Last Updated: August 08, 2023
Welcome to the DB E.C.O. North America Inc. Website (“Site”). These Website Terms of Service (“Terms”) govern all access to or use of the Site, including use of the Site resources, content, and features (the “Services”), and constitutes a binding legal agreement between you (“you”, “your”, or “User” refers to the person that visits or uses our Site and Services) and to DB E.C.O. North America Inc. and, as applicable, its affiliates (“DB ECO NA”, “we”, “us”, or “our”).
NOTE THAT THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION IN SECTION 23 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
If you have any questions or comments about these Terms, please contact us. By accessing or using our Site, you agree to these Terms. If you do not agree to be bound by these Terms, including the mandatory arbitration provision and class action waiver, you are not authorized to access or use the Site or Services for any purpose.
1. PRIVACY NOTICE
Applicable national, federal, provincial, territorial, and/or state laws govern the collection, use, and disclosure of personal information within the Site and Services. Our Privacy Notice explains how personal information about you is handled by us while providing Services to, and interacting with, Users of our Site. By accessing or using our Site or Services you agree that DB ECO NA can collect, store, use, and disclose such information in accordance with our Privacy Notice, which is hereby incorporated into these Terms by reference. If you do not agree with our Privacy Notice, you should immediately cease any use of our Site and Services. For further information about how and why we collect, store, use, and disclose your personal information, please visit our Privacy Notice.
2. SITE AND SERVICES OVERVIEW
The DB ECO NA Site is primarily informative, providing a full overview of its environmentally aware transportation infrastructure advances in engineering, consulting, and operations. The site provides information about DB ECO NA services and its zero-emissions centers, present and upcoming DB ECO NA careers, as well as current and completed DB ECO NA projects, DB ECO NA white papers and reports, and the DB ECO NA newsletter and blog.
The Site offers a number of User Services. Users can use the Site to register for DB ECO NA conferences, webinars, delegations, and other events. The Site also links to an affiliate job listing area, which allows Users to apply for employment opportunities with DB ECO NA.
3. SITE AND SERVICES ELIGIBILITY; MINORS
General browsing of our Site or Services is not intended for users under the age of thirteen (13). By browsing the Site, creating an Account (as defined below), or signing up to receive communications such as newsletters, you are representing that you are thirteen (13) years of age or older. Please review our Privacy Notice for more information on how we handle children’s information.
3.1. Quebec Private Sector Act: Minor’s Eligibility
For residents of the province of Quebec, general browsing of our Site or Services is not intended for users under the age of fourteen (14). We do not collect information from children under fourteen (14) who are residing in Quebec and we specifically prohibit such children from entering any parts of the Site or Services where personal information may be collected. Please check our Privacy Notice for more information on how we handle children’s information.
3.2. Webinar, Conference, Delegation, and Event Registration Eligibility
By registering for a DB ECO NA webinar, conference, delegation, or other event, you represent and warrant that you: (1) are eighteen (18) years of age or older, or have the legal authorization of a parent or legal guardian, (2) have not been previously suspended or removed from the Site or Services, or engaged in any activity that could result in suspension or removal from the Site or Services, and (3) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party. If you are registering for a webinar, conference, delegation, or event on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you, or the other person, or entity violates these Terms.
3.3. Employment Application Eligibility
By submitting an employment application through the job portal of an affiliated company, you represent and warrant that you: (1) are eighteen (18) years of age or older, (2) have not been previously suspended or removed from the Site or Services or engaged in any activity that could result in suspension or removal from the Site or Services, and (3) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party. If you are submitting an employment application on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you, or the other person, or entity violates these Terms.
Please note that if you are currently, or have been previously, banned from the Site or Services, you shall not access or use the Site or Services for any reason. Use of the Site or Services is void where prohibited.
