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Terms & Conditions of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY

Welcome to Dbi360.com! These Terms of Use describe the terms and conditions ("Agreement") applicable to your access and use of the website at www.Dbi360.com (“Site”). This document is a legally binding agreement between you as the user(s) of the web site (the "User(s)") and Dietary Business Intelligence Global LLC. (hereinafter referred to as "Dbi360.com"). Dbi360.com is a business service provider that promotes information and exchanges among its users. As with any business service, there are important rules and laws that you should understand and adhere to.

LANGUAGE OF THE TERMS

Where Dbi360.com has provided you with a translation of the English version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Dbi360.com. If there is any conflict between the English language version of the Terms and a translation, then the English language version shall take precedence.

USER(S) ELIGIBILITY

User(s) means any individual or business entity/organization that legally operates in USA or in other countries, uses and has the right to use the services provided by Dbi360.com. Our services are available only to those individuals or companies who can form legally binding contracts under the applicable law. Therefore, User(s) must not be a minor as per U.S. Law, i. e. User(s) must be at least 18 years of age to be eligible to use our services.

ACCEPTANCE OF AGREEMENT

This Agreement constitutes the entire and only agreement between Dbi360.com and the User, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by Dbi360.com from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. Before User subscribes to and/or begin participating in or using this Site, Dbi360.com User(s) must fully read, understand and, accept the agreement. If the User(s) do not accept all of the Terms of Use Agreement, the User(s) may not use this Site.

Under this Agreement, a User is any person who accesses the Site for whatever purpose, regardless of whether such User has registered with Dbi360.com as a free member or whether such User is paying a subscription fee for a specific service provided by Dbi360.com. A User is considered as a "Member" after completing registration process. A User includes the person and any legal entity which may be represented by such person under actual or apparent authority using this Site.

Dbi360.com has no involvement in the actual transaction between buyer and seller. We have no control over the quality, safety, or legality of items advertised, the truth or accuracy of the listings, the ability of sellers to actually sell items they list, or the ability of buyers to actually buy items. Please remember that there are risks in dealing with people you do not know, and that Dbi360.com has no control over such risks.

Dbi360.com reserves all the rights and authorities to modify and update this Agreement at anytime, without prior notice, by updating this posting. Any posted changes are effective immediately after posting. User(s) continued use of the Site constitutes a confirmation that User(s) have read, understood, and accept the Agreement and its amendments.

Because Dbi360.com is not involved in the transactions between User(s), User(s) hereby release Dbi360.com and its agents, employees, and affiliates from all refunds or warranties (express and implied), claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with listings, completed or incomplete transactions, or items offered or actually sold.

INTELLECTUAL PROPERTY RIGHTS

Dbi360.com is the sole owner or lawful licensee of all the rights to the Site and its content. Site content refers to design, layout, text, images, graphics, sound, video etc. The Site content embodies trade secrets and intellectual property rights protected under USA and international copyright and other laws. All title, ownership and intellectual property rights in the Site and its content shall remain with Dbi360.com, its affiliates or licensors of Dbi360.com content, as the case may be.

All rights not otherwise claimed under this agreement or by Dbi360.com, are hereby reserved. The information contained in this Site is intended solely to provide general information for User(s), who accepts full responsibility for its use. Dbi360.com does not represent or endorse the accuracy or reliability of any information or advertisements (collectively, the "content") contained on, distributed through, linked, downloaded or accessed from any of the services contained on this Site. Dbi360.com does not represent or endorse the quality of any products, information, or materials obtained by User(s) as a result of an advertisement or offer in connection with this service.

We accept no responsibility for any errors, omissions, or results obtained from the use of this information. All information in this Site is provided "as is" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall, to any extent, substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event shall Dbi360.com be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the service, the materials and the products. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.

COPYRIGHT

All the Site contents, such as all the information at Dbi360.com including, but not limited to, text, graphics, logos, icons, images or any other content belong to Dbi360.com and are expressly managed by Dbi360.com. The compilation and the design of the contents on the Site are the sole property of Dbi360.com or its content suppliers and protected by U.S. and international copyright laws. The compilation of all content included in or made available through any Dbi360.com service is the exclusive property of Dbi360.com and protected by U.S. and international copyright laws.

This Site or any portion of this Site cannot be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose without written permission by Dbi360.com or the third party content provider to Dbi360.com. User(s), by accepting this Agreement, acknowledges that he/she will not copy, reproduce, share or download any information, text, images, video clips, directories, files, databases or listings available on the Site, for the purpose of re-selling or re-distributing the Site content, mass mailing, or otherwise commercially exploiting the Site content without written permission from Dbi360.com.

User(s) further agrees to grant Dbi360.com a non-exclusive and royalty free right to sublicense, reproduce, transmit, distribute, or create any derivative works or materials of information you publish, transmit or provide to Dbi360.com by any means.

By User(s)'s acceptance of this Agreement, User also grants to Dbi360.com all the rights to use its name or company information in connection with the submitted materials and other information as well as in connection with any or all the advertising, marketing and promotional materials related thereto.

TRADEMARK

“DBI”, “Dbi360.com” and related icons and logos are registered trademarks or trademarks or service marks of Dbi360.com in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited. Other product and company names mentioned on the Site may be trademarks of their respective owners.

LINKS TO THIRD PARTY SITES

Links to third party sites are provided by Site as a convenience to User(s) and Dbi360.com does not have any control over such sites i.e. content and resources provided by them.

Dbi360.com may allow User(s) access to content, products or services offered by third parties through hyper links (in the form of word link, banners, channels or otherwise) to such third party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. Dbi360.com believes that User(s) acknowledge that Dbi360.com has no control over such third party's site, does not monitor such sites, and Dbi360.com shall not be responsible or liable to anyone for such third party site, or any content, products or services made available on such a site.

COUNTRY SPECIFIC RESTRICTIONS

The Site is hosted by Dbi360.com from the United States. Dbi360.com makes no representation that the Site is appropriate or available for use at other locations outside of the United States. Access to the Site from territories where the Site's content is illegal is prohibited. If you access the Site from a location outside of the United States, you are responsible for compliance with all applicable laws. You may not use the Site or export information and materials in violation of the export laws of the United States or any other country.

GOVERNING LAW

These Terms of Use will be governed by the laws of the State of Texas, United States of America, without reference to its choice of law principles. Subject to the below dispute resolution provision, and without limiting its scope, you consent to the exclusive jurisdiction in the state courts and federal courts of competent jurisdiction in Collin County, Texas or the U.S. for any claims or disputes that are determined not to be subject to resolution by arbitration, as provided in the dispute resolution provision below.

INDEMNIFICATION

You agree to indemnify, defend and hold Dbi360.com and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

FORCE MAJEURE

Under no circumstances shall Dbi360.com be held liable for any delay or failure or disruption of the content or services delivered through the Sites resulting directly or indirectly from acts of GOD, forces or causes beyond our reasonable control, including but not limited to: Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of nature, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

RULES OF CONDUCT

By using Dbi360.com, User(s) hereby warrants and agrees to provide Dbi360.com with true, accurate, current and complete information to be displayed on this Site and maintain and promptly amend all information to keep it true, accurate, current and complete.

User(s) hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub-licensable license to Dbi360.com, to display, use and reuse all information provided by such User in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights the User(s) has in such material or information, in any media known.

User(s) hereby represents, warrants and agrees that it has obtained all necessary third party copyright or trademark licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on the Site or provides to Dbi360.com or authorizes Dbi360.com to display, or the products represented thereby, do not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party, or is posted with the permission of the owners of such rights.

