By accessing DBEGoodFaith.com, you are agreeing to be bound by the following Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
DBEGoodFaith.com is not intended for use by anyone under the age of 18. By using DBEGoodFaith.com, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Sites, or engaged in any activity that could result in suspension or removal from the Sites, and (d) 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.
In order to access and use certain areas or features of DBEGoodFaith.com, you will need to register for a DBEGoodFaith.com account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to DBEGoodFaith.com or your account.
By creating a DBEGoodFaith.com account, you also consent to receive electronic communications from DBEGoodFaith.com (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
Core Packages, Package Add-ons, Account Add-ons. We offer different Core Packages, Package Add-ons, and Account Add-ons ("Products") for our good faith effort assistance services. For more information about what our Products include and pricing, please visit the Services & Rates page on our website and our FAQs. Note that we may not be able to provide all products in each state, so please Contact Us to confirm that we can assist with your project.
DBE GoodFaith Select. THE "DBE GOODFAITH SELECT" SUBCONTRACTOR SELECTION METHOD DOES NOT GUARANTEE THE ADDITION OF INDIVIDUAL SUBCONTRACTORS SOUGHT BY THE USER TO AN ORDER. WHEN "DBE GOODFAITH SELECT" IS CHOSEN DURING THE ORDER SUBMISSION PROCESS, THE USER EXPRESSLY WAIVES ANY AND ALL RIGHTS TO A) SUPERVISE DBEGOODFAITH.COM'S SUBCONTRACTOR SELECTIONS AND B) MAKE CLAIMS AGAINST DBEGOODFAITH.COM DUE TO DAMAGES RESULTING FROM THE SUBCONTRACTORS SELECTED FOR THE ORDER. DBEGOODFAITH.COM WILL MAKE AN EFFORT TO IDENTIFY AND SELECT CERTIFIED SUBCONTRACTORS THAT A) REASONABLY MATCH THE SUBCONTRACTING CATEGORY LIST INCLUDED IN THE "PROJECT DETAILS" SECTION OF THE ORDER, AND B) ARE LOCATED WITHIN A REASONABLE PROXIMITY OF THE CONTRACT'S WORK LOCATION. DBEGOODFAITH.COM WILL NOT SELECT CERTIFIED SUBCONTRACTORS FOR AN ORDER IF THEY HAVE PREVIOUSLY REQUESTED THAT DBEGOODFAITH.COM NOT CONTACT THEM ABOUT SUBCONTRACTING OPPORTUNTIES THROUGH THE DBEGOODFAITH.COM PLATFORM.
Payment. WHEN YOU ORDER A CORE PACKAGE, PACKAGE ADD-ON, OR ACCOUNT ADD-ON, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT DBEGOODFAITH.COM (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU FOR YOUR THE TOTAL LISTED ON THE ORDER RECEIPT (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES).
Order Cancellation. YOU MAY CANCEL ANY ORDER OF A CORE PACKAGE, PACKAGE ADD-ONS, OR ACCOUNT ADD-ONS AT ANY TIME BY EMAILING US AT ORDERS@DBEGOODFAITH.COM WITH YOUR CANCELLATION REQUEST. REFUNDS OR PARTIAL CREDITS ARE AVAILABLE ON REQUEST AT THE DESCRETION OF DBEGOODFAITH.COM.
Occasionally, we may offer discounted or free trials for specified periods of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial or at registration.
INSTRUCTIONS FOR CANCELING YOUR SUBSCRIPTION ARE DESCRIBED IN SECTION 4.1 ABOVE. PLEASE NOTE THAT YOU WILL NOT RECEIVE A NOTICE FROM US THAT YOUR FREE TRIAL HAS ENDED. WE RESERVE THE RIGHT TO MODIFY OR TERMINATE FREE TRIALS AT ANY TIME, WITHOUT NOTICE AND IN OUR SOLE DISCRETION.
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, as applicable, an "Order"). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may not be processed or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update credit card information associated with your DBEGoodFaith.com account, you can do so at any time by logging into your account and editing your credit card information.
You acknowledge that the amount billed may vary due to promotional offers, changes to your Orders, or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.
All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time. Pricing or our Products listed in Section 4.1 can be found on our Services & Rates page.
Unless otherwise indicated in writing by us, DBEGoodFaith.com and all content and other materials contained therein, including, without limitation, the DBEGoodFaith.com logo and all designs, text, graphics, pictures, information, data, software, sound files, User Content , other files and the selection and arrangement thereof (collectively, "Content") are the proprietary property of DBEGoodFaith.com or our licensors or users, as applicable, and are protected by U.S. and international copyright laws.
You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable license to access and use the Sites and Content. However, such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially DBEGoodFaith.com or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of DBEGoodFaith.com or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of DBEGoodFaith.com or Content, except as expressly permitted by us, and (f) use DBEGoodFaith.com or Content other than for their intended purposes. Any use of DBEGoodFaith.com or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of DBEGoodFaith.com or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
Notwithstanding anything to the contrary in these Terms, DBEGoodFaith.com and Content may include software components provided by DBEGoodFaith.com or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of limiting access to DBEGoodFaith.com by, or terminating the accounts of, users, in appropriate circumstances and in our sole discretion, who infringe the intellectual property rights of others.
You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to DBEGoodFaith.com for noncommercial purposes, provided that such link does not portray DBEGoodFaith.com or any of our Services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a DBEGoodFaith.com logo or other proprietary graphic of DBEGoodFaith.com to link to the Sites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any DBEGoodFaith.com icon, logo or other proprietary information, including the images found on DBEGoodFaith.com, the content of any text or the layout or design of any page, or form contained on a page, on DBEGoodFaith.com without our express written consent.
DBEGoodFaith.com makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party websites accessible by hyperlink from DBEGoodFaith.com or of websites linking to DBEGoodFaith.com. External sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave DBEGoodFaith.com, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from DBEGoodFaith.com.
We may display content, advertisements and promotions from third parties through DBEGoodFaith.com. We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that DBEGoodFaith.com is not responsible or liable in any manner for such interactions or Third Party Content.
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using DBEGoodFaith.com. You agree that you will abide by these Terms and will not:
DBEGoodFaith.com may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, good faith advertisements, company logos, contract documents, or other materials (collectively, "User Content"). You understand that this User Content will be viewable by others in accordance with the services provided. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Sites.
By using the interactive features and areas of DBEGoodFaith.com, you further agree not to create, post, share or store any of the following:
We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to DBEGoodFaith.com or to our pages or feeds on third party social media platforms (e.g., DBEGoodFaith.com's Facebook page or Twitter feed), you hereby grant DBEGoodFaith.com a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes.
By uploading, posting or submitting User Content to DBEGoodFaith.com through the site or through our pages or feeds on third party social media platforms, you represent and warrant that (a) such User Content is nonconfidential, (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content, (c) you authorize DBEGoodFaith.com to use such User Content for the purposes described in these Terms, (d) the User Content is accurate and not misleading or harmful in any manner, and (e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third party right.
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about DBEGoodFaith.com or the Products (collectively, "Feedback"). Feedback is nonconfidential and shall become the sole property of DBEGoodFaith.com. DBEGoodFaith.com shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless DBEGoodFaith.com, and our respective past, present and future employees, officers, directors, contractors, consultants, equityholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “DBEGoodFaith.com Parties”), from and against all actual or alleged DBEGoodFaith.com Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of DBEGoodFaith.com, Content or Products, (b) any User Content you create, post, share or store on or through DBEGoodFaith.com or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party’s use or misuse of the DBEGoodFaith.com or Products provided to you. You agree to promptly notify DBEGoodFaith.com of any third party Claims and cooperate with the DBEGoodFaith.com Parties in defending such Claims. You further agree that the DBEGoodFaith.com Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and DBEGoodFaith.com.
YOU ARE SOLELY RESPONSIBLE FOR THE CORRECT EXECUTION OF THE GOOD FAITH EFFORT OUTREACH STEPS PER THE TERMS OF YOUR CONTRACT BID. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING WHETHER THE GOOD FAITH EFFOT OUTREACH SERVICES PROVIDED BY DBEGOODFAITH.COM ARE APPLICABLE TO THE CONTRACT ON WHICH YOU ARE BIDDING.
WE ATTEMPT TO DISPLAY THE PRODUCTS, SERVICES, AND OTHER MATERIALS AND INFORMATION YOU VIEW ON DBEGOODFAITH.COM, INCLUDING PRICING, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON. IN THE EVENT OF AN ERROR ON OUR SITES, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITES DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, AND CERTIFICATION DATABASE INFORMATION MAINTAINED BY THIRD PARTIES. DBEGOODFAITH.COM MAY CONTAIN INFORMATION ABOUT PRODUCTS OR SERVICES THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.
We reserve the right to change any and all Content and to modify, suspend or stop providing access to DBEGoodFaith.com (or any features or functionality of DBEGoodFaith.com) and the Products or Services at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DBEGOODFAITH.COM OR ANY OF THE OTHER DBEGOODFAITH.COM PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF DBEGOODFAITH.COM, SERVICES, PRODUCTS, OR CONTENT OF THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM DBEGOODFAITH.COM, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DBEGOODFAITH'S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF DBEGOODFAITH.COM AND THE OTHER DBEGOODFAITH.COM PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASED FROM DBEGOODFAITH.COM EXCEED THE AMOUNT PAID FOR SUCH PRODUCT. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE DBEGOODFAITH.COM AND THE OTHER DBEGOODFAITH.COM PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE DBEGOODFAITH.COM AND THE OTHER DBEGOODFAITH.COM PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH DBEGOODFAITH.COM PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, DBEGoodFaith.com (or any features or parts thereof) or the provision of the Products at any time and without liability therefore.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH DBEGOODFAITH.COM AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
18.1. 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 these Terms 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 DBEGoodFaith.com agree (a) to waive your and DBEGoodFaith.com’s respective rights to have any and all Disputes arising from or related to these Terms, or the Sites, Content or Products, resolved in a court, and (b) to waive your and DBEGoodFaith.com’s respective rights to a jury trial. Instead, you and DBEGoodFaith.com 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).
18.2. No Class Arbitrations, Class Actions or Representative Actions
You and DBEGoodFaith.com agree that any Dispute arising out of or related to these Terms or DBEGoodFaith.com, Content or Products is personal to you and DBEGoodFaith.com 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 DBEGoodFaith.com 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 DBEGoodFaith.com 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.
18.3. Federal Arbitration Act
You and DBEGoodFaith.com agree that these Terms affect interstate commerce and that the enforceability of this Section shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
18.4. Notice; Informal Dispute Resolution
You and DBEGoodFaith.com 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 DBEGoodFaith.com shall be sent by certified mail or courier to DBEGoodFaith.com. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your DBEGoodFaith.com account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and DBEGoodFaith.com cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or DBEGoodFaith.com may, as appropriate and in accordance with this Section, commence an arbitration proceeding or, to the extent specifically provided for in Section 18.1, file a claim in court.
Except for Disputes arising out of or related to a violation of these Terms 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 DBEGoodFaith.com agree that any Dispute must be commenced or filed by you or DBEGoodFaith.com within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and DBEGoodFaith.com will no longer have the right to assert such claim regarding the Dispute). You and DBEGoodFaith.com agree that (a) any arbitration will occur in the State of California, County of Alameda.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use DBEGoodFaith.com and to order, receive and use the Services or Products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
These Terms constitute the entire agreement between you and DBEGoodFaith.com relating to your access to and use of DBEGoodFaith.com and your order, receipt and use of Services & Products. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of DBEGoodFaith.com. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and DBEGoodFaith.com's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.