4. ACCOUNT CREATION; REGISTRATION REQUIREMENTS
The Site may provide Users with the option to register a DB ECO NA web account and log in online (“Account”). In registering an Account on the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States, Canada, or other applicable jurisdictions. You also agree to: (1) provide true, accurate, current and complete information about yourself as prompted by Site and (2) maintain and promptly update your Account data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DB ECO NA reserves the right to suspend or terminate your Account and refuse any and all current or future use by you of the Site or Services (or any portion thereof) at any time.
5. ACCOUNT SECURITY
You are responsible for maintaining the confidentiality of your Account and Account information and are fully responsible for all activities that occur under your Account. You agree to sign-out of your Account at the end of each session. You agree to immediately notify DB ECO NA of any unauthorized use of your Account or any other breach of security. You may not share, give, or sell your password or username to any other person or entity. You may never use another Users’ Account without prior authorization from DB ECO NA. DB ECO NA will not be liable for any loss or damage arising from your failure to comply with these Terms.
6. TERMINATION OR SUSPENSION OF ACCOUNT
You agree that DB ECO NA may at any time and for any reason, including a period of Account inactivity, terminate your access to your Account or restrict or suspend your access to all or any part of your Account at any time, for any or no reason, with or without prior notice, and without liability.
Communications between you and DB ECO NA may take place via electronic means, whether you visit the Site or Services or send us emails, or whether we post notices on the Site or communicate with you via email (collectively, “Communications”).
When engaging in the Site or Services (e.g., registering for webinars, conferences, delegations, or other events; signing up for our newsletter; making a privacy request), you may be asked to provide an email address. The collection of your email address allows you to receive direct Communications from us about the requested Service. Communications from or on behalf of us may include but are not limited to the use of Site or Services, User support, and informational communications concerning the Site or Services.
Signing up to receive Services, and as a result Communications, is completely voluntary. As a User, you have the right to refuse DB ECO NA Services or opt out of receiving Communications at any time. If you would like to discontinue receiving email Communications, you may update your preferences by using the “Unsubscribe” link found in our emails. We may ask you to confirm or update your preferences if you ask us to provide more Services in the future, or if there are changes in the law, regulation, or the structure of DB ECO NA as a business.
For contractual purposes, you (1) consent to receive Communications from DB ECO NA in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other Communications that DB ECO NA provides to you electronically satisfy any legal requirement that such Communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”). You may maintain copies of electronic Communications from us by printing a paper copy or saving an electronic copy.
You acknowledge and agree that any feedback, comment, or suggestion you may provide regarding DB ECO NA or the Site or Services is entirely voluntary and DB ECO NA will be free to use such feedback, comment, or suggestion as it sees fit and without any obligation to you.
9. THIRD PARTIES
Any dealings with third parties included within or on the Site or Services, including any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. DB ECO NA is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on the Site or Services or during Services does not constitute an endorsement or recommendation of such third party or the product or services of such third party by DB ECO NA or any of its employees, officers, independent contractors, agents, affiliates, or other representatives. Any reference to any third party on the Site or Services is provided to you for informational purposes only. DB ECO NA encourages you to conduct your own research and due diligence regarding such third parties and their products and services.
10. LINKS TO THIRD PARTIES
The Site or Services may include links to third party websites (“Third Party Sites”). DB ECO NA is not responsible or liable for the availability or accuracy of, and DB ECO NA does not endorse, sponsor, or recommend any Third Party Sites or the content, products, or services on or available from such Third Party Sites. Your use of Third Party Sites is at your own risk, and DB ECO NA and its affiliates will not be liable for any losses arising out of or relating to Third Party Sites.
DB ECO NA makes no representation that such Third Party Sites are appropriate or available for use in any particular location. To the extent you choose to access such Third Party Sites, you do so at your own risk and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. DB ECO NA reserves the right to change, suspend, remove, or disable access to any Third Party Sites at any time without notice. In no event will DB ECO NA be liable for the removal of or disabling access to any such Third Party Sites. DB ECO NA may also impose limits on the use of or access to certain Third Party Sites in any case and without notice or liability.
