LAST UPDATED: December 2, 2024

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.

Permitted Use of The Site

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.

Prohibited Use of The Site

By accessing the Site, you agree that you will not:

• Use the Site in violation of these Terms of Use;
• Use the Site in violation of the terms of DBP's Acceptable Use Policy at deliverybizpro.com/legal/acceptable-use.html
• Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Site, or otherwise attempt to discover any source code, or allow any third party to do so;
• Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or Service in any way;
• Use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Site in a manner that sends more request messages to the DBP servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
• Use the Site in any manner that damages, disables, overburdens, or impairs any DBP Site or interferes with any other party's use and enjoyment of the Site;
• Mirror or frame the Site or any part of it on any other web site or web page.
• Attempt to gain unauthorized access to the Site;
• Access the Site by any means other than through the interface that is provided by DBP for use in accessing the Site;
• Use the Site for any purpose or in any manner that is unlawful or prohibited by this Agreement.
• Any unauthorized use of any Content or the Site may violate patent, copyright, trademark, and other laws.

Copyrights and Trademarks

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.

Information and Materials You Post or Provide

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 to Third-Party Web Sites

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.

Downloading Files

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.

Disclaimers; Limitations of Liability

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.

Indemnification

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.

Privacy

Your use of the Site is subject to DBP's Privacy Policy, available at deliverybizpro.com/legal/privacy-policy.html

Additional Terms of Service

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

General Provisions

• a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by DBP of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
• b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. DBP therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. DBP does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
• c. Enforcement/ Choice of Law/ Choice of Forum. If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. Any and all disputes relating to these Terms of Use, DBP's Privacy Policy, your use of the Site, any other DBP web site or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Colorado, without regard to any conflict of laws provisions. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts in Boulder County, Colorado in the event of any dispute of any kind arising from or relating to these Terms of Use, DBP's Privacy Policy, your use of the Site, any other DBP web site or the Content

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:

• a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed ("Complaining Party");
• b) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• c) Identification of the material that is claimed to be infringing 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 DBP to locate the material;
• d) Information reasonably sufficient to permit DBP to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
• e) A statement that the Complaining Party has 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
• f) A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Receipt of Notification:

Upon receipt of the written Notification containing the information as outlined in a through f:

• a) DBP will remove or disable access to the material that is alleged to be infringing;
• b) DBP will forward the written notification to such alleged infringer (the "Alleged Infringer");
• c) DBP will take reasonable steps to promptly notify the Alleged Infringer that it has removed or disabled access to the material.

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:

• a) A physical or electronic signature of the Alleged Infringer;
• b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• c) A statement under penalty of perjury that the Alleged Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
• d) The Alleged Infringer's name, address, and telephone number, and a statement that the Alleged Infringer consents to the jurisdiction of Federal District Court for the judicial district in which the Alleged Infringer's address is located, or if the Alleged Infringer's address is outside of the United States, for any judicial district in which DBP may be found, and that the Alleged Infringer will accept service of process from the person who provided notification or an agent of such person.

Receipt of Counter Notification:

Upon receipt of a Counter Notification containing the information as outlined in a through d above:

• a) DBP will promptly provide the Complaining Party with a copy of the Counter Notification;
• b) DBP will inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
• c) DBP will replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided DBP's Copyright Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Alleged Infringer from engaging in infringing activity relating to the material on DBP's network or system.

Terms of Service and Subscriber Agreement

LAST UPDATED: December 2, 2024

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.

1. Definitions & Interpretations

• 1.1. "Account Administrator" means the individual(s) appointed by Customer to manage the Service and End Users on behalf of the Customer. All Account Administrators must be employees of Customer.
• 1.2. "Associated Software" means certain downloadable client software applications for use in connection with the Service. This Software is updated automatically and, if such Software is designed for use on a mobile device, then a compatible mobile device is required for use.
• 1.3. "Back End Website" means the website at https://[customername].deliverybizpro.com/admin and any other URLs maintained by DBP for the purpose of making the Service accessible to Customer.
• 1.4. "Content" means all documents, files, electronic media, calendar dates, discussions, tasks, meetings, telephone and web conference details and whiteboards, visual, written or audible data, information or material that is entered into, uploaded to, posted, transmitted or displayed through the Service by Customer or any End User, including, without limitation, any hyperlink, graphic, artwork, video, music, text, image, logo, document, spreadsheet, presentation, text message, form entry, web page or other data.
• 1.5. "Customer" means the company, organization, employer, principal or other legal entity named in each Order Form and for whom DBP provides the Service pursuant to this Agreement.
• 1.6. "Customer Data" means the structured data and any files or attachments submitted to the Service by Customer, as well as the account and contact information submitted to the Service by Customer and Customer's End Users.
• 1.7. "Customer's End User(s)" means an individual who has completed the user registration process and created a user account at Customer's Front End Website. This includes any user account that Customer creates or that DBP creates at the direction of Customer.
• 1.8. "DBP's Acceptable Use Policy" means the online agreement that governs the use of the Service by Customer's End Users that are other than employees and agents of Customer (it being understood and agreed that the use of Services by Customer's employees and agents shall be governed instead by the terms of this Agreement).
• 1.9. "Front End Website" means the website at http://[customername].deliverybizpro.com]; https://[customername].deliverybizpro.com any other URLs maintained by DBP for the purpose of making the Service accessible to Customer's End Users.
• 1.10. "Intellectual Property Rights" means all right, title, and interest in and to any copyright, database, design, logo, trademark, service mark, patent, invention, trade secret, domain name, confidential and proprietary information, know-how, technology, business name, trade name, trade dress, technical solutions, associated right to sue (past, present, and future), and any other intellectual property rights whether existing at common law, applied for, registered or unregistered and existing anywhere in the world.
• 1.11. "Order Form" means DBP's official order form or form contained on a website owned or controlled by DBP for placing orders for the Service and any addenda or amendments thereof, entered into contemporaneously with this Agreement or from time to time thereafter. Each Order Form shall be governed by and deemed to incorporate the terms and conditions contained herein, except as otherwise expressly provided in the Order Form.
• 1.12. "Service" means, collectively, the computer applications, interfaces, software, programs, products, services (including consulting and any other additional services) and websites provided or made available by DBP and its affiliates pursuant to any Order Form, including (but not limited to) provision of access to the Front End Website and Back End Website.
• 1.13. In this Agreement, unless the context requires otherwise, any phrase introduced by the words "including", "include", "in particular", "for example" or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words, and references to the singular include the plural and in each case vice versa.
• 1.14. The headings and sub headings in this Agreement are inserted for convenience only and shall not affect the meaning of this Agreement.

2. The Service and Associated Software.

• 2.1. Scope and Use of Service. The Service includes access to a Front End Website, Back End Website and Associated Software. Customer and Customer's End Users may access and use the Service in accordance with this Subscriber Agreement and DBP's Acceptable Use Policy. Any problems experienced by Customer in accessing the Service should be reported to DBP's online support system or emergency@deliverybizpro.com.
• 2.2. Updates/Modifications to Service. DBP may update or modify the Service from time to time. If, in DBP's reasonable judgment, any such modification to the Service materially reduces the Service's functionality, DBP will inform Customer via the email address associated with Customer's account no less than twenty (20) days prior to such change.
• 2.3. Availability of Service. The Service is normally available over the Internet 24 hours a day, 7 days a week. DBP shall be entitled to take measures that affect the aforementioned accessibility when DBP deems such to be necessary for technical, maintenance, operational, or security reasons. DBP will notify Customer at forty-eight (48) hours in advance of any planned maintenance periods that exceed fifteen minutes in length. DBP will endeavor to carry out any such planned maintenance outside of normal US office hours. There will be a maximum of one (1) planned maintenance period in any one (1) week period.
• 2.4. Backups. DBP performs full backups of Customer's Data nightly, with incremental backups carried out every two (2) hours. All backups are held for a thirty (30) day period.
• 2.5. Associated Software. DBP may provide certain downloadable client software applications (the "Software") for use in connection with the Service. The license being granted to Customer hereunder does not constitute a sale of the Software or any copy thereof, and as between DBP and Customer, DBP retains all right, title, and interest in the Software.
• 2.6. Equipment; Email Administration. DBP assumes no responsibility for technical support or problems arising from equipment owned or maintained by Customer or Customer's End Users, or the administration of email addresses or the email account of Customer or Customer's End Users.
• 2.7. Security. DBP will use industry standard technical and organizational security measures in connection with the storage, processing and transfer of Customer Data that are designed to protect the integrity of Customer Data and to guard against the unauthorized or unlawful access to, use of or processing of such Customer Data. DBP will use reasonable efforts, consistent with standard industry practices, to ensure that the Service and Associated Software do not contain any viruses, backdoors, Trojans, or other computer code that is designed to disrupt, disable or harm the operation of the Service or Associated Software.
• 2.8. Links to 3rd Party Sites. The Service (to include the Front End Website and Back End Website) may contain links to third party websites that are not owned or controlled by DBP. These links are provided solely for convenience. DBP has no control over any linked third party sites, is not responsible for the content of such sites, and makes no representations or warranties with respect to such sites.

3. Customer Obligations.

• 3.1. Administration of Customer's Account. Customer must specify one or more administrators (each an "Administrator") to manage its account. Administrators have the ability to access, monitor, use, export and disclose all content posted by End Users. Customer is responsible for: (i) the selection of its Administrator(s); (ii) maintaining the confidentiality of passwords and Administrator accounts; (iii) managing access to Administrator accounts; and (iv) ensuring that each Administrator's use of the Service complies with this Subscriber Agreement. DBP shall not be held liable for any actions on the part of Customer's Administrator(s).
• 3.2. End User Conduct; Compliance. Customer is responsible for use of the Service by its End Users and for their compliance with DBP's Acceptable Use Policy. Customer is also responsible for providing any notice and obtaining any consents and authorizations necessary: (i) to allow the Administrator to access, monitor, use and disclose the content posted by the End Users on the Service; and (ii) to allow DBP to provide the Administrator with access to such End User content. The Service is not authorized for use by persons under the age of 13 and Customer will ensure that it does not allow any person under 13 to use the Service. Customer will promptly notify DBP if it becomes aware of any unauthorized access to Customer's account or the Service.
• 3.3. Restrictions. Customer will not: (i) rent, sell, resell or lease the Service to any third party; or (ii) disassemble, decompile or reverse engineer the Service or attempt or assist anyone else to do so, unless such restriction is prohibited by law.
• 3.4. Suspension. DBP may request that Customer suspend the account of any End User who: (i) violates this Subscriber Agreement or DBP's Acceptable Use Policy; or (ii) is using the Service in a manner that DBP reasonably believes may cause a security risk, a disruption to others' use of the Service, or liability for DBP. If Customer fails to promptly suspend or terminate such End User's account, DBP reserves the right to do so.
• 3.5. Access, Preservation, or Disclosure of Customer Data and Content. Customer acknowledges, consents, and agrees that DBP may access, preserve and disclose Customer Data and Content if and solely to the extent required to do so by law or in good faith belief that such access, preservation, or disclosure is reasonably necessary to:
  • 3.5.1. respond to Customer's requests for service;
  • 3.5.2. comply with legal process;
  • 3.5.3. enforce this Agreement;
  • 3.5.4. respond to claims that Customer's Content violates the rights of third parties; or
  • 3.5.5. protect the rights, property, or personal safety of DBP, Customer's End Users, or the public.

  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.

  • 3.6. Notification of Unauthorized Use. Customer agrees to notify DBP immediately of any unauthorized use of Customer's account, the login credentials of any of Customer's End Users, or any other breach of security. Customer may be held liable for losses incurred by DBP or any of Customer's End Users due to unauthorized use of the Service.
  • 3.7. Authorization to Use Service. Customer represents that Customer is authorized to use the Service under the laws of the geographical jurisdictions in which Customer and Customer's End Users are located.
  • 3.8. Conduct and Compliance with Applicable Laws. Customer shall be responsible for all activities, communications and transactions of Customer and Customer's employees and agents conducted through use of the Service and their compliance with applicable national, federal, state and local laws.
  • 3.9. Customer's Use of Third Party Services. DBP does not warrant or support any third party service (e.g., a service that utilizes the DBP Application Program Interface (API) in connection with Customer's use of the Service) and will not be responsible for any act or omission on the part of such third party or its service.

4. Intellectual Property Rights.

• 4.1. Limited License to Use Customer Content. Customer hereby grants to DBP a limited, non-exclusive and non-transferable (except in connection with the sale or transfer of its business) license to access, use, copy, reproduce, process, adapt, publish, transmit and display content submitted to the Service by the End Users (the "Customer Content") for the limited purpose of (i) providing the Service and associated customer support to Customer; (ii) displaying the Customer Content to the End Users; and (iii) analyzing and improving the Service.
• 4.2. Reservation of Rights. Except as expressly set forth herein, this Subscriber Agreement does not (i) grant DBP any rights or interest in or to the Customer Content or any Customer Intellectual Property Rights; or (ii) grant Customer any rights or interest in or to the Service or any DBP Intellectual Property Rights. For purposes hereof, the term "Intellectual Property" shall mean any current or future worldwide rights under any patent, copyright, trademark, or trade secret; any moral rights or any similar rights.
• 4.3. Use of Customer Suggestions. DBP may incorporate into the Service any suggestions or feedback received from Customer without any obligation to Customer and any such modifications to the Service shall be the sole and exclusive property of DBP. DBP may also share and publish aggregate, anonymized data about the use of DBP Service by DBP customers.
• 4.4. DBP Customer List. DBP may include Customer's name in a list of DBP's Customers online and in print and electronic marketing materials.

5. Setup and Subscription Fees and Payment.

• 5.1. Setup Fee. Customer shall pay the setup fee shown on the Customer's Order Form.
• 5.2. Subscription Fee(s). Customer shall pay a monthly or annual fee in accordance with the pricing schedule on Customer's Order Form ("Subscription Fee(s)").
• 5.3. Additional Services Fee(s). Customer shall pay the hourly fees for services in accordance with hourly services fees outlined on the Customer Order Form ("Additional Services Fee(s)).
• 5.4. Custom Website Design Fee. If Customer desires a custom website design versus a templated design, DBP will meet with Customer to scope out the Customer's requirements and DBP will provide Customer with a quote ("Custom Website Design Fee"). If Customer opts to move forward with a custom website design, Customer shall pay the Custom Website Design Fee prior to DBP commencing work.
• 5.5. Non-Refundable. Setup and Subscription Fees are non-refundable except as required by law or as explicitly set forth herein.
• 5.6. Due Date; Payment Type; Authorization. Customer will pay all applicable fees when due and such fees are required to be paid via credit card or other electronic means. Customer authorizes DBP to charge such fees using Customer's selected payment method.
• 5.7. Renewal. By default, Customer accounts are set to auto-renew and DBP may automatically charge Customer for such renewal on or after the renewal date associated with Customer's account unless Customer has cancelled the Service prior to its renewal date.
• 5.8. Rate Changes. DBP may revise fee rates for the Service from time to time and will provide Customer's designated administrator(s) with email notice of any changes in fees at least thirty (30) days prior to Customer's Service renewal date.
• 5.9. Overdue Accounts. Customer is responsible for providing complete and accurate billing information to DBP. If any amount owing by Customer is ten (10) or more days overdue, DBP may, without limiting DBP's other rights and remedies, suspend Customer's account and Customer's End Users' access to the Service until such amounts owing are paid in full.
• 5.10. Finance Fee. DBP may charge Customer a finance fee up to 15% per month on the outstanding balance of the Customer's account.
• 5.11. Taxes. Customer is responsible for all taxes (excluding taxes on DBP's net income) and DBP will charge tax when required to do so by law.

6. Term and Termination.

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.

7. Confidentiality.

• 7.1. Confidentiality. During the course of their performance under this Subscriber Agreement, each party may make available to the other party information that is not generally known to the public and at time of disclosure is either identified as, or should reasonably be understood by the receiving party to be, proprietary or confidential (the "Confidential Information"). Confidential Information shall include, but shall not be limited to: business plans, strategies, forecasts, projects and analyses; financial information and fee structures; business processes, methods and models; employee, customer and supplier information; sales and marketing information. With respect to the Customer, Confidential Information also includes the Customer Content.
• 7.2. Obligations. Except as otherwise expressly permitted under this Services Agreement, with the express prior written consent of the disclosing party, or as required by law, the receiving party will not disclose, transmit or otherwise disseminate to a third party any Confidential Information of the disclosing party. The receiving party will use the same care and discretion with respect to the Confidential Information received from the disclosing party as it uses with its own similar information, but in no event less than a reasonable degree of care. DBP may disclose Customer's Confidential Information to its employees, consultants, agents or advisors who have a strict need to know such Confidential Information solely for the purpose of performing DBP's obligations under this Agreement and only to those who are obligated to maintain the confidentiality of such Confidential Information upon terms at least as protective as those contained in this Agreement. Customer may disclose DBP's Confidential Information to its employees, consultants, agents or advisors who have a strict need to know such Confidential Information and are obligated to maintain the confidentiality of such Confidential Information upon terms at least as protective as those contained in this Agreement.
• 7.3. Exclusions. The obligations set forth in Section 7.2 above shall not apply to any Confidential Information that the receiving party can demonstrate: (i) the receiving party possessed, without any obligation of confidentiality, prior to disclosure by the disclosing party; (ii) is or becomes publicly available without breach of this Agreement by the receiving party; (iii) is or was independently developed by the receiving party without the use of any Confidential Information of the disclosing party; or (iv) is or was received by the receiving party from a third party that does not have an obligation of confidentiality to the disclosing party or its affiliates. Either party may disclose the terms of this Agreement to potential parties to an acquisition or similar transaction to facilitate due diligence and closing of the transaction, provided that potential party is subject to written non-disclosure obligations and limitations on use only for the prospected transaction. The receiving party may disclose Confidential Information of the disclosing party if legally required to do so in connection with any legal or regulatory proceeding, provided, however, that in such event the receiving party will, if lawfully permitted to do so, notify the disclosing party within a reasonable time prior to disclosure so as to allow the disclosing party an opportunity to seek appropriate protective measures.

8. Indemnification.

• 8.1. By Customer. Customer hereby agrees to indemnify, defend and hold harmless DBP, its licensees and licensors, and their respective employees, contractors, agents, officers and directors (together, the "DBP Affiliates"), from and against any and all liabilities, damages, obligations, losses, costs and expenses (including but not limited to reasonable attorney's fees) (together, the "Losses") arising from or as a result of any claim by a third party against DBP or the DBP Affiliates regarding: (i) use of or access to the Service by Customer or its End Users in violation of this Subscriber Agreement or DBP's Acceptable Use Policy; or (ii) any data or Customer Content transmitted or received through Customer's account.
• 8.2. By DBP. DBP hereby agrees to indemnify, defend and hold harmless Customer and its employees, contractors, agents, officers and directors (together the "Customer Affiliates"), from and against any and all Losses arising from or as a result of any claim by a third party against Customer or the Customer Affiliates to the extent based on an allegation that the Service or DBP's technology used to provide the Service infringes or misappropriates any copyright, trade secret, U.S. patent, or trademark right of the third party. In no event will DBP have any obligations or liability under this section arising from: (i) use of the Service in a modified form or in combination with materials not furnished by DBP; (ii) use of any third party app developed using DBP's API; or (iii) any content, information, or data provided by Customer, End Users, or other third parties. THIS INDEMNITY IS CUSTOMER'S ONLY REMEDY UNDER THIS SUBSCRIBER AGREEMENT FOR ANY VIOLATION BY DBP OF ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS.
• 8.3. Infringement Claims. If the Service becomes, or in DBP's reasonable judgment is likely to become, the subject of a claim of infringement, then DBP may: (i) obtain the right, at DBP's expense, for Customer to continue using the Service; (ii) provide a non-infringing functionally equivalent replacement; (iii) modify the Service so that it is no longer infringing. If DBP, in its sole and reasonable judgment, determines that none of the above options are commercially reasonable, then DBP may suspend or terminate Customer's use of the Service and provide Customer with a pro rata refund of prepaid fees.
• 8.4. Process. The party seeking indemnification will provide prompt notice concerning the existence of an indemnifiable claim and cooperate fully with the indemnifying party in defending the claim. Failure to give prompt notice shall not constitute a waiver of a party's right to indemnification and shall affect the indemnifying party's obligations hereunder only to the extent that the indemnifying party's rights are materially prejudiced by such failure or delay. The indemnifying party will have full control and authority over the defense of any claim; provided, however, that: (i) the indemnified party may join in the defense at its own expense using counsel of its choice; and (ii) any settlement requiring the party seeking indemnification to admit liability or make any financial payment will require such party's prior written consent, not to be unreasonably withheld or delayed.

9. Limitation of Liability.

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.

10. Hosting of the Service; Export Restrictions.

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.

11. Copyright.

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:

• • electronic or physical signature of a person authorized to act for the copyright owner
• • description of the copyrighted work
• • description of where the infringing content is located on this website
• • your office or home address, telephone number and email address
• • a statement of good faith belief that the use of the work is not permitted by the copyright owner, and
• • a statement under penalty of perjury that the above is true and you are authorized to act for the owner.

You acknowledge that if you fail to comply with all the requirements of this Section, your DMCA notice may not be valid.

12. Miscellaneous.

• 12.1. Modifications. DBP may revise this Subscriber Agreement from time to time by posting the modified version on its website at least twenty (20) business days prior to the effective date of the modifications being made; provided, however, that no such modification shall include a reduction in Customer's rights or DBP's obligations unless affirmatively agreed to by Customer in advance. If, in DBP's sole and reasonable discretion, the modifications being proposed are material, DBP will notify Customer of such proposed modifications via email to the email address associated with Customer's account. By continuing to access or use the Service after the posted effective date of modifications to this Subscriber Agreement that do not include a reduction in Customer's rights or DBP's obligations hereunder, Customer agrees to be bound by such modifications.
• 12.2. Governing Law; Dispute Resolution. This Subscriber Agreement will be governed by the laws of the State of Colorado without regard to its conflict of laws provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Claims relating to this Agreement or the Service will be resolved through final and binding arbitration, except as set forth below. The American Arbitration Association (AAA) will administer the arbitration under it Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration will be held in Denver, Colorado. Notwithstanding these arbitration provisions, either party may bring suit in the federal or state courts located in Boulder County, Colorado solely for injunctive relief to stop unauthorized use or abuse of the Service or infringement of Intellectual Property Rights and both DBP and Customer agree to personal jurisdiction there. All disputes will be resolved on an individual basis and customer may not bring a claim in a class, consolidated or representative action. Class arbitrations, class actions, private attorney general actions, and consolidations with other arbitrators are not allowed under this Subscriber Agreement.
• 12.3. Relationship of the Parties. Independent Contractors; No Third Party Beneficiaries. The parties are independent contractors with respect to each other, and neither shall be deemed an employee, agent, partner or legal representative of the other for any purpose or shall have any authority to create any obligation on behalf of the other. No third-party beneficiary rights are granted as a result of or pursuant to this Agreement.
• 12.4. Force Majeure. Except for payment obligations, neither DBP nor Customer will be liable for inadequate performance to the extent caused by a condition that is beyond the party's reasonable control, including but not limited to natural disaster, civil disturbance, acts of terrorism or war, labor conditions, governmental actions and interruption or failure of the Internet or any utility service.
• 12.5. Assignment. Neither this Subscriber Agreement nor any of the rights and licenses granted hereunder, may be transferred or assigned by either party without the other party's express written consent; provided, however, that either party may assign this Subscriber Agreement without the other party's consent to an affiliate or in connection with a merger, acquisition, corporate reorganization or sale of all or substantially all of its assets. Any other attempt to transfer or assign this Subscriber Agreement will be null and void.
• 12.6. Entire Agreement. This Subscriber Agreement, together with any Order Form associated herewith (as limited by Section 6), constitutes the entire agreement of the parties concerning the subject matter hereof and supersedes and replaces any prior or contemporaneous understandings and agreements, whether written or oral, with respect to the subject matter hereof. If a court of competent jurisdiction deems any provision of this Subscriber Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions hereof, which shall remain in full force and effect.
• 12.7. No Waiver. No waiver of any term of this Subscriber Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under this Subscriber Agreement shall not constitute a waiver of such right or provision.

LAST UPDATED: December 2, 2024

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.

Our Collection and Use of Information

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 Content

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.

Information We Collect Automatically

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.

Log Files

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.

Device Identifiers

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.

Location Information

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.

How We Share Your 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.

How We Protect Your Information

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.

Risks Inherent in Sharing Information

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.

Your Choices About Your Information

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.

Children's Privacy

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.

International Data Transfer

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.

Links to Other Web Sites

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.

Do Not Track Signals

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.

Changes to Our Privacy Policy

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.

Acceptable Use Policy

LAST UPDATED: December 2, 2024

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).

Acceptable Use of the Service

No Misuse of the Service. You agree not to misuse the Service. For example, you may not:

• • use the Service for any unlawful purpose or for promotion of illegal activities;
• • impersonate another person through the Service or otherwise misrepresent an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
• • publish or post other people's private or personally identifiable information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission;
• • send unsolicited communications, promotions advertisements, or spam;
• • publish or link to malicious content intended to damage or disrupt another user's browser or computer;
• • access, tamper with, or use non-public areas of the Service, DBP's computer systems, or the technical delivery systems of DBP's providers;
• • probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
• • access or search the Services by any means other than DBP's publicly supported interfaces (for example, "scraping");
• • forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information;
• • interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service; or
• • promote or advertise products or services other than your own without appropriate authorization.

Content Standards. You may not post any Content on the Service that:

• • May create a risk of harm, loss, or physical or mental injury to any other person or the risk of loss or damage to any property;
• • violates of any applicable law, any intellectual property rights, or anyone's right of privacy or publicity;
• • is defamatory, libelous or threatening or that constitutes hate speech; or
• • contains any information that you do not have a right to make available under law or any contractual or fiduciary duty.