, attorney fees and costs resulting
from Postmaster responses to complaints from and the cleanup of unsolicited
commercial mailings and/or unauthorized bulk mailings and/or news server
violations. COMPANY current hourly rate for Postmaster responses to
complaints and cleanup of unsolicited commercial mailings and/or unauthorized
bulk mailings and/or news server violations is US $100 per hour, with
a minimum one (1) hour charge, plus US $1 for each bulk-email or Usenet
message sent, plus US $1 per complaint received. In the event you have
elected to prepay subsequent, additional months' Service Fees, we retain
the right to charge an administrative fee and deduct the administrative
fee from the subsequent, future months' Service Fees before refunding
them to you |
| 3.5 |
Tax. These fees are
exclusive of any and all federal, state, and local sales, use, value
added, excise, duty and any other taxes assessed with respect to the
services provided under this Agreement, except that your income taxes
and any sales or similar taxes on the sale of the Hosting Client products
and services to end users shall be the sole responsibility of the Hosting
Client. |
| 4.0 |
Representations
and Warranties. Our obligations under this Agreement are conditioned
upon the following representations and warranties: |
| 4.1 |
Compliance with Law.
You represent and warrant that you will comply with all applicable state
and federal laws in your performance of this Agreement and in the use
and operation of the Hosting Service, including laws governing technology,
software and trade secrets. |
| 4.2 |
Authority to Contract.
You represent and warrant that you have full authority and right to
enter into this Agreement and that there are no conflicting claims relating
to the rights granted by this Agreement. |
| 4.3 |
Non-Infringement. You
represent and warrant that your performance of this Agreement and providing
the Web Service, including the software or data files, shall not infringe
the intellectual property or other proprietary rights of any third party.
|
| 4.4 |
Our Performance. We
represent and warrant that our services shall be performed in a professional
and workmanlike manner, and the computer servers will be operated in
accordance with our obligations as defined by this Agreement.
|
| 4.5 |
Disclaimer of Warranties.
EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED ABOVE, WE MAKE NO WARRANTY
RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, AND ALL SERVICES ARE
PROVIDED ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OF NON-INFRINGEMENT.
|
| 5.0 |
You expressly
agree that use of our Hosting Service is at your own risk. Neither we,
our employees, affiliates, agents, third-party information providers,
merchants, licensors or the like, warranty that our service will not
be interrupted or error free; nor do we make any warranty as to the
results that may be obtained from the use of our service or as to the
accuracy, reliability or content of any information serviced or merchandise
contained in or provided through our service, unless otherwise expressly
stated in this Agreement. |
| 5.1 |
Under no circumstances, including
negligence, will we, our officers, agents or anyone else involved in
creating, producing or distributing our service be liable for any direct,
indirect, incidental, special or consequential damages that result from
the use of or inability to use our service. We will further not be liable
for results from mistakes, omissions, interruptions, deletions of files,
errors, defects, delays and operation, or transmission or failure of
performance whether or not limited to acts of nature, communication
failure, theft, destruction or unauthorized access to our records, programs
or services. You acknowledge that this paragraph shall apply to all
content on our Physical Server. |
| 5.2 |
Your exclusive remedy for
all damages, losses and causes of actions whether in contract or tort
(including negligence or otherwise) will not (a) exceed the actual dollar
amount which you paid during the 12-month period prior to the date the
cause of action arose, or (b) include any incidental, consequential,
extemporary or punitive damages of any kind, including without limitation,
loss of data, file, profit, good will, time, savings or revenue.
|
| 6.0 |
Term and Termination.
The following describes the effective date, duration and methods of
termination: |
| 6.1 |
Effective Date. The
Effective Date of this Agreement is the date of signup with our system.
|
| 6.2 |
Duration. This Agreement
will commence on the Effective Date and continue on a month-to-month
basis. |
| 6.3 |
Termination for Convenience.
Subject to Section 3.2, you may terminate this Agreement at any time
for your convenience by providing us with advance written notice.
|
| 6.4 |
Breach or Default.
The following constitute a breach or default of this Agreement:
- failure to pay the
current month's Service Fee by the tenth day of the following month,
- violation of Section
8.0,
- violation of Sections
9.2, 9.3, 9.4 or
- violation of Sections
4.1, 4.2 or 4.3.
|
| 7.0 |
Ownership Rights.We
acknowledge that all right, title and interest in the Hosted Data shall
be solely owned by the Hosting Client. We own or have licensed all server
software. In the event that we provide custom software to you, this
software will be licensed to you for use only on our Physical Servers
on a non-exclusive, royalty-free basis according to the terms of this
Agreement. |
| 8.0 |
Activities Subject to Immediate
Deactivation. We may immediately deactivate any Hosting Service
that is used for Illegal, Abusive, or Unethical Activity without warning
to you. Illegal, Abusive or Unethical Activities include, but are not
limited to, pornography, obscenity, nudity, violations of privacy, hacking,
computer virus, gambling, or promotion of gambling, and any harassing
or harmful materials or uses, as determined by us. You agree to indemnify
and hold us harmless from any claim resulting from your publications
or use of Illegal, Abusive or Unethical materials. Although we will
make reasonable efforts to alert you to such activities and allow you
an opportunity to cure them within a 12-hour period after discovery,
we are not required to give notice before deactivating your use of our
services if, in our discretion, your use is or results in Illegal, Abusive
or Unethical activities. If Hosting Services are disabled, the regular
monthly fees still apply. |
| 9.0 |
Miscellaneous. |
| 9.1 |
Public
Nature of Internet. Please understand that all information submitted
on the Physical Server shall be considered publicly accessible. Important
and private information should be protected by you. For example, we
are not liable for protection or privacy of electronic mail or other
information transferred through the Internet or any other network provider
that you may use. |
| 9.2 |
Unsolicited Electronic
Mail. You are expressly prohibited from sending unsolicited bulk
mail messages ("junk mail" or "spam"). This includes,
but is not limited to: bulk-mailing of commercial advertising, information
announcements, and political tracts. Such material may only be sent
to those who have specifically requested it. Malicious or threatening
email is also prohibited. Although we will make reasonable efforts to
alert you to such activities and allow you an opportunity to cure them
within a 12-hour period after discovery, we reserve the right to immediately
deactivate your use of our service if we discover such activity. Further,
you agree to indemnify and hold us harmless from any claim resulting
from your use or distribution of electronic mail services through the
service provided through this Agreement. |
| 9.3 |
Adult Oriented Websites.
You are prohibited from including adult oriented content of any kind
on your website. This includes, but is not limited to: pornography,
nudity, obscenity, lingerie, sex toys, and adult videos. Although we
will make reasonable efforts to alert you to such activities and allow
you an opportunity to cure them within a 12-hour period after discovery,
we reserve the right to immediately deactivate your use of our service
if we discover such activity. |
| 9.4 |
Governing Law and Attorneys'
Fees. This Agreement will be interpreted and applied in accordance
with the laws of the state of Utah, without regard to the conflicts
of law provisions. In any action or proceeding to enforce rights under
this Agreement, the prevailing party will be entitled to recover costs
and attorneys' fees, whether or not a suit is actually filed.
|
| 9.5 |
Control and Ownership of
IP. We maintain and control ownership of all IP numbers and addresses
that may be assigned to you, and we reserve, in our sole discretion,
the right to change or remove any and all IP numbers and addresses.
|
| 9.6 |
Excessive CPU, Disc Space,
or Bandwidth Usage. Hosting Clients who use, in our discretion,
CPU processing, disc space, or bandwidth capacity on the Physical Server
in excess of the designed processing capacity will be subject to immediate
deactivation. Upgrades to the processing capacity are available.
|
| 9.7 |
Age. You certify that
you are at least 18 years of age. |
| 9.8 |
Transfer. You may not
transfer or assign this Agreement without the written consent of
Company. |
Exhibit A.2
Warehousing Agreement
The Doba website is operated
by Doba, 1530 North Technology Way, Orem, Utah 84097 or its affiliates.
These Terms of Service apply to Doba and not to the content of third
parties.
Acceptance of terms
of use
These Terms and other
applicable conditions and notices contained herein govern your use of
the Doba service and website. Your use of a particular Doba website
included within the Doba area may also be subject to additional terms
outlined elsewhere on those sites. By using, visiting, or browsing the
Doba website(s), you accept and agree to be bound by these Terms of
Use. If you do not agree to these Terms of Use, you should not use the
Doba service or website. Please note, return shipments sent to the address
above will be refused. Please contact our customer support team for
instructions before returning products.
These Terms of Use are
an ongoing contract between you and Doba and apply to your use of the
Doba service and website. These Terms of Use affect your rights and
you should read them carefully.
Changes to terms of
use
Doba reserves the right,
from time to time, with or without notice to you, to change these Terms
of Use in our sole and absolute discretion. The most current version
of these Terms of Use can be reviewed by clicking on the links that
direct you to the Terms on the Doba website. The most current version
of the Terms will supersede all previous versions. Your use of the Doba
website or continued use of our service after changes are made means
that you agree to be bound by such changes.
Fees and cancellations
You agree to our additional Fees and Cancellations policy.
Membership & privacy
policy agreement
You agree to our Membership & Privacy Policy
Agreement. Any information
submitted on the Doba website is subject to our Membership & Privacy
Policy Agreement. Please review this policy to understand our practices.
Prices
We reserve the right
to change prices at any time. Due to possible information misrepresentations,
we may correct typographical and printing errors related to prices at
any time. Members should be aware that product prices can and do fluctuate
as a result of a supplier changing their wholesale pricing. Doba has
no control over any supplier's pricing, shipping and handling charge
policies and therefore cannot guarantee any item will remain any particular
price for any period of time.
Membership and billing
You can find the specific
details regarding your purchase and billing with Doba at anytime by
clicking on the "Billing Information" link within the "Settings"
section located at the top of the pages of the Doba website; you must
be "logged in" to view this section.
We will begin billing your Payment Method for subscription fees corresponding
to your subscription program on a yearly or monthly basis plus any applicable
tax at the end of your free trial period unless you cancel prior to
the end of your free trial. You may not receive a notice from us that
your free trial (if applicable) has ended or that your paying subscription
has begun. YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL OFFER
TO AVOID CHARGES TO YOUR PAYMENT METHOD. For subscriptions, we will
continue to bill your Payment Method on a monthly or yearly basis for
your subscription program until you cancel. You may cancel your subscription
at anytime. We offer a number of subscription programs, including special
promotional programs with differing pricing, length of subscription
terms, and bundles. Some of these promotions are offered by third parties
in conjunction with the provision of their own products and services.
We are not responsible for the products and services provided by such
third parties. We reserve the right to modify, terminate or otherwise
amend our offered subscription programs.
If you are contacted by a sales agent within your free trial and agree
to a charge for a promotional membership, your free trial is void the
moment you accept the charge.
- Billing
By using the Doba service, you are expressly agreeing that we are permitted
to bill you a recurring monthly or yearly subscription fee, any applicable
tax and any other charges you may incur in connection with your use
of the Doba service. As used in these Terms of Use, "billing"
shall indicate either a charge or debit, as applicable, against your
Payment Method. The subscription fee will be billed at the beginning
of your subscription and on each monthly or yearly renewal thereafter
unless and until you cancel your membership. Click on the "Billing"
link on the "Settings" page to see the commencement date for
your next renewal period. We will automatically bill or attempt to bill
your Payment Method each month or year on the calendar day corresponding
to the commencement of your membership. In the event your membership
began on a day not contained in a given month, we will bill or attempt
to bill your Payment Method on the last day of such month. For example,
if you became a paying member on January 31st, your Payment Method would
next be billed or attempted to be billed on February 28th. All fees
and charges are nonrefundable. We may change the fees and charges in
effect, or add new fees and charges from time to time, but we will give
you advance notice of these changes by e mail or to your account upon
login. If you want to use a different Payment Method or if there is
a change in your credit card validity or expiration date, you may edit
your Payment Method information by clicking on the "My Account"
button, available at the top of the pages of the Doba website. If your
Payment Method reaches its expiration date, your continued access of
the service constitutes your authorization for us to continue billing
that Payment Method. If Doba attempts to bill your Payment Method and
does so unsuccessfully, you grant Doba the right to attempt to process
and bill your Payment Method for up to 180 days as well as bill your
Payment Method for any unsuccessful accruing billings during such time.
- Automatic Renewals
Your Doba subscription will be automatically renewed on a monthly or
yearly basis. For your convenience, we will bill the monthly or annual
subscription fee plus any applicable tax to the Payment Method you provide
to us during registration (or to a different Payment Method if you change
your account information). Your membership will automatically renew
for successive monthly or yearly subscriptions, without prior notice
to you, unless and until you cancel your membership or we terminate
it. You must cancel your membership before it renews each month or year
in order to avoid billing of the next month's/year's subscription fees
to your Payment Method. You are not eligible to receive refunds once
your Payment Method has been billed.
- Cancellation
You may cancel your subscription to Doba during regular business hours,
Monday through Friday 7:00 AM to 7:00 PM, Mountain Time, by calling
877-321-DOBA. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH
or YEAR SUBSCRIPTION PERIODS. We reserve the right to terminate your
account for any or no reason.
Electronic communications
By using the Doba service,
you consent to receiving electronic, phone, and mail communications
from Doba. These communications will include notices about your account
(e.g., shipping and receiving e-mails) and information concerning or
related to our service. These communications are part of your relationship
with Doba and you are entitled to receive them as part of the Doba subscription.
You agree that any notice, agreements, disclosure or other communications
that we send to you electronically will satisfy any legal communication
requirements, including that such communications be in writing.
Service testing
From time to time, we
test various aspects of our service, and we reserve the right to include
you in these tests without notice.
Use of information
submitted
Doba is free to use any
comments, information, ideas, concepts, reviews, or techniques contained
in any communication you may send to Doba, including, without limitation,
responses to questionnaires or through postings to the Doba website
without further compensation, acknowledgment or payment to you for any
purpose whatsoever including, but not limited to, developing, manufacturing
and marketing products and creating, modifying or improving the Doba
website or other websites. Furthermore, by posting any information on
our site, submitting suggestions, or in responding to questionnaires,
you grant us a nonexclusive, royalty-free license to display, use, reproduce
or modify that information.
Intellectual property
- Copyright
All content included on the Doba website and delivered to subscribers
as part of the service, including text, graphics, logos, designs, photographs,
button icons, images, audio/video clips, digital downloads, data compilations,
and software, is the property of Doba, Inc., or its suppliers and is
protected by United States and international copyright laws. The compilation
of all content on this site is the exclusive property of Doba, Inc.,
and protected by U.S. and international copyright laws. Content should
not be reproduced or used without express written permission from Doba,
Inc., or its suppliers. Doba reserves the right to terminate your membership
hereunder if Doba, in its sole and absolute discretion, believes that
you are in violation of this paragraph, such violations including the
copying or other unauthorized use of our proprietary content.
- Trademarks
Doba is a registered trademark of DOBA, Inc. Doba.com, and other marks
indicated on our site are trademarks of Doba, Inc. All Doba graphics,
logos, page headers, button icons, scripts and service names are trademarks
or trade dress of Doba, Inc. Doba's trademarks and trade dress may not
be used in connection with any product or service that is not Doba's,
in any manner that is likely to cause confusion among customers, in
any manner that dilutes Doba's rights, or in any manner that disparages
or discredits Doba. All other trademarks not owned by Doba that appear
on the Doba website are the property of their respective owners, who
may or may not be affiliated with, connected to, or sponsored by Doba.
Any images of persons or personalities contained on the Doba website
shall not be an indication of endorsement of any particular product
or our service unless otherwise specifically indicated.
Account access &
identity protection.
In order to provide you
with ease of access to your account, Doba will place a cookie (a small
text file) on any computer from which you access the Doba website. When
you revisit the Doba website, this cookie will enable us to recognize
you as a previous user or as the account holder and provide you with
direct access to your account without requiring you to retype any password
or other user identification. You are responsible for updating and maintaining
the truth and accuracy of the information you provide to us relating
to your account.
You are also responsible
for maintaining the confidentiality of your account and password and
for restricting access to your computer. You may not share your account
with other people by providing them your password. However, if you decide
to share your account with other people, you take full responsibility
for their actions and liabilities. Users of public or shared computers
should log out at the completion of each visit to the Doba website.
If you find that you're
a victim of identity theft and it involves a Doba account, you should
notify customer service. Then, you should report this instance to all
your credit card issuers, as well as your local law enforcement agency.
Doba reserves the right to place any account on hold anytime with or
without notification to the subscriber in order to protect itself and
its partners from what it believes to be fraudulent activity. Doba is
not obligated to credit or discount a membership for holds placed on
the account by either a representative of Doba or by the automated processes
of Doba.
Payment obligations
The Member understands
that a valid form of payment must accompany all orders.
Warranty
All warranties for products
purchased through Doba are the responsibility of the respective manufacturers
and their agents. All issues, claims and questions concerning product
warranties should be submitted directly to the manufacturers. In the
event that the product is a health related device or nutritional supplement,
all information contained on the website, including information relating
to medical and health conditions, products and treatments, is for informational
purposes only. The information on the Doba website, or information provided
by the manufacturers of the products, or information on product packaging
or labels is not meant to be a substitute for the advice of a physician
or other medical professional and should not be used for prescribing
a medication or diagnosing a health problem. Statements regarding dietary
supplements have not been evaluated by the Food and Drug Administration
and are not intended to diagnose, treat, cure, or prevent any disease.
Copyrights
Doba and its supplier
and distribution partners reserve ownership and copyright to all materials
published by Doba. Reproductions and alterations of individual product
images and descriptions may be used for marketing & reselling purposes.
You must receive written consent from Doba for any other use or any
modification of product images and other copyrighted materials. Doba
allows its members to resell the products we have from our suppliers.
Products
Doba diligently strives
to provide as accurate information as possible. However, as all specifications
and descriptions are provided by the supplier of the product, Doba makes
no warranty expressed or implied with respect to accuracy of the information,
including price, product descriptions or product specifications. Both
the product and manufacturer names are used only for the purpose of
identification. Members are responsible for making sure the product
information is correct prior to selling any products from this site
with the product's respective Manufacturers.
Data Export
Doba diligently strives to provide as accurate information as possible.
However, as all specifications and descriptions are provided by the
supplier of the product, Doba makes no warranty expressed or implied
with respect to accuracy of the information, including price, product
descriptions or product specifications. In addition, due to size, volume
of requests and resource constraints; Data Exports, at times, may be
delayed or contain data older then what is displayed on the website.
Reselling
Manufacturer may require
strict adherence and how their intellectual property is advertised.
As such, some products may only be advertised at a Minimum Advertised
Price (referred to herein as MAP). For all products under a MAP agreement,
we will provide two prices: the wholesale cost and MAP. As a reseller,
you agree to never advertise any products protected by a MAP agreement
to end consumers for less than the MAP price. Products with a MAP will
be clearly marked with an asterisk. Under no circumstances shall Doba
or any other party involved in creating, distributing, or supplying
products for Doba be liable for any direct, indirect, incidental, special,
or consequential damages that result from, products purchased from Doba.
It is the reseller's responsibility to verify with the manufacturer,
any product information, images and descriptions prior to marketing
any and all products. Product images are subject to change at anytime
and are not to be construed as exact representations of any products
ordered since the manufacturers can change their products at any time
without any notice.
Members are not allowed
to repackage, reproduce, or otherwise resell Doba memberships, technology,
and/or data without express written consent from Doba. Also, bulk downloading
or "screenscraping" of data from the Doba website or subsidiary
websites is prohibited without prior express written permission. Violation
will result in the account being canceled and depending on the severity
of the violation, we reserve the right to press criminal charges and/or
seek civil compensation for damages, expenses, and revenues lost.
Contacting Doba Supplier
Doba provides access to information about suppliers including but not
limited to, trade name, brand(s), and product specifications, pricing
and availability. Doba's agreement with the supplier may restrict Doba
members from contacting the supplier directly. At Doba's sole discretion,
your account may be canceled, without refund, if the member attempts
to contact and establish a direct relationship with Doba's suppliers.
Doba will make every attempt, within reason, to accommodate a member
request for additional products, pricing, or services for a supplier
on behalf of the member.
Shipping and handling
Doba and its distributors/suppliers
reserve the right to restrict shipments to within the Continental U.S.,
Alaska, and Hawaii. All orders must be placed with a residential ship-to
address. Orders with P.O. Box, APO, or FPO shipping addresses will not
be processed. Any orders with shipping addresses outside the Continental
U.S., Alaska, and Hawaii will not be processed. Individual suppliers
may have
additional shipping restrictions. However, in no way does the absence
of a specific shipping policy by a supplier imply that the supplier
offers any of the above mentioned services.
Shipping and handling charges
You are responsible to
pay the shipping and handling charges for all products purchased from
Doba. You are responsible for these charges for shipments that are refused
or returned for any reason. We are not responsible for incidental or
consequential damages or losses to defective products, errors in shipping
your order, or other errors. The limit of our liability is the replacement
cost of any item you purchase from us. ANY ODD SIZED OR EXCESSIVE WEIGHTED
ITEMS MAY REQUIRE A CUSTOM SHIPPING COST CALCULATION FROM Doba. ON THESE
OCCASIONS, THE ORDERS WILL NOT SHIP UNTIL YOU HAVE APPROVED THE CUSTOM
SHIPPING COST. Depending on information provided by the supplier, Doba
may publish the shipping weights of items. The publication, or absence
of, shipping weights can not be used to determine ship cost and/or your
financial obligation. The 'Ship Cost' provided on every product page
and in the shopping cart should solely be used for determining the ship
cost.
Order placement
Doba is not responsible for loss, or damages as a result of misplaced,
mis-ordered or other typographical errors that occur during order placement.
The members has sole responsibility for verifying the accuracy of the
order, including actual item, pricing, shipping, and/or handling, prior
to order submission. Order placement means (single, batch or API) does
not change member responsibility and subsequent financial responsibility.
Order changes
Once an order is placed,
it cannot be changed in any way. However, under certain circumstances,
orders can be canceled and/or modified. If the Member contacts Doba's
customer service department using the online form as soon as possible
with a change request, it may be occasionally possible to amend the
order. Doba is not responsible for any loss, or damages that are a result
of a change request occurring after the order has been placed.
Order returns
Each one of Doba's suppliers
has a different return policy. Members are responsible for becoming
familiar with and abiding by the policies and procedures of each supplier
for returning products ordered. Failure to do so may result in a rejected
return. Individual supplier policies can be viewed by clicking the individual
"Supplier Info" links located on the "Products"
tab of the Doba site.
Taxes
As a client of Doba,
you understand that you are absolutely independent entity from Doba.
You are responsible to pay taxes to state, federal or local authorities
in accordance with any and all applicable laws. This tax responsibility
includes collecting and remitting all appropriate sales taxes to state
and local authorities.
Relationship between
Doba and the reseller (you)
Resellers are independent
contractors of Doba and are not considered employees of Doba. Resellers
are prohibited from making any unauthorized claims by the manufacturer,
or claims that are illegal in any state. Resellers do not have the right
to bind Doba in any contract related to the business of the reseller.
Reseller affirms that reseller is of legal adult age in the state in
which reseller resides.
Age
The visitor/member, by
signing the Sign up Form, hereby represents that they are of the legal
age of the state in which they reside.
Products sales &
venue disclaimer
Although all the suppliers
Doba works with are authorized distributors of the products they sell,
and Doba is authorized to act as a venue to supply said products, this
does indicate that all items are suitable for resale under any particular
circumstance or venue. Doba acts only as a venue to provide access to
wholesale product distributors.