We encourage you to review the applicable terms of service and privacy notices or policies of the other websites you visit.
11. GENERAL CONTENT
For purposes of these Terms: “Content” means text, graphics, images, music, software, audio, video, feedback, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Site and Services.
Content on the Site and Services is provided to you “AS IS”. We reserve the right to change the Site or Services and the DB ECO NA Content (defined below) at any time. However, we have no obligation to update any information on our Site or Services. You agree that it is your responsibility to monitor changes to our Site and Services. We are not responsible if information made available on the Site or Services contains typographical errors, is not accurate, is not complete, or is not current. The material on the Site and Services is provided for general information only and should not be relied upon as the sole basis for making decisions. Any reliance on the material on the Site or Services is at your own risk. Under no circumstances will DB ECO NA be liable in any way for any DB ECO NA Content, including, but not limited to, any errors or omissions in any DB ECO NA Content, or any loss or damage of any kind incurred at any time as a result of the use of any DB ECO NA Content posted, emailed, transmitted or otherwise made available via the Site or Services.
The Site and Services may contain certain historical information. Historical information may not be current and is provided for your reference only.
12. DB ECO NA CONTENT; INTELLECTUAL PROPERTY
The Site and Services’ text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans, and other content contained therein (collectively, the “DB ECO NA Content”) are owned by or licensed to DB ECO NA and/or Deutsche Bahn AG and are protected under copyright, trademark, and other laws of the United States and, as applicable, foreign countries. Except as explicitly stated in these Terms, DB ECO NA and its licensors, as applicable, reserve all rights in and to its Site and Services. Furthermore, except as explicitly stated in these Terms, DB ECO NA, Deutsche Bahn AG, and DB ECO NA licensors, as applicable, reserve all rights in and to and the DB ECO NA Content.
DB ECO NA hereby grants you a limited, nonexclusive, non-transferable, non-sublicensable, revocable license to access and use the Site, Services, and DB ECO NA Content, as applicable; provided, however, that such license is subject to these Terms and does not include any right to (1) sell or resell the Site, Services, or the DB ECO NA Content; (2) copy, reproduce, distribute, publicly perform or publicly display DB ECO NA Content, except as expressly permitted by DB ECO NA, Deutsche Bahn AG, or DB ECO NA’s licensors, as applicable; (3) modify the DB ECO NA Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of the Site, Services, or the DB ECO NA Content; (4) use any data mining, robots or similar data gathering or extraction methods; or (5) use the Site, Services, or the DB ECO NA Content other than for their intended purposes. Any use of the Site, Services, or the DB ECO NA Content other than as specifically authorized herein, without DB ECO NA’s prior written permission, is strictly prohibited and will terminate the license granted herein.
13. COPYRIGHT COMPLAINTS
DB ECO NA reserves the right in its sole discretion to immediately suspend and/or terminate access to the Services by any User alleged to have infringed on the intellectual property rights of DB ECO NA or a third party, or alleged to have otherwise violated any intellectual property laws or regulations. DB ECO NA’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want DB ECO NA to delete, edit, or disable the material in question, you must provide DB ECO NA with all of the following information:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit DB ECO NA to locate the material;
- information reasonably sufficient to permit DB ECO NA to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For this notification to be effective, you must provide it to DB ECO NA’s Designated Agent by email with a return receipt acknowledgement:
- Designated Agent: Deutsche Bahn AG, Brand management / CD, CI (GNM12), DB Tower, Europa-Allee 78-84, 60486 Frankfurt, Germany.
- Email Address: firstname.lastname@example.org or email@example.com
Please see 17 United States Code §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Site or Services is infringing, you may be liable to DB ECO NA for certain costs and damages.
14. APPROPRIATE USE OF THE SITE AND SERVICES
You agree to use the Site and Services in accordance with all applicable local, state, national and foreign laws, treaties, and regulations. You will not violate any contract, intellectual property, or other third party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Site and Services.
