Conditions of Use
Welcome to DB Embroidery Solutions Inc
Your Acceptance of this Legally Binding Agreement
IMPORTANT: BY ACCESSING, BROWSING OR USING THE SITE_NAME_UPPER WEB SITE AND THE INFORMATION, MATERIAL, PRODUCTS OR SERVICES PROVIDED THEREIN BY DB EMBROIDERY SOLUTIONS INC., YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree with the terms and conditions of this Agreement, do not use or access the SITE_NAME_LOWER web site or the information, material, products or services provided therein. This Agreement is between you and DB Embroidery Solutions Inc and is effective as at the date of your first access, browse or use of the SITE_NAME_LOWER web site.
Ownership of Content and Intellectual Property Protection
You acknowledge and agree that any and all information, material, products and services, including data, text, web pages, company names, product names, trade-marks, logos and trade names contained on the SITE_NAME_LOWER web site (collectively the “Content”), including the manner in which the Content is presented or appears and all information relating thereto, are the property of DB Embroidery Solutions Inc Content found on the SITE_NAME_LOWER web site is protected under proprietary or other intellectual property laws of Canada and other applicable jurisdictions, and any unauthorized use of such Content may violate such laws or this Agreement. Except as expressly provided herein, no license under any proprietary or other intellectual property right is granted or implied by granting access to the Content.
Content may be provided by a third party (“Third Party Content”). DB Embroidery Solutions Inc offers no guarantees and assumes no responsibility or liability of any type with respect to Third Party Content, including any liability resulting from incompatibility between Third Party Content and Content provided by DB Embroidery Solutions Inc. You agree that you will not hold DB Embroidery Solutions Inc responsible or liable with respect to Third Party Content or seek to do so.
License to Content
You are provided with a limited, personal, non-transferable, non-exclusive license to access, display, read, download and print one copy of the Content. Except as otherwise provided herein or in another written agreement with DB Embroidery Solutions Inc or its licensors, you may access, display, read, download and print the Content subject to the following conditions:
(a) You may use the Content only for personal, informational, non-commercial and internal purposes;
(b) You may not bundle, sell, license, sublicense, export, transfer, loan, rent, lease, assign, share, outsource, host, publish, distribute, part with possession or make available to any person, the Content, or any part thereof;
(c) You may not copy, edit, modify, adapt, create derivative works, translations, adaptations or arrangements, republish, transmit, merge, reverse engineer, decompile or disassemble the Content, or any part thereof, nor may you mirror the Content on any other server;
(d) You may not use the Content, or any part thereof, or output therefrom, for the direct benefit of any third party, nor shall you charge or receive, either by direct or indirect payment, or by trade of service, compensation, or fees from any third party, for the use of the Content or output therefrom;
(e) You may not alter, remove, or destroy any proprietary markings, or confidentiality legends, or notices placed on, or contained within, the Content; or
(f) You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of DB Embroidery Solutions Inc or its licensors or allow any third-party to access the Content.
DB Embroidery Solutions Inc reserves the right to revoke the authorization to access, display, read, download and print the Content available on the web site at any time and for any reason, and any such use shall be discontinued immediately upon notice from DB Embroidery Solutions Inc. The rights granted to you herein constitute a license and not a transfer of title.
Collection and Use of Information About You
Disclaimer of Warranties
All Content is provided “as is” without any warranties or conditions of any kind. You understand and agree that the use of the Content is at your sole risk. DB Embroidery Solutions Inc MAKES NO REPRESENTATIONS WITH RESPECT TO ANY CONTENT, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND, EXPRESS AND IMPLIED, REGARDING THE CONTENT, INCLUDING WITHOUT LIMITATION, ALL REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, AVAILABILITY, EFFECTIVENESS, NON-INFRINGEMENT OR OTHER NON-VIOLATION OF RIGHTS, SECURITY, PRIVACY, TITLE, USEFULNESS, SUITABILITY, QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, DB Embroidery Solutions Inc MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT (INCLUDING PRODUCTS AND SERVICES) WILL BE SATISFACTORY TO YOUR NEEDS, MEET YOUR EXPECTATIONS, OR BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR FREE FROM ERRORS.
Limitation of Liability
DB Embroidery Solutions Inc assumes no responsibility to you or any third party for the consequences of any inaccuracy, error or omission on the web site, regardless of cause. DB Embroidery Solutions Inc, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE AGENTS, EMPLOYEES, DIRECTORS OR OFFICERS, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF, OR THE INABILITY TO USE, THE DBES.CA WEB SITE OR ANY CONTENT PROVIDED THEREIN, OR ARISING OUT OF OR RELATING TO THE USE OF ANY WEB SITE LINKED HERETO, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST OPPORTUNITIES, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGE, EVEN IF DB Embroidery Solutions Inc IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR OF A CLAIM BY ANOTHER PARTY.
ALTHOUGH DB Embroidery Solutions Inc TAKES PRECAUTIONS TO PROTECT PERSONAL AND CONFIDENTIAL INFORMATION, THERE IS NO GUARANTEE, AND DB Embroidery Solutions Inc MAKES NO REPRESENTATION OR WARRANTY THAT PERSONAL AND CONFIDENTIAL INFORMATION TRANSMITTED TO OR FROM OR STORED ON THE DBES.CA WEB SITE, OR TRANSMITTED OVER THE INTERNET GENERALLY, WILL BE MAINTAINED CONFIDENTIAL AND SECURE. DB Embroidery Solutions Inc ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF PERSONAL OR CONFIDENTIAL INFORMATION PROVIDED BY YOU TO DB Embroidery Solutions Inc, UNLESS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND DB Embroidery Solutions Inc
IN NO EVENT SHALL DB Embroidery Solutions Inc, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE AGENTS, EMPLOYEES, DIRECTORS OR OFFICERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATING TO EVENTS BEYOND THE REASONABLE CONTROL OF DB Embroidery Solutions Inc, INCLUDING VIRUSES, FAILED OR UNDELIVERED MESSAGES, THE CORRUPTION OF DATA, TRANSMISSION ERRORS, ANY ACTION OR INACTION OF AN INTERNET SERVICE PROVIDERS, LINKS TO AND THIRD-PARTY WEB SITES AND THIRD-PARTY CONTENT (INCLUDING PRODUCTS AND SERVICES), EVEN IF DB Embroidery Solutions Inc IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR OF A CLAIM BY ANOTHER PARTY.
DB Embroidery Solutions Inc, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS AND EMPLOYEES CUMULATIVE TOTAL LIABILITY FOR ANY DAMAGE OR LOSS THAT YOU MAY SUFFER FROM ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO DB Embroidery Solutions Inc IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE TIME THAT THE DAMAGES OR LOSS FIRST OCCURRED. YOU ACKNOWLEDGE THAT DB Embroidery Solutions Inc’S PRICING REFLECTS THIS ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY SPECIFIED IN THIS AGREEMENT.
You agree to indemnify, defend, and hold DB Embroidery Solutions Inc, its affiliates, agents, suppliers, or their respective directors or employees, harmless against any and all actions, claims, costs, damages, demands, liabilities, proceedings, expenses or loss of any kind (including legal and other fees and disbursements) sustained, incurred or paid by DB Embroidery Solutions Inc arising out of the access to or use of the SITE_NAME_LOWER web site or any Content contained in or on the web site.
You acknowledge and agree that inherent in the procurement, compiling, collecting, interpreting, reporting, communicating, delivering and inputting digitally of the Content, there will be a degree of error which cannot be avoided even with standards of quality control which exceed industry standards. You further acknowledge that Third Party Content is provided by third parties and that DB Embroidery Solutions Inc cannot control such content.
You agree that you will not attempt to enter restricted areas of DB Embroidery Solutions Inc’s computer system or perform functions that you are not authorized to perform pursuant to this Agreement. DB Embroidery Solutions Inc may terminate this Agreement immediately without notice if it is determined that you have undertaken such unauthorized activity or if such unusual activity cannot be reasonably explained.
Amendments to the Web Site
You agree and acknowledge that DB Embroidery Solutions Inc may modify any or all of the SITE_NAME_LOWER web site at any time and that the web site, including without limitation any sites associated thereto, may periodically be unavailable to you in order to allow for maintenance and updates.
Termination of this Agreement
This Agreement is effective until terminated by DB Embroidery Solutions Inc, in its sole and absolute discretion. DB Embroidery Solutions Inc may terminate this Agreement without notice to you and will do so if you use or attempt to use the web site or the Content therein in any manner contrary to the terms of this Agreement. Any such termination by DB Embroidery Solutions Inc shall be in addition to and without prejudice to such rights and remedies as may be available to.