Doba Enterprise Terms and Conditions
The Doba website is operated by Doba, Inc. at 3401 North Thanksgiving Way, Lehi, UT 84043 or its affiliates. These Terms of Service apply to Doba and not to the content of third parties.
We reserve the right to adjust prices at any time. Due to possible information misrepresentations, we may correct typographical and printing errors related to prices at any time. Members should be aware that product prices can and do fluctuate as a result of a supplier updating their wholesale pricing. Doba has no control over any supplier’s pricing, shipping and handling charge policies and therefore cannot guarantee any item will remain at any particular price for any period of time.
You can find the specific details regarding your purchase and billing with Doba at anytime by clicking on the “Billing Details” link within the “My Account” section of your Doba retailer account; you must be “logged in” to view this section.
Your Doba subscription will be automatically renewed on a monthly or yearly basis. For your convenience, we will bill the monthly or annual subscription fee, plus any applicable tax, to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Your membership will automatically renew for successive monthly or yearly subscriptions, without prior notice to you, unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month or year in order to avoid billing of the next month’s/year’s subscription fees to your Payment Method. You are not eligible to receive refunds once your Payment Method has been billed.
By using the Doba service, you consent to receiving electronic, phone, and mail communications from Doba. These communications will include notices about your account (e.g., order updates and receiving e-mails) and information concerning or related to our service. These communications are part of your relationship with Doba and you are entitled to receive them as part of the Doba subscription. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
From time to time, we test various aspects of our service, and we reserve the right to include you in these tests without notice.
Doba is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to Doba, including, without limitation, responses to questionnaires or through postings to the Doba website without further compensation, acknowledgment or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Doba website or other websites. Furthermore, by posting any information on our site, submitting suggestions, or in responding to questionnaires, you grant us a nonexclusive, royalty-free license to display, use, reproduce or modify that information.
All content included on the Doba website and delivered to subscribers as part of the service, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of Doba, or its suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Doba, and protected by U.S. and international copyright laws. Content should not be reproduced or used without express written permission from Doba, or its suppliers. Doba reserves the right to terminate your membership hereunder if Doba, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the copying or other unauthorized use of our proprietary content.
Doba is a registered trademark of Doba. Doba.com, and other marks indicated on our site are trademarks of Doba. All Doba graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of Doba. Doba’s trademarks and trade dress may not be used in connection with any product or service that is not Doba’s, in any manner that is likely to cause confusion among customers, in any manner that dilutes Doba’s rights, or in any manner that disparages or discredits Doba. All other trademarks not owned by Doba that appear on the Doba website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Doba. Any images of persons or personalities contained on the Doba website shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.
In order to provide you with ease of access to your account, Doba will place a cookie (a small text file) on any computer from which you access the Doba website. When you revisit the Doba website, this cookie will enable us to recognize you as a previous user or as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You may not share your account with other people by providing them your password. However, if you decide to share your account with other people, you take full responsibility for their actions and liabilities. Users of public or shared computers should log out at the completion of each visit to the Doba website.
If you find that you’re a victim of identity theft and it involves a Doba account, you should notify customer service. Then, you should report this instance to all your credit card issuers, as well as your local law enforcement agency. Doba reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. Doba is not obligated to credit or discount a membership for holds placed on the account by either a representative of Doba or by the automated processes of Doba.
The Member understands that a valid form of payment must accompany all orders and membership fees.
All warranties for products purchased through Doba are the responsibility of the respective manufacturers and their agents. All issues, claims and questions concerning product warranties should be submitted directly to the manufacturer or supplier. In the event that the product is a health related device or nutritional supplement, all information contained on the website, including information relating to medical and health conditions, products and treatments, is for informational purposes only. The information on the Doba website, or information provided by the manufacturers of the products, or information on product packaging or labels is not meant to be a substitute for the advice of a physician or other medical professional and should not be used for prescribing a medication or diagnosing a health problem. Statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
Doba and its supplier and distribution partners reserve ownership and copyright to all materials published by Doba. Reproductions and alterations of individual product images and descriptions may be used for marketing & reselling purposes. You must receive written consent from Doba for any other use or any modification of product images and other copyrighted materials. Doba allows its members to resell the products in our catalog.
Doba diligently strives to provide the most accurate information as possible. However, as all specifications and descriptions are provided by the supplier of the product, Doba makes no warranty expressed or implied with respect to accuracy of the information, including price, product descriptions or product specifications. Both the product and manufacturer names are used only for the purpose of identification. Members are responsible for making sure the product information is correct with the product’s respective Manufacturers prior to selling any products from this site.