In addition, without limitation, you will not, directly or indirectly, do any of the following while using or accessing the Site or Services:
- engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
- use or attempt to use another User’s Account without authorization from that User;
- launch any automated system, including without limitation, “robots”, “spiders”, or “offline readers”, that accesses the Site or Services in a manner that sends more request messages to DB ECO NA servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
- forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Site or Services to send altered, deceptive or false source-identifying information;
- use the Site or Services in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Site or Services or that could damage, disable, overburden or impair the functioning of our Site or Services in any manner;
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- reverse engineer any aspect of the Site or Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Site or Services;
- attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Site or Services that you are not authorized to access;
- develop or use any third party applications that interact with our Site or Services without our prior written consent, including any scripts designed to scrape or extract data from the Site or Services;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by DB ECO NA or any of DB ECO NA’s service providers or any other third party to protect the Site, Services, or Content;
- misrepresent your identity or provide DB ECO NA with any false information in any information-collection portion of our Services;
- infringe any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- use any meta tags or other hidden text or metadata utilizing a DB ECO NA trademark, logo, URL or product name without DB ECO NA’s express written consent;
- use the Site, Services, or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- directly or indirectly authorize anyone else to take actions prohibited in these Terms of Service; or
- use our Site or Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
If you become aware of misuse of the Site or Services by any person, please contact DB ECO NA
15. INTERNATIONAL USE
Due to the global nature of the Internet, the Site and Services can be accessed from countries around the world and may contain references to services and content that are not available in your country. These references do not imply that DB ECO NA intends to announce such services or content in your country. The Site and Services are controlled and offered by DB ECO NA from its facilities in North America. DB ECO NA makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Site or Services from other countries do so at their own risk and are responsible for compliance with local law.
16. SITE OR SERVICE UPDATES
We may from time to time, in its sole discretion (without obligation), develop and provide updates for our Site or Services, which may include error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that DB ECO NA has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. For clarity, all Updates are part of the Site and Services and subject to these Terms.
If DB ECO NA becomes aware of any possible violations by you of the Terms, DB ECO NA reserves theright to investigate such violations. If, as a result of the investigation, DB ECO NA believes that criminal activity has occurred, DB ECO NA reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. DB ECO NA is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, in DB ECO NA’s possession in connection with your use of the Site or Services, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to any claim stating a User has violated the rights of third parties, (4) respond to your requests for User support, or (5) protect the rights, property or personal safety of DB ECO NA, its Users or the public, and all enforcement or other government officials, as DB ECO NA in its sole discretion believes to be necessary or appropriate.
In the event that DB ECO NA determines, in its sole discretion, that you have breached any portion of theTerms, or have otherwise demonstrated conduct inappropriate for the Site or Services, DB ECO NA reserves the right to:
- Warn you via email (to any email address you have provided to DB ECO NA) that you have violated these Terms;
- Discontinue your Account, applications, or registrations with any of the Services;
- Notify or send content to or fully cooperate with the proper law enforcement authorities for further action; and/or
- Pursue any other action which DB ECO NA deems appropriate.
18. TERMINATION; CANCELLATION
We may discontinue our Site or Services, and we may suspend or terminate your right to use our Site or Services at any time, in the event that you breach these Terms, for any other reason, or for no reason at all, in our sole discretion, and without prior notice to you.
All licenses and other rights granted to you by these Terms will immediately terminate upon termination of your right to use our Site or Services as applicable or our termination of the Site or Services as applicable. These Terms will survive and continue to apply after any suspension, termination, or cancellation, except that your access rights and other rights as a User will be suspended, terminated, or canceled, respectively.
If you want to terminate the Services provided to you by DB ECO NA, you may do so by notifying DB ECO NA at any time. Your notice should be sent, in writing, to DB ECO NA’s email or mailing address set forth in Section 27.
19. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE, SERVICES, THIRD PARTY LINKS, THIRD PARTY CONTENT, AND ANY DB ECO NA CONTENT INCLUDED IN THE SITE, SERVICES, THIRD PARTY LINKS, OR THIRD PARTY CONTENT IS AT YOUR SOLE DISCRETION AND RISK. THE SITE, SERVICES, THIRD PARTY LINKS, THIRD PARTY CONTENT, AND ANY DB ECO NA CONTENT INCLUDED IN THE SITE, SERVICES, THIRD PARTY LINKS, OR THIRD PARTY CONTENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND.
DB ECO NA AND ITS LICENSORS AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SITE, SERVICES, THIRD PARTY LINKS, THIRD PARTY CONTENT, AND ANY DB ECO NA CONTENT INCLUDED IN THE SITE, SERVICES, THIRD PARTY LINKS OR THIRD PARTY CONTENT INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
WE DO NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD PARTY CONTENT AVAILABLE ON OR LINKED TO BY OUR SITE. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD US LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
WE MAKE NO REPRESENTATIONS CONCERNING, AND DO NOT GUARANTEE, (1) THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, SERVICES, THIRD PARTY LINKS, THIRD PARTY CONTENT, OR ANY DB ECO NA CONTENT INCLUDED IN THE SITE, SERVICES, THIRD PARTY LINKS, OR THIRD PARTY CONTENT INCLUDING, BUT NOT LIMITED TO, ANY DB ECO NA CONTENT OR ITS APPLICABILITY TO YOUR INDIVIDUAL CIRCUMSTANCES, OR (2) THAT THE SITE, SERVICES, THIRD PARTY LINKS, THIRD PARTY CONTENT, OR ANY DB ECO NA CONTENT INCLUDED IN THE SITE, SERVICES, THIRD PARTY LINKS, OR THIRD PARTY CONTENT WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. OUR SITE, SERVICES, AND ANY DB ECO NA CONTENT INCLUDED IN THE SITE, SERVICES, THIRD PARTY LINKS, OR THIRD PARTY CONTENT ARE DEVELOPED FOR USE IN NORTH AMERICA AND DB ECO NA AND ITS APPLICABLE LICENSORS AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTY CONCERNING THE SITE, SERVICES, THIRD PARTY LINKS, THIRD PARTY CONTENT, OR ANY DB ECO NA CONTENT INCLUDED IN THE SITE, SERVICES, THIRD PARTY LINKS, OR THIRD PARTY CONTENT WHEN THEY ARE USED IN ANY OTHER COUNTRY.
NO ADVICE OR INFORMATION PROVIDED TO YOU BY DB ECO NA WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT PERMIT US TO EXCLUDE WARRANTIES IN THESE WAYS, SO IT IS POSSIBLE THAT THESE EXCLUSIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU UNDER THESE TERMS. IN SUCH EVENT THE EXCLUSIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
20. LIMITATION OF LIABILITY
IN NO EVENT WILL DB ECO NA, DB ECO NA’S LICENSORS, AFFILIATES, AND OUR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES, (COLLECTIVELY, “DB ECO NA PARTIES”) BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF DATA OR LOST PROFITS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, SERVICES, THIRD PARTY LINKS, THIRD PARTY CONTENT, OR FROM THE CONDUCT OF YOU OR ANYONE ELSE (INCLUDING BUT NOT LIMITED TO BODILY INJURY, DEATH OR PROPERTY DAMAGE), WHETHER ONLINE OR OFFLINE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, THIRD PARTY LINKS, THIRD PARTY CONTENT, OR ANY DB ECO NA CONTENT INCLUDED IN THE SITE, SERVICES, THIRD PARTY LINKS, OR THIRD PARTY CONTENT, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT DB ECO NA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IF YOU ARE DISSATISFIED WITH THE SITE, SERVICES, THIRD PARTY LINKS, THIRD PARTY CONTENT, OR ANY DB ECO NA CONTENT INCLUDED IN THE SITE, SERVICES, THIRD PARTY LINKS, THIRD PARTY CONTENT, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICES. IF THE FOREGOING IS NOT ENFORCEABLE AGAINST YOU, IN NO EVENT WILL THE CUMULATIVE LIABILITY OF THE DB ECO NA PARTIES TO YOU, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (a) THE AGGREGATE AMOUNT YOU PAID DB ECO NA TO ACCESS OR USE THE SITE OR SERVICES IN THE MOST RECENT TWELVE-MONTH PERIOD, OR (b) $50.
EXCEPT FOR DB ECO NA’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE
DB ECO NA WEBSITE PRIVACY NOTICE, DB ECO NA ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DB ECO NA AND YOU.
SOME JURISDICTIONS DO NOT PERMIT US TO LIMIT OUR LIABILITY IN THESE WAYS, SO IT IS POSSIBLE THAT THESE LIMITATIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU UNDER THESE TERMS. IN SUCH AN EVENT THE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
You will indemnify, defend, and hold harmless the DB ECO NA Parties from and against any and all claims, causes of action, demands, liabilities, losses, costs, or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters:
- your access to or use of the Site, Services, third party links, or third party content, or any DB ECO NA Content included in the Site, Services , third party links, or third party content;
- your Content;
- your violation of any of the provisions of these Terms;
- your violation of any applicable laws, rules, or regulations:
- your conduct in connection with our Site or Services; or
- your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right.
DB ECO NA reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
This Section does not require you to indemnify any of the DB ECO NA Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Application or any Services provided hereunder. You agree that the provisions in this Section will survive any termination of your Account, these Terms, or your access to the Site or Services.
To the fullest extent permitted by applicable law, you release DB ECO NA and the other applicable DB ECO NA Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE § 1542 AS WELL AS ANY OTHER STATUTE OR COMMON LAW PRINCIPLES THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
23. DISPUTE RESOLUTION; BINDING ARBITRATION
23.1. Binding Arbitration
Except for any disputes, claims, suits, actions, causes of action, demands, or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 14 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and DB ECO NA agree (1) to waive your and DB ECO NA’s respective rights to have any and all Disputes arising from or related to these Terms, or the Site or Services, resolved in a court, and (2) to waive your and DB ECO NA’s respective rights to a jury trial. Instead, you and DB ECO NA agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
23.2. No Class Arbitrations, Class Actions, or Representative Actions
You and DB ECO NA agree that any Dispute arising out of or related to these Terms or the Site or Services is personal to you and DB ECO NA and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding. You and DB ECO NA agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and DB ECO NA agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals. The arbitrator does not have the power to vary these class action waiver provisions.
23.3. United States Federal Arbitration Act
You and DB ECO NA agree that these Terms affect interstate commerce and that the enforceability of this Section 23 shall be both substantively and procedurally governed by and construed and enforced in accordance with the United States Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
23.4. Notice; Informal Dispute Resolution
You and DB ECO NA agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises so that the parties can attempt in good faith to resolve the Dispute informally. Notice to DB ECO NA shall be sent by certified mail or courier to the mailing address stated in Section 27. Your notice must include (1) your name, postal address, telephone number, and an email address at which you can be contacted, (2) a description in reasonable detail of the nature or basis of the Dispute, and (3) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with Section 7 and will include (1) our name, postal address, telephone number, and an email address at which we can be contacted with respect to the Dispute, (2) a description in reasonable detail of the nature or basis of the Dispute, and (3) the specific relief that we are seeking. If you and DB ECO NA cannot agree on how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or DB ECO NA may, as appropriate and in accordance with this Section 23, commence an arbitration proceeding or, to the extent specifically provided for in Section 23.1, file a claim in court.
EXCEPT FOR DISPUTES ARISING OUT OF OR RELATED TO A VIOLATION OF SECTION 14 OR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND DB ECO NA AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR DB ECO NA WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND DB ECO NA WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and DB ECO NA agree that (1) any arbitration will occur in the U.S. State of California, (2) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (3) that the state or federal courts of the State of California and the United States, respectively, sitting in the State of California, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
23.6. Authority of Arbitrator
As limited by the FAA, these Terms, and the applicable JAMS rules, the arbitrator will have (1) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (2) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. Notwithstanding any other provision of this Section 24, any and all issues relating to the scope, interpretation, and enforceability of the class action waiver provisions contained in this Section 24, are to be decided only by a court of competent jurisdiction, and not by the arbitrator.
23.7. Rules of JAMS
The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (1) acknowledge and agree that you have read and understand the rules of JAMS, or (2) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
If any term, clause, or provision of this Section 24 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses, and provisions of this Section 24 will remain valid and enforceable. Further, the waivers set forth in Section 24.2 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
23.9. Opt-Out Right
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these Terms by writing to: firstname.lastname@example.org. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 25. If you do not provide DB ECO NA with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in Section 24.
23.10. Survival of Agreement
The terms herein Section 24 will survive the termination of your relationship with DB ECO NA.
24. GOVERNING LAW; VENUE
These Terms and our relationship with you will be governed by the laws of the U.S. State of California, excluding its choice of laws rules. You and DB ECO NA each irrevocably agree that any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court shall be resolved on an individual basis exclusively in the state courts located in California. You and DB ECO NA each irrevocably consent to the personal jurisdiction of these courts and waive any and all objections to the exercise of jurisdiction by these courts and to this venue. Notwithstanding the foregoing, however, you and DB ECO NA agree that DB ECO NA may commence and maintain an action or proceeding seeking injunctive or other equitable relief in any court of competent jurisdiction. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Our Site aims to be compliant with Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. Please let us know if you encounter any accessibility barriers. We welcome your feedback (see Section 27 below).
26.1. Inaccurate Information
The Site or Services may contain typographical errors or other inaccuracies and may not be complete or current. DB ECO NA reserves the right, but does not have the obligation, to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice to you. DB ECO NA may refuse to provide services that are based on inaccurate or erroneous information on the Site or Services, including, without limitation, incorrect or out-of-date information regarding pricing, payment terms, or for any other lawful reason.
26.2. Force Majeure
We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, acts or decrees of governmental agencies, pandemics, epidemics, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
We reserve the right to change our Terms at any time. Any changes that we make will become a part of our agreement with you under these Terms when they are posted on our Site or Services. Your continued use of our Site or Services will constitute your agreement to the changes we have made. The last date these Terms were revised is set forth at the top of these Terms.
26.4. Section Titles
The titles of the Sections of these Terms are for convenience only and will have no legal or contractual effect.
The agreement under these Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DB ECO NA without restriction.
26.6. Integration Clause
These Terms, along with any additional terms and conditions incorporated herein, constitute the entire agreement between you and us relating to our Site or Services and the DB ECO NA Content, replacing any prior or contemporaneous agreements, whether written or oral, unless you have signed a separate written agreement with us relating to our Site or Services or the DB ECO NA Content. If there is any conflict between the Terms and a separate signed written agreement between you and us relating to our Site or Services or the DB ECO NA Content, the signed written agreement will control.
26.7. Waiver and Severability of Terms
The failure by you or us to enforce any provision of the Terms will not constitute a waiver. If any court of law, having the jurisdiction to decide the matter, rules that any provision of the Terms is invalid or unenforceable, then the invalid or unenforceable provision will be removed from the Terms or reformed by the court and given effect so as to best accomplish the essential purpose of the invalid or unenforceable provision, and all of the other provisions of the Terms will continue to be valid and enforceable. Nothing contained in these Terms will limit the ability of a party to seek an injunction or other equitable relief without posting any bond.
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
26.9. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, Services, or the agreement under these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
27. HOW TO CONTACT US
If you have any questions, concerns, or requests about our Terms of Service, please contact us using our contact details below. You may contact us by telephone number, physical mail, and electronic mail. We hope to resolve any issues you might have.
555 Capitol Mall, Suite 1250
Sacramento, CA 95814