It is the member's responsibility
to ascertain any particular product's suitability for sale in any given
venue that the customer
chooses to sell through, whether this is through a "brick &
mortar" store, an online store, online auctions, or any other venue.
Members are responsible to discover and comply with any specific manufacturer
policies or MAP (minimum advertised price) restrictions.
It is also
the member's responsibility as a businessperson to ascertain the legal
implications of selling items that may be prohibited, by law or otherwise,
in certain regions or venues.
For anyone
who plans to sell items through online auctions, it is recommended that
you review the terms and conditions of the online auction, as well as
check to be sure any product you hope to sell is not prohibited by the
online auction. eBay sellers can review eBay?s list of prohibited and
otherwise restricted items at the following pages:
Please note,
some items which are prohibited are not necessarily against the law
to sell, but are simply items that eBay has decided to prohibit based
on their own decision. Doba has no control over what is and isn't legal
in any venue or region and is not responsible for the sale of any product
through our services.
Legal recourse
You and Doba
agree that the laws of the State of Utah and Utah County shall have
exclusive jurisdiction over any dispute or claims, policies, and procedures
between you and Doba relating in any way to the Doba service or website
or these Terms. You and Doba expressly and irrevocably consent to personal
jurisdiction and venue in these courts. The non-prevailing party shall
pay all attorney's fees and court costs.
Limitations
on use
You must be
18 years of age or older to subscribe to the Doba service. While individuals
under the age of 18 may utilize the service, they may do so only with
the involvement of a parent or legal guardian. Unless otherwise specified
we grant you a limited license to access the Doba website. You may not
download (other than through page caching necessary for personal use),
modify, copy, distribute, transmit, display, perform, reproduce, duplicate,
publish, license, create derivative works from, or offer for sale any
information contained on, or obtained from, the Doba website without
our express written consent. Any unauthorized use of the Doba website
or its contents will terminate the limited license granted by us.
Confidentiality
Reseller understands
that all information provided by Doba is confidential and proprietary
to Doba and must be used by reseller according to the terms of this
agreement. Reseller agrees to not provide any confidential or proprietary
information received from Doba to any business entity that may compete
with Doba. Any violation of confidentiality is grounds for immediate
termination.
Amendments
Doba reserves
the right to make amendments to this agreement at any time. Amendments
may be the result of changes in economic, legal, or other factors that
affect the business of Doba.
Product
export
Due to the
nature of the product export no refunds will be granted for this service.
Payment
It is the Member's
responsibility to obtain payment or assurance of payment from their
individual customers before ordering with Doba. Doba strongly recommends
obtaining proper address verification systems (AVS) for credit card
purchases and making sure all checks are deposited and cleared before
placing the order with Doba. Orders placed with Doba are very difficult
to cancel, and are subject to any restocking fees. All payment shall
be made via credit card payment, U.S. Verified Pay Pal payment, or wire
transfer for product orders. Doba reserves the right to restrict payment
to wire transfer for orders over $2,000 dollars or any other order deemed
to have high fraud risk. All membership payment shall be made via major
credit cards backed by U.S. banks only. Doba will accept no other payment
form than those here listed.
Severability
If one or more
of the provisions of the policies and procedures in this user agreement
are deemed void by law in a court of competent jurisdiction, the balance
of the policies and procedures' remaining provisions, or any provision
in the Doba manual, shall continue in full force and effect.
Website
information
While www.doba.com
(hereafter the "Website") and all of its dependent pages contain
far too much information to be quoted in their entirety in these Terms
and Conditions, the Member is responsible for reading and understanding
all information contained on the Website. Doba is not responsible for
any inconvenience, loss of profit, or other complication that the Member,
his or her business, or his or her customers may experience as a result
of the Member's failure to read and understand all information on the
Website. Furthermore, it is the responsibility of the Member to contact
and question Doba's customer service representatives regarding any portion
of the Website that they have read but do not understand. The Member,
for example, is responsible for all information contained in the following
pages of the website as well as all information that is accessible by
following links found on the following pages:
In addition
to all information contained on the Website, the Member is accountable
for any and all new information added to the Website at any time in
the future. Such information is often, but not always, referenced in
the Press
Room.