Any of the following is automatically considered a material breach of this Agreement and forfeiture of any or partial access to the Site and/or its products and services:

  • Using the Site in violation of local, national, or international laws;
  • Violating any ordinance or regulation including without limitation, those governing export control, consumer protection, unfair competition or false advertising;
  • Posting or transmitting any unsanctioned advertising, promotional materials, including junk mail, spam, chain letters or any unsolicited mass distribution of email;
  • Posting or transmitting any data or material which contains computer viruses, corrupted files or any other similar destructive software and codes that may damage or have the effect of interfering with or intercepting any software or hardware system, data or personal information;
  • Posting, uploading, emailing or transmitting any trade leads, information, data, text, files, links, chat, communication, or any other materials or any content that are unlawful, harmful, illegal, threatening, abusive, intruding another's privacy, slanderous, vulgar, racist, embarrassing or otherwise objectionable to any other person or entity as determined by Dbi360.com in its sole discretion;
  • Collecting or storing personally identifying information about other users for unlawful or unauthorized purposes;
  • Being obscene or containing any pornography or sex-related merchandising or any other content or otherwise promoting sexually explicit materials;
  • Being harmful to minors;
  • Impersonating any person or providing false information on your registration form;
  • Posting material that infringes on the intellectual property rights, copyright, patent, trademarks, trade secret or other rights of others;
  • Acting in any other manner, which Dbi360.com, in its sole discretion finds unacceptable

User(s) acknowledges and agrees that Dbi360.com shall have the right (but not the obligation), in its sole discretion, to refuse to publish, remove, or block access to any content that is available via the features, products and services provided by this Site, at any time, for any reason, or for no reason at all, with or without notice. Dbi360.com may also terminate access to, or membership in Dbi360.com, or any portion thereof, for violating this Agreement.

User(s) acknowledges and agrees that Dbi360.com may preserve the content and may also disclose such content if required to do so by law, government authority, regulatory authority or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, to enforce this Agreement, to respond to claims that any content violates the rights of third-parties, or for the protection of the rights, property, or personal safety of Dbi360.com, its users and the public.

Dbi360.com reserves the right to cooperate fully with governmental authorities and/or injured third parties in the investigation of any suspected criminal or wrongdoing. Further, Dbi360.com may disclose the User(s)'s identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a legal action, and Dbi360.com shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Dbi360.com for such disclosure.

LIMITATION OF LIABILITY:

THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE", AND “WITH ALL FAULTS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, ELECTRONIC VIRUSES, PROBLEMS OR OTHER LIMITATIONS. Dbi360.com AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, Dbi360.com AND IT’S AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Any material downloaded or otherwise obtained through the Site is done at each User(s)'s sole discretion and risk and each User(s) is solely responsible for any damage to Dbi360.com’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User(s) from Dbi360.com or through or from the Site shall create any warranty not expressly stated herein.

Dbi360.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following.

  • A. the use or the inability to use the Site or services;
  • B. any defect in goods, samples, data, information or services purchased or obtained from User(s) or any other third party through the Site;
  • C. violation of Third Party Rights or claims or demands that User(s)'s manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate third party rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by third party rights claimants;
  • D. unauthorized access by third parties to data or private information of any User;
  • E. statements or conduct of any User(s) of the Site or;
  • F. any matters relating to services however arising, including negligence.

The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Dbi360.com has been advised of or should have been aware of the possibility of any such losses arising.

THE FUNCTION OF THE SITE

Through the Site, Dbi360.com provides an electronic web-based platform for exchanging information between buyers and sellers of goods and services. Dbi360.com, the Site, acts as a venue for User(s) to locate people to trade with and to negotiate the quality of goods and services. However, Dbi360.com is not involved in the actual transaction between trading parties. Dbi360.com does not represent the seller or the buyer in any transaction and does not charge any commissions from the parties of a transaction. As a result, Dbi360.com has no control over and is not responsible for the quality, safety, availability or legality of the provider's items in trades, the truth or accuracy of the items and their information, the ability of traders to fulfill their obligation in any trade agreement.

User(s) are solely responsible for all of the transactions conducted on, through or as a result of use of the Site including, without limitation, terms regarding payment, returns, warranties, liabilities, damages, delays, misrepresentations, shipping, insurance, fees, taxes, licenses, fines, handling, transportation and storage.

User(s), hereby, agrees and acknowledges that there may be risks of dealing with people acting under false pretences. Because the verification on the Internet is difficult, Dbi360.com cannot and does not confirm each User(s)'s registered personal or company information. Dbi360.com User(s) should use their own independent judgment to evaluate with whom they are dealing.

REGISTRATION AND MEMBERSHIP

Certain products and services will require User(s) to register. A User(s) must fill out some online registration forms to become a "Member" of Dbi360.com. These forms contain information about the member and its company such as name, address, contact information, details of business, etc. As registering for the Site, User(s) agree that; you have provided true, accurate, valid and complete information about yourself or company you represent and you also agree that you will promptly update the member information to keep it true, accurate, valid, and complete when changes occur. User(s) may edit, update or alter their personally identifiable information at any time by using the tools provided by the Site.

If the User(s) provides or attempts to give any information, that is untrue, inaccurate, invalid, or incomplete, Dbi360.com has the rights and authorities to suspend or terminate User(s)’s registration and refuse any or all use of Dbi360.com and its features, products and services. If you have registered for Dbi360.com on behalf of a business entity or a company, you represent and warrant that you have the authority to bind such entity or company to the Agreement and the address you use is the principal place of business of such business entity.

All information given through registrations becomes the exclusive property of Dbi360.com and its subsidiaries. By becoming a Member, you consent to the inclusion of your personal data in Dbi360.com 's database and authorize Dbi360.com to share such information with other User(s) and Members. Dbi360.com reserves the right to use and reuse all registration and other personally identifiable user information.

By filling out registration forms, a member is assigned a unique Member ID among member IDs and a password the member chooses for logging in its account. Members are responsible for maintaining the confidentiality of the member ID and password, and are fully responsible for all activities that occur under that member ID or password. So you must ensure that you exit (log out) from your account at the end of each session. Dbi360.com cannot be and will not be liable for any loss or damage arising from your failure to comply with these requirements.

FEES

Members pay an annual membership fee to Dbi360.com for using the Site's certain features, products and services related to their membership. Members may also purchase certain extra features, products and services which are not included in their membership packages with respect to their membership types. The membership fee and/or any additional fee for extra features would be subject to revision at the time of renewal for the subsequent year(s) as agreed upon by Dbi360.com and the user(s).

Dbi360.com may at its sole discretion add to, delete, or change some or all of the contents of the Site or its functionality, or change the applicable fees for using the Site at any time.

Members are responsible for paying all applicable taxes in addition to fees of features, products and services they use in United States of America and/or any other country of the user.

Paid membership fee will not be refunded even though a member requests to terminate its membership before the expiry of the membership period.

GENERAL CONDITIONS

  • 1. Subject to any additional agreements, the Agreement constitute the entire agreement between you and Dbi360.com and govern the use of the Sites and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
  • 2. Dbi360.com and User(s) are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Agreement.
  • 3. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
  • 4. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
  • 5. Dbi360.com’s failure to enforce any right or failure to act with respect to any breach by User(s) under the Agreement will not constitute a waiver of that right nor a waiver of Dbi360.com’s right to act with respect to subsequent or similar breaches.
  • 6. Dbi360.com shall have the right to assign the Agreement (including all of the rights, titles, benefits, interests, and obligations and duties in the Agreement to any person or entity (including any affiliates of Dbi360.com). You may should not assign, in whole or part, the Agreement to any person or entity.
  • 7. The Agreement shall be governed by the laws of Texas, USA without regard to its conflict of law provisions. The parties to the Terms hereby submit to the exclusive jurisdiction of the courts of Texas, USA.