Delivery Biz Pro, LLC ("DBP") operates each website ("Site") that links to these Terms of Use to provide online access to information about DBP and the products, services, and opportunities we provide. Use of the DBP Service is governed by our Terms of Service and Subscriber Agreement ("Subscriber Agreement").
By accessing and using the Site, you agree to these Terms of Use.
DBP reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by these Terms of Use as modified. The last date these Terms of Use were revised is set forth above.
You may use the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the "Content") solely for your non-commercial, personal purposes and/or to learn about DBP products and services, and solely in compliance with these Terms of Use.
By accessing the Site, you agree that you will not:
The Site is based upon proprietary DBP technology and includes the Content. The Site is protected by applicable intellectual property and other laws, including trademark and copyright laws. The Site, including all intellectual property rights in the Site, belongs to and is the property of DBP or its licensors (if any). DBP owns and retains all copyrights in the Content. Except as specifically permitted on the Site as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Site, in whole or in part, by any means. DBP, the DBP logos, and other marks used by DBP from time to time are trademarks and the property of DBP. The appearance, layout, color scheme, and design of the deliverybizpro.com site are protected trade dress. Customer does not receive any right or license to use the foregoing. DBP may use and incorporate into the Site or the DBP Service any suggestions or other feedback you provide, without payment or condition.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement on the Site or the Service should be sent to DBP's designated Copyright Agent. See the Claims of Copyright Infringement instructions below.
You represent that you have all right, title, and interest to materials you post on the Site or provide to DBP ("Materials"), including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the Materials, and that posting such Materials does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted Materials is true and your own work or work you are authorized to submit, and that the posted Materials do not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the Materials you supply do not violate these Terms of Use.
Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by DBP of the third party, the third-party web site, or the information there. DBP is not responsible for the availability of any such web sites. DBP is not responsible or liable for any such web sites or the content thereon. If you use the links to the web sites of DBP affiliates or service providers, you will leave the Site and will be subject to the terms of use and privacy policy applicable to those web sites.
DBP cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
DBP AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SITE OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICE AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. DBP AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DBP IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DBP AND ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF DBP OR ANY OF DBP'S SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, DBP IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF DBP AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED DOLLARS.
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless DBP, its subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of these Terms of Use.
Your use of the Site is subject to DBP's Privacy Policy, available at deliverybizpro.com/legal/privacy-policy.html
If you are a customer of DBP or an employee, representative or agent of a DBP customer, your use of the DBP Service is subject to DBP's Subscriber Agreement, available at deliverybizpro.com/legal/subscriber-agreement.html
Copyright 2016 DBP. All rights reserved
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Claims of Copyright Infringement
DMCA Notices
DBP respects the intellectual property rights of others, and we ask our users to do the same. DBP may, in its sole discretion, suspend the access or terminate the accounts of users who violate others' intellectual property rights.
If you believe that your work has been copied in a way that constitutes infringement on DBP's website, please provide the following information to DBP's Copyright Agent.
Contact DBP:
The DBP Copyright Agent for notice of claims of copyright infringement on or relating to this website ("Notifications") can be reached either by sending an e-mail to legal@deliverybizpro.com or by sending a letter via U.S. Mail to: Delivery Biz Pro, 324 Main Street, Longmont, CO 80537 USA, Attn: Legal.
Submission of Notification:
To be effective, the Notification must include the following:
Receipt of Notification:
Upon receipt of the written Notification containing the information as outlined in a through f:
Counter Notification:
An Alleged Infringer may submit a Counter Notification to contest the claim of alleged infringement. To be effective, a Counter Notification must be a written communication provided to DBP's Copyright Agent that includes substantially the following:
Receipt of Counter Notification:
Upon receipt of a Counter Notification containing the information as outlined in a through d above:
LAST UPDATED: December 2, 2016
This Terms of Service & Subscriber Agreement (collectively referred to as the "Subscriber Agreement") is between Delivery Biz Pro, LLC, a Colorado Limited Liability Company ("DBP") and the person or organization agreeing to these terms ("Customer"). This Subscriber Agreement governs Customer's access to DBP's home and commercial delivery management services and its associated applications and website (the "Service"). By executing and returning to DBP an Order Form, or by clicking the check-box during the registration process or on the login screen ("I agree to the Terms of Service and Subscriber Agreement") or otherwise using the Service, you expressly agree on behalf of Customer to be bound by and comply with this Agreement.
This Agreement is effective as between Customer and DBP from the earliest date on which you returned to DBP an executed Order Form, clicked the check-box during the registration process or on the login screen, or otherwise started to use the Service. If an individual is entering into this Subscriber Agreement on behalf of an organization, such organization shall be deemed the Customer hereunder and such individual hereby represents and warrants that he has the power and authority required to bind such organization to this Subscriber Agreement. If you are not authorized to enter into this Agreement on behalf of Customer or Customer does not agree to be bound by any term or condition contained in this Agreement, do not use the Service.
Where DBP is required to access and disclose Customer's account information and Content, DBP will use commercially reasonable efforts, to the extent DBP is permitted to do so, to give Customer as much notice of this disclosure as possible.