Doba diligently strives to provide the most accurate information as possible. However, as all specifications and descriptions are provided by the supplier of the product, Doba makes no warranty expressed or implied with respect to accuracy of the information, including price, product descriptions or product specifications. In addition, due to size, volume of requests and resource constraints; Data Exports, at times, may be delayed or contain data older then what is displayed on the website.
Manufacturer may require strict adherence to how their intellectual property is advertised. As such, some products may only be advertised at a Minimum Advertised Price (referred to herein as MAP). For all products under a MAP agreement, we will provide two prices: the wholesale cost and MAP. As a reseller, you agree to never advertise any products protected by a MAP agreement to end consumers for less than the MAP price. Products with a MAP will be clearly marked with an asterisk. Under no circumstances shall Doba or any other party involved in creating, distributing, or supplying products for Doba be liable for any direct, indirect, incidental, special, or consequential damages that result from, products purchased from Doba. It is the reseller’s responsibility to verify with the manufacturer, any product information, images and descriptions prior to marketing any and all products. Product images are subject to change at anytime and are not to be construed as exact representations of any products ordered since the manufacturers can change their products at any time without any notice.
Members are not allowed to repackage, reproduce, or otherwise resell Doba memberships, technology, and/or data without express written consent from Doba. Also, bulk downloading or “screenscraping” of data from the Doba website or subsidiary websites is prohibited without prior express written permission. Violation will result in the account being canceled and depending on the severity of the violation, we reserve the right to press criminal charges and/or seek civil compensation for damages, expenses, and revenues lost.
Doba provides access to information about suppliers including but not limited to, trade name, brand(s), and product specifications, pricing and availability. Doba’s agreement with the supplier may restrict Doba members from contacting the supplier directly. At Doba’s sole discretion, your account may be canceled, without refund, if the member attempts to contact and establish a direct relationship with Doba’s suppliers. Doba will make every attempt, within reason, to accommodate a member request for additional products, pricing, or services from a supplier on behalf of the member.
Doba and its distributors/suppliers reserve the right to restrict shipments to within the Continental U.S., Alaska, and Hawaii. All orders must be placed with a residential ship-to address. Orders with P.O. Box, APO, or FPO shipping addresses will not be processed. Any orders with shipping addresses outside the Continental U.S., Alaska, and Hawaii will not be processed. Individual suppliers may have additional shipping restrictions. However, in no way does the absence of a specific shipping policy by a supplier imply that the supplier offers any of the above mentioned services.
You are responsible to pay the shipping and handling charges for all products purchased from Doba. You are responsible for these charges for shipments that are refused or returned for any non-supplier caused. We are not responsible for incidental or consequential damages or losses to defective products, errors in shipping your order, or other errors. The limit of our liability is the replacement cost of any item you purchase from us. ANY ODD SIZED OR EXCESSIVE WEIGHTED ITEMS MAY REQUIRE A CUSTOM SHIPPING COST CALCULATION FROM Doba. ON THESE OCCASIONS, THE ORDERS WILL NOT SHIP UNTIL YOU HAVE APPROVED THE CUSTOM SHIPPING COST. Depending on information provided by the supplier, Doba may publish the shipping weights of items. The publication, or absence of, shipping weights cannot be used to determine ship cost and/or your financial obligation. The ‘Ship Cost’ provided on every product page and in the shopping cart should solely be used for determining the ship cost.
Doba is not responsible for loss, or damages as a result of misplaced, mis-ordered or other typographical errors that occur during order placement. The members has sole responsibility for verifying the accuracy of the order, including actual item, pricing, shipping, and/or handling, prior to order submission. Order placement means (single, batch or API) does not change member responsibility and subsequent financial responsibility.
Generally, once an order is placed, it cannot be changed in any way. However, under certain circumstances, orders can be canceled and/or modified. If the Member contacts Doba’s customer service department using the online form as soon as possible with a change request, it may be occasionally possible to amend the order. Doba is not responsible for any loss, or damages that are a result of a change request occurring after the order has been placed.
Each one of Doba’s suppliers has a different return policy. Members are responsible for becoming familiar with and abiding by the policies and procedures of each supplier for returning products ordered. Failure to do so may result in a rejected return. Individual supplier policies can be viewed by clicking the individual “Supplier Info” links located on the “Products” tab of the Doba site.
As a client of Doba, you understand that you are an absolutely independent entity from Doba. You are responsible to pay taxes to state, federal or local authorities in accordance with any and all applicable laws. This tax responsibility includes collecting and remitting all appropriate sales taxes to state and local authorities.
Resellers are independent contractors of Doba and are not considered employees of Doba. Resellers are prohibited from making any unauthorized claims by the manufacturer, or claims that are illegal in any state. Resellers do not have the right to bