No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by your use of this Site. These Terms supersede any prior agreements between you and DRB Capital.
The laws of the State of Florida will govern the Content and materials contained in this Site, without giving effect to any principles of conflicts of laws. By accessing this site, you agree to the jurisdiction of the state or federal courts sitting in the State of Florida.
The following provisions shall survive the termination of these Terms and shall apply indefinitely: Ownership and Reservation of Rights, Disclaimers and Indemnification/Limitation of Liability.
OWNERSHIP AND RESERVATION OF RIGHTS
The information contained in this Site including all images, illustrations, designs, photographs, videoclips, writings and other materials (collectively referred to as “Content”) that appear herein are copyrights, trademarks, trade dress or other intellectual property owned by, controlled by, or licensed to DRB Capital. The name “DRB Capital” and names of our affiliated companies as well as their respective logos are the property of DRB Capital or its licensor(s) and may not be used in any way, including in advertising or publicity without our prior written permission. DRB Capital retains all rights with respect to the Site except those expressly granted to you below.
GRANT OF RIGHTS AND USE RESTRICTIONS
Provided you comply with these Terms, we grant you the right to access the Site for purposes of learning more about the Services and exchanging information in accordance with the functionalities provided by the Site (collectively, the “Permitted Purposes”). We also grant you the right to print a copy of the information contained herein for your personal use only, provided that you use such copy only for Permitted Purposes and that you retain any copyright or other proprietary notices as they appear on the Site. Apart from these express rights to use the Site and print out Site content for Permitted Purposes, you may not copy, reproduce, distribute, republish, download, display, post electronically or mechanically, transmit, record, in any manner mirror, photocopy, or reproduce the same without the prior written permission of DRB Capital.
We reserve the right at any time to terminate or suspend your right to access to some or all of the Site if you engage in activities that we conclude, in our discretion, breach these terms or our Code of Conduct below.
DRB Capital does not provide professional financial or legal advice and the Site is not intended as a substitute for professional financial or legal advice. Persons accessing this information assume full responsibility for the use of the information and understand and agree that DRB Capital is not responsible or liable for any claim, loss or damage arising from the use of the information.
All content provided on the section “Recent Posts” is for informational purposes only. DRB Capital makes no representations as to the accuracy, completeness, currentness, suitability, or validity of such content and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use.
DRB CAPITAL IS PROVIDING THIS SITE AND ITS CONTENTS ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALTHOUGH DRB CAPITAL BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, DRB CAPITAL DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT.
INDEMNIFICATION/ LIMITATION OF LIABILITY
You will indemnify and hold harmless DRB Capital and its subsidiaries, affiliates, officers, directors, owners, shareholders, employees, agents, printers, contractors, vendors, co-branders, suppliers, internet service providers, and partners from any loss, cost, claim, demand or other harm of any kind, including reasonable attorneys’ fees, due to or arising out of your unauthorized use of this Site or any violation by you of any laws or your violation of any rights of another person.
IN NO EVENT SHALL DRB CAPITAL BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE.
CODE OF CONDUCT
As a condition to your use of the Site, you agree to follow our Code of Conduct set out below. Under this Code, you will not:
- Use the Website in a manner that could disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
- Seek to obtain access to any materials or information through “hacking” or through any other means that we have not intentionally made available to you through the Site.
- Submit material that is intentionally false, defamatory, unlawfully threatening, illegal, or unlawfully harassing.
- Transmit materials through the Site that you know or should know contain viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
- Infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, games, images, and text in electronic form — can easily be copied, modified and sent over networks (such as the internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Website without the copyright owner’s permission, or without a legitimate “fair use” justification for the transmittal.
USER COMMENTS, FEEDBACK, AND OTHER INFORMATION SUBMISSIONS PROVIDED BY YOU
In addition, you agree, and are hereby put on notice, that you are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, inflammatory, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under law. You are solely responsible for the content of any comments you make.
LINKS TO THIRD PARTY SITES OR CONTENT
The Site may contain links that reference links to third party websites (collectively “Linked Sites”). Links to third party content or sites are provided for your convenience and information only. We have no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on Linked Sites. We do not endorse the content of any Linked Site, nor do we warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the Site to search for or link to another site, you agree and understand that such use is at your own risk.
ALL PRODUCTS, PROGRAMS AND SERVICES MAY NOT BE AVAILABLE IN YOUR AREA
This Site is controlled by us from our offices within the United States. If you choose to access this Site from other jurisdictions, you do so at your own risk as you are always responsible for your compliance with applicable laws. You may not use or export the materials in this Site.
DRB Capital is not authorized or licensed to do business in every jurisdiction. As such, the Services published on this Site may not be available in your state or country. Also, these Services are only available to individuals who are of legal age and residents of the United States. At our sole discretion, we may refuse any or all of our Services to anyone at any time.
MOBILE SERVICE PROGRAM
By providing DRB Capital with your contact information and mobile number through the Site or by phone, you agree and consent to the receipt of offers and adverting communications from DRB Capital, including the receipt of calls and text messages to your mobile number, some of which may be generated by an auto dialer. You understand that such consent is not a condition to make a sale or purchase of any goods or services. To opt out from receiving such communications, you may email us at email@example.com, call (800) 717-1000 or write to us at DRB Capital, 1625 S Congress Ave, Suite 200, Delray Beach, FL 33445. Visit Mobile Terms & Conditions for the full terms and conditions of the program.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
You agree that any and all controversies, claims, disputes, rights, interests, suits or causes of action between DRB Capital and you, or arising out of or relating to these Terms or the formation, validity and/or enforceability of this agreement to arbitrate or the Terms (each, a “Arbitrable Claim”), as well as the question of arbitrability of any such Arbitrable Claim, shall be settled by binding arbitration before the American Arbitration Association (the “AAA”). Notwithstanding, you have the option to pursue an Arbitrable Claim in a court of law, but only if you opt-out of this arbitration provision in writing sent to DRB Capital via USPS Certified Mail, Return Receipt Requested, within 30 days of accessing the Site. Any opt-out request received after the 30-day period will not be valid. The arbitration will be held before a single arbitrator, subject to the Commercial Rules of the AAA. The arbitrator shall be appointed (i) by agreement between the parties, (ii) by one party, if the other party fails to respond within 30 days to a request by the first party to agree on an arbitrator, or (iii) by the AAA, if the parties attempt to but fail to reach an agreement. No arbitration hereunder shall include (by consolidation, joinder or in any other method) any third parties, except by written consent signed by DRB Capital and you. You have no right or authority to submit an Arbitrable Claim to be arbitrated on a class action basis or on any basis involving Arbitrable Claims brought in a purported representative capacity on behalf of the general public or other persons or entities similarly situated. YOU UNDERSTAND THAT YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS IN ANY PROCEEDING PERTAINING OR RELATING TO A CLAIM AND THE RIGHT TO SEEK RELIEF IN A COURT OF LAW, THAT YOU ARE EXPRESSLY WAIVING THE RIGHT TO SEEK REMEDIES IN A COURT OF LAW, AND THAT SOME RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY NOT BE AVAILABLE IN ARBITRATION.
The effective date of these Terms is May 9, 2018.