Legal Info | Terms of Use

 

Data Business Services USA Inc.

101 N Tryon Str
Suite 600

Charlotte, NC 28246
USA

Mobile phone number: +1 585 902-9997
E-Mail: niedermeier[at]db5.io
Internet: www.data-business-services.us

President: Robert Niedermeier

Registration State: Delaware
File Number: 6905617

Design and programming: Fachwerk-Konzept

Photo credits:

shutterstock.com
– v3893477.mov

istockphoto.com
Bild-Nr.
– 96334568
– 490132012

pxhere.com
– flag-flag-of-the-united-states-Flag-Day-USA-veterans-day-memorial-day-independence-day-1614066-pxhere.com
– red-flag-usa-florida-flag-of-the-united-states-503155-pxhere.com

freepik.com
– O6JTUC0
– spyware-computer-hacker-virus-malware-concept
– 89 Designed by skadyfernix / Freepik

Terms of Use

Last updated: March 2024

 

These Terms of Use (the “Terms”) govern your access to and use of Data Business Services USA, Inc. (“COMPANY”) Services (defined in section 1 below). By using the Services, you agree to be bound by these Terms.

 

  1. Our Services

At COMPANY, privacy is our business. The Services consist of our website (https://www.data-business-services.us) and any functions provided by, through, or in conjunction with the website, including but not limited to website content and newsletters (collectively, the “Services”).

 

 

  1. Who May Use the Services

You must be eighteen (18) years of age or older to use our Services. By using the Services, you represent to us that you are over the age of 18. You further agree that you are fully able and competent to enter into the terms, conditions, obligations, representations, and responsibilities set forth in these Terms.

Our services and products are offered, sold and distributed only to business and B2B customers. By contracting with us you are agreeing to these Terms on behalf of your organization, and you represent and warrant that you have the legal authority to bind your organization to these terms and conditions.

 

 

  1. Representations and Warranties

We represent and warrant that we will provide the Services and perform our other obligations under these Terms in a professional and workmanlike manner substantially consistent with general industry standards. We shall use reasonable commercial efforts to comply with all applicable laws, ordinances, codes, regulations, rules, policies, regulations and procedures and the requirements of any other public or private authority, including without limitation any and all laws related to the privacy of personal information, in each case as applicable to the handling by us of your Content (defined in section 4 below) under these Terms.

 

 

  1. Your Responsibilities

The Services include functionality to enable you to upload comments, feedback, and other materials (“Content”). You hereby grant COMPANY a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable license to reproduce, distribute, perform and display, create derivative works of, adapt, modify and otherwise use and exploit such Content for any purpose (including promotional purposes, such as testimonials).
You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Content does not violate any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of your Content.

In using the Services, you agree not to upload, send, post, email, or otherwise transmit via the Services any Content that (i) contains viruses other code or software that damages, destroys or interferes with (or is intended to damage, destroy, or interfere with) the communications networks or computer systems of COMPANY, or our employees, contractors, affiliates, or customers, (ii) contains unlawful, tortious, libelous, defamatory, abusive, racist, harassing, or threatening material, or is invasive of another’s privacy, another’s right of publicity, is pornographic, or otherwise objectionable as determined by us in our sole discretion, or (iii) constitutes unsolicited commercial bulk email (spam), or is prohibited by the CAN-SPAM Act of 2003, or any other applicable law regulating email services. We shall be entitled, at our sole discretion, to remove any material that breaches these Terms or is otherwise objectionable.

 

 

  1. Termination

We reserve the right to immediately and without notice suspend or terminate your access to any of the Services if we reasonably believe that you have violated these Terms.

 

 

  1. Ownership and Intellectual Property Rights

The Services, including the website and content contained therein (including without limitation the Website design, text, graphics and all software and source codes connected with the Services) are protected by copyright, trademarks, patents and other intellectual property rights and laws that are owned by COMPANY or other third parties from whom COMPANY has the right to display such intellectual property. In accessing the Services, you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. We hereby grant you a limited, personal, and non-exclusive license to copy and/or print pages viewed through the Website or the Services for personal, non-commercial use only.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Services infringe your copyright, you (or your agent) may send to COMPANY a written notice by mail, e-mail or fax, requesting that we remove such material or block access to it. See http://www.copyright.gov for details. Notices must be sent in writing to:

 

Data Business Services USA, Inc.
101 N Tryon Street, Suite 600

Charlotte, NC 28246

niedermeier@db5.io

 

  1. Privacy

You consent to our Privacy Policy, which explains how we collect and use the information you provide to us. Our Privacy Policy is hereby incorporated herein by reference.

 

  1. Indemnification

You agree to indemnify, defend, and hold harmless COMPANY, and its affiliates, officers, directors, agents, and employees from any claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to your access to or use of, or activities in connection with, the Services.

 

  1. Disclaimer

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OR TRADE.

While we try to maintain the timeliness, integrity and security of the Services, we do not guarantee that the Services are or will remain updated, complete, correct or secure, or that access to the Services will be uninterrupted. The Services may include inaccuracies or errors.

 

  1. Limitations of Liability

COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, OR LOSS OF SECURITY OF SUBMITTED MATERIALS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMITTED MATERIALS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, LUCID WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR FROM ANY THIRD-PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THEM. THE MAXIMUM AGGREGATE LIABILITY OF LUCID FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE $100.
Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.

 

  1. Third Party Materials

The Services may make available or provide links to third party websites, content, or information (“Third Party Materials”). COMPANY does not control, and is not responsible for, any Third-Party Materials and the availability of any Third-Party Materials via our Services does not imply endorsement of, or affiliation with the provider of Third-Party Materials. Your use of Third-Party Materials is at your own risk.

 

  1. Changes to these Terms

We may update or otherwise modify these Terms from time to time. If we make material changes, we will post the updated Terms on this page with a “Last Updated” effective date of the revisions. Your continued use of the Services after an update will constitute acceptance.

 

  1. General Provisions

13.1. Independent Contractors
It is expressly agreed that the Parties shall be independent contractors and that the relationship between the Parties shall not constitute a partnership, joint venture or agency. Neither party shall have the authority to make any statements, representations or commitments of any kind, or to take any action, which shall be binding on the other party, without the prior consent of such other party.

 

13.2. Assignment
These Terms and all rights and obligations hereunder may not be assigned without the written consent of the other party.

 

13.3. Severability

Should any part of these Terms be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect without invalidating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

13.4. Waiver

No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. Our failure to require the performance of any term or obligation of these Terms, or the waiver by any party of any breach of these Terms, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

13.5. Survival

The respective indemnities, representation and warranties, and our rights under these Terms will survive any termination of these Terms.

13.6. Governing Law
These Terms shall be construed in accordance with the laws of the state of Delaware, without reference to its conflict of law provisions, and the obligations, rights, and remedies of the Parties hereunder shall be determined in accordance with such laws.

13.7. Headings
The headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.