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Thursday, July 29, 2010
Terms Of Use

Terms of Use for
i-Safe™ INTELLIGENT SAFETY SYSTEM

i-Safe™ Web Portal Terms of Use

DBI has developed a proprietary inventory tracking technology utilizing a web portal, and a system of radio frequency identification ("RFID") tags, scanners, and other equipment, known as the "i-Safe" system, which are the subject of pending U.S. patent application. (collectively, the "DBI Technology").
D.B. Industries, Inc. ("DBI") operates this web portal (the "Site") to enable end users of the DBI Technology to upload and manage information, and to provide online information about the i-Safe system, as well as DBI's other products and services (collectively, the "Service").

By accessing and using the Site, you agree to each of the terms and conditions set forth herein ("Terms of Use"). If you do not agree with any of the Terms of Use, you are not authorized to access or use the Site for any purpose. Additional terms and conditions applicable to specific areas of the Site or to particular content may also be posted in particular areas of the Site and, together with these general terms and conditions, govern your use of those areas. These general terms and conditions, together with such additional terms and conditions where applicable, are referred to as this "Agreement."

DBI reserves the right to modify this Agreement at any time. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified.  The last date these Terms of Use were revised is set forth below.

Date of last revision: June 11, 2007

  1. Access to the Site. You may access the Site using the username and password provided by DBI. You may then change your password as prompted by the Site. Your username and password are referred to as your "Identification." You are solely responsible for keeping your Identification confidential. You agree that you and your authorized representatives will be the only users of your Identification, and that you will be solely responsible for all activities on the Site using your Identification. We strongly recommend that you log out of the Site and close your browser window when your session is completed to help prevent unauthorized persons from accessing your Identification. Please contact DBI immediately at 800 328 6146 (ext. 6252) if you believe that your Identification has been lost or stolen, or that someone either has attempted or may attempt to use your Identification without your consent. Please keep in mind that no Internet site is 100% secure. Thus, while DBI strives to protect the personal information and privacy of its users, your use of the Site to transmit or store personally identifiable information is at your own risk.
  2. Intellectual Property. The Service, the Site, and all information and/or content that you see, hear or otherwise experience on the Site (the "Content") are protected by U.S. and international copyright, trademark and other laws, and belong to DBI or its partners, affiliates, contributors or licensors. You may use the Site, the Service and the Content solely for your personal, non-commercial use as follows: You may print copies of the information on the Site for your internal business use or, store the files on your computer for internal business use. You may not otherwise copy, distribute or display any Content without DBI's express written consent. Subject to this limited license, DBI reserves all right, title and interest in all Content. The DBI Technology is the subject of multiple U.S. patent applications. You may use the DBI Technology solely in accordance with the terms of this Agreement. You agree not to challenge the validity of the application (or any portion or claim thereof) or any patent issuing there-from, and to use the DBI Technology only in accordance with this or a superseding license. DBI reserves all rights not expressly granted hereunder.
  3. Use of Products. YOU ACKNOWLEDGE THAT ALL DBI PRODUCTS MUST BE USED IN ACCORDANCE WITH THE DBI USER’S MANUAL THAT IS ATTACHED TO OR FURNISHED WITH SUCH PRODUCT, AS WELL AS LINKS TO DBI PRODUCT MANUALS, TECHNICAL BULLETINS, AND OTHER INFORMATION, YOU ALSO ACKNOWLEDGE THAT ALL DBI PRODUCTS ARE FURNISHED SUBJECT TO DISCLAIMERS OF WARRANTY, AND THAT NONE OF THIS INFORMATION IS INTENDED TO BE A SUBSTITUTE FOR THE PROPER MAINTENANCE AND USE OF THE PRODUCT. YOU FURTHER ACKNOWLEDGE THAT DBI AND THE ISAFE SYSTEM DO NOT MONITOR THE USE OR MAINTENANCE OF ANY PRODUCT, AND YOU ARE SOLELY RESPONSIBLE FOR THE PROPER USE, INSPECTION AND MAINTENANCE OF ALL PRODUCTS AT ALL TIMES.
  4. Disclaimers of Warranty. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE DBI TECHNOLOGY. DBI MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE, THE CONTENT, OR THE DBI TECHNOLOGY. DBI EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT AND THE DBI TECHNOLOGY. DBI DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE, THE SERVICE, OR THE DBI TECHNOLOGY WILL BE CORRECTED. DBI DOES NOT WARRANT THE ACCURACY, CURRENCY, OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE, THE CONTENT, AND THE DBI TECHNOLOGY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
  5. Limitation of Liability. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL DBI BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, THE CONTENT, OR THE DBI TECHNOLOGY, EVEN IF DBI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, THE DBI TECHNOLOGY OR THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE DBI TECHNOLOGY.
  6. Indemnification. Unless caused by DBI's intentional misconduct, you agree to indemnify and hold DBI harmless from and against any and all claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use or misuse of, or inability to use the Site, the Service, the Content, the DBI Technology, or any DBI product, or from your violation of this Agreement.
  7. Third Party Links. As a convenience to Site users, DBI may provide hypertext links to third party web sites. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by DBI of the third party, the third-party web site, or the information contained therein. You acknowledge and agree that DBI is not responsible for the availability of any such web site, and that DBI does not endorse or warrant, and is not responsible or liable for, any such web site, its content, its privacy policy or practices, or the acts or omissions of its operators.
  8. Geographic Limitations on Use. Like most Internet web sites, this Site is accessible worldwide. However, not all DBI products or services are available to all persons or in all geographic locations. DBI reserves the right to limit the provision of its products and services to any person, geographic area, or jurisdiction and to limit the quantities of any products or services that it provides. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable content, and online conduct.
  9. User Suggestions. If you supply any comments, suggestions, or other information via the Site, you guarantee to us that you have the legal right to supply such information and that it will not violate any law or the rights of any person or entity. You further agree that all information you supply to us through the Site shall be deemed and shall remain our property, and you hereby assign to DBI all right, title, and interest in and to any such information, without any restriction or obligation to you.
  10. Privacy Statement. Click here to see DBI's Privacy Statement.
  11. User Conduct. You agree to use the Site solely for legal purposes, and solely in conformance with applicable laws and regulations. Without limiting the generality of the foregoing, you agree to (a) not access or use the information of other users of the Site; (b) not interfere with or disrupt computer networks connected to the Site; and (c) not interfere with or disrupt the use of the Site by any other user. You agree not to resell or make any commercial use of the services in the Site.
  12. General Provisions. This Agreement constitutes the entire agreement of the parties with respect to the Site, the Service, and the Content. No waiver by DBI of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, your use of the Site, the Service, or the Content (collectively, "Disputes") are governed by, and will be interpreted in accordance with, the laws of the State of Minnesota, without regard to any conflict of laws provisions. Any dispute will be venued in a state or federal court situated in Minnesota, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose.


© Copyright 2006, D.B. Industries, Inc. All rights reserved.

Date of last modification
June 11, 2007
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© Copyright 2008, D.B. Industries