This Subscriber Agreement will remain in effect until Customer terminates its subscription to the Service or until this Subscriber Agreement is otherwise terminated as provided for herein. After the date that is one year (twelve (12) calendar months) after the date the Customer first agrees to this Subscriber Agreement, Customer may terminate this Agreement at any time upon thirty (30) days written notice to DBP. In addition, either party may terminate this Subscriber Agreement if: (a) the other party is in material breach and fails to cure such breach within twenty (20) days following receipt of written notice from the non-breaching party; (b) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within 90 days. In the event that this Subscriber Agreement is terminated, (i) the rights granted to Customer pursuant to this Subscriber Agreement (except as specifically set forth in this section) will cease immediately; and (ii) any premium features provided to Customer will cease to be provided. The following sections will survive expiration or termination of this Subscriber Agreement: Sections 4.1.2 and 4.1.3, 6-9, and 12.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT IN CONNECTION WITH THEIR RESPECTIVE INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT SHALL EITHER PARTY OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE UNDER THIS SUBSCRIBER AGREEMENT FOR (I) ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; OR (II) LOSS OF USE, DATA, BUSINESS REVENUES, PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), GOODWILL, OR OTHER INTANGIBLE LOSSES. UNDER NO CIRCUMSTANCES WILL DBP BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR CUSTOMER'S ACCOUNT OR THE INFORMATION CONTAINED THEREIN BY ANY THIRD PARTY. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER A PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
EXCEPT IN CONNECTION WITH ITS INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT SHALL DBP BE LIABLE TO CUSTOMER FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT PAID BY CUSTOMER TO DBP HEREUNDER DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
The Service is hosted from facilities in the United States, Australia and Ireland. DBP makes no representations that the Service is appropriate or available for use in other locations. Customers who access or use the Service from other jurisdictions (or who allow their End Users to do so) do so of their own volition and are responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. If Customer is located outside of the United States, Customer agrees that DBP may transfer, store and process Customer Content in locations other than Customer's country.
The export and re-export of Content via the Service may be controlled by the United States Export Administration Regulations or other applicable export restrictions or embargo. The Service may not be used in any country that is subject to an embargo by the United States and Customer may not use the Service in violation of any export restriction or embargo by the United States or any other applicable jurisdiction. In addition, Customer must ensure that the Service is not made available for use by persons or entities blocked or denied by the United States government.
DBP will not knowingly publish content in violation of the Digital Millennium Copyright Act (DMCA). If you believe content has been displayed, reproduced, printed or otherwise distributed by DBP through the Front End Website or Back End Website in violation of any third party copyright, please notify DBP in writing. Send your notice to Delivery Biz Pro, LLC, 324 Main Street, Longmont, Colorado 80501, attention: Legal Department, and include the following:
You acknowledge that if you fail to comply with all the requirements of this Section, your DMCA notice may not be valid.
LAST UPDATED: December 2, 2016
This Privacy Policy describes the practices of Delivery Biz Pro, LLC ("DBP") regarding the collection, use and disclosure of the information we collect from and about you, your employees and agents, and your End Users when you and they use DBP's web-based and mobile applications for home and commercial delivery (the "Service"). We take our obligations regarding the privacy of you, your employees and agents, and your End Users seriously and have made every effort to draft this Privacy Policy in a manner that is clear and easy for you to understand. By accessing or using the Service, you agree to this Privacy Policy, our Acceptable Use Policy and our Subscriber Agreement.
Information You Provide to Us
We collect personal information from you and your employees, such as your name and email address, when you register for an account with the Service. Any user name, email addresses and any optional profile information that is associated with your account is referred to herein as as "Profile Information."
We also collect personal information from your End Users, such as name, address, telephone number and email address when your End User's register for an account on the Service.
For billing we either utilize a third party credit card payment processing company to collect payment information, including your credit card number, billing address and phone number or we use a third party Electronic Data Interchange company to collect payment information from your cooperative, including member id number and billing address. We will share this payment information with the third party company as detailed below in "How We Share Your Information: With Trusted Service Providers and Business Partners." We do not store your payment information.
We may use your email address to send you Service-related notices (including any notices required by law, in lieu of communication by postal mail). We may also use your email address to send you announcements and information about other products or services (including third party services) that you may be interested in (together, the "Marketing Messages"). You may opt-out of receiving Marketing Messages at any time by following the instructions provided in the Marketing Message. Through your account interface, you may also opt-out of receiving categories of Service-related notices that are not deemed by DBP to be integral to your use of the Service.
Even if you are not a registered user of our Service, if you email us we may retain a record of such email communication, including your email address, the content of your email, and our response.
Your use of the Service will involve you uploading or inputting various content into the Service; including but not limited to: employee names, employee email addresses, employee cell phone numbers and employee wages (together, the "Content").
DBP may view your Content only as necessary (i) to maintain, provide and improve the Service; (ii) to resolve a support request from you; (iii) if we have a good faith belief, or have received a complaint alleging, that such Content is in violation of our Acceptable Use Guidelines; (iv) as reasonably necessary to allow DBP to comply with or avoid the violation of applicable law or regulation; or (v) to comply with a valid legal subpoena or request that meets the requirements of our Law Enforcement Guidelines. We may also analyze the Content in aggregate and on an anonymized basis, in order to better understand the manner in which our Service is being used.
We use technologies like cookies and pixel tags to provide, monitor, analyze, promote and improve the Service. For example, a cookie is used to remember your user name when you return to the Service and to improve our understanding of how you interact with the Service. You can block cookies on your web browser; however please be aware that some features of the Service may not function properly if the ability to accept cookies is disabled.
When you use the Service, our servers automatically record certain information in server logs. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, mobile carrier, and other such information. Log files help us to monitor, analyze, improve and maintain the Service and to diagnose and fix any Service-related issues.
When you access the Service using a mobile device, we collect specific device information contained in your mobile device's "device identifier." This device identifier includes information such as the type of device you are using, its operating system, and mobile network information, which may include your mobile phone number. We may associate this device identifier with your Service account and will use data associated with your device identifier to customize our Services to your device and to analyze any device-related issues.
We may collect and process information about the location of the device from which you are accessing the Service. Location data may convey information about how you browse the Service and may be used in conjunction with personally identifiable information.
We may share the information we collect from you with third parties as detailed below.
As Directed By You
We will display your Profile information on your profile page and elsewhere on the Service in accordance with the features of the Service you are using. You can review and revise your Profile information at any time.
We will display your Content within the Service as directed by you
If you elect to use a third party application to access the Service, then we may share or disclose your account and Profile information and your Content with that third party application as directed by you. Please remember that we are not responsible for the privacy practices of such third parties so you should make sure you trust the application and that it has a privacy policy acceptable to you.
With Trusted Service Providers and Business Partners
We may utilize trusted third party service providers to assist us in delivering our Service. For example, we may use third parties to help host our Service, send out email updates, provide in app communication or process payments. These service providers may have access to your information for the limited purpose of providing the service we have contracted with them to provide. They are required to have a privacy policy and security standards in place that are at least as protective of your information as is this Privacy Policy. We may also store personal information in locations outside the direct control of DBP (for instance, on servers or databases co-located with hosting providers).
With Law Enforcement or In Order to Protect Our Rights
We may disclose your information (including your personally identifiable information) if required to do so by law or subpoena and if the relevant request meets our Law Enforcement Guidelines. We may also disclose your information to our legal counsel, governmental authorities or law enforcement if we believe that it is reasonably necessary to do so in order to comply with a law or regulation; to protect the safety of any person; to address fraud, security or technical issues; or to protect DBP's rights or property.
In an Aggregate and Non-Personally Identifiable Manner
We may disclose aggregate non-personally identifiable information (such as aggregate and anonymous usage data, platform types, etc.) about the overall use of our Service publicly or with interested third parties to help them understand, or to help us improve, the Service.
In Connection With a Sale or Change of Control.
If the ownership of all or substantially all of our business changes, we may transfer your information to the new owner so that the Service can continue to operate. In such case, your information would remain subject to the promises and commitments contained in this Privacy Policy until such time as this Privacy Policy is updated or amended by the acquiring party upon notice to you.
When you enter data into the Service, it is encrypted through a secure 256-bit SSL connection. We host data in secure SSAE 16 audited data centers via Amazon RDS in the United States.
Although we allow you control over where you share your Content and what information is included in your Profile and take reasonable steps to maintain the security if the information associated with your account, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other users with whom you share your Content and we are not responsible for third party circumvention of any privacy settings or security measures on the Service.
You may, of course, decline to submit personally identifiable information through the Service, in which case DBP may not be able to provide certain services to you. You may update or correct your account information at any time by logging in to your account.
Our Service is not directed to persons under 13. DBP does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for an account on the Service. If we become aware that we have collected personal information from a child under age 13 without verification of parental consent, we take steps to remove that information. If you believe that we might have any information from or about a child under 13, please contact us.
We may transfer information that we collect about you, including personally identifiable information, to affiliated entities, or to other third parties (as provided herein) across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. and the use and disclosure of information about you, including personal information, as described in this Privacy Policy.
We are not responsible for the practices employed by websites linked to from within the Service, nor the information or content contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy is no longer in effect and your activities on that third party website is subject to such third party website's own rules and policies.
Some browsers have a "do not track" feature that lets you tell websites that you do not want to have your online activities tracked. We currently do not respond to "do not track" signals.
If we change our Privacy Policy, we will post those changes on this page to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it. Changes to this Privacy Policy are effective when they are posted on this page.
LAST UPDATED: December 2, 2016
All users of the web-based and mobile applications for home and commercial delivery (the "Service") provided by Delivery Biz Pro, LLC ("DBP") are expected to comply with this Acceptable Use Policy. Failure to do so may result in suspension or termination of your account. If you have agreed to DBP's Subscriber Agreement on behalf of your organization, then this Acceptable Use Policy will apply to all users of the Service under your account (including your employees, agents and your End Users).
No Misuse of the Service. You agree not to misuse the Service. For example, you may not:
Content Standards. You may not post any Content on the Service that:
You can recover your lost account information using the form below. Please enter your valid e-mail address (the one you used for registration), your account information will be mailed to you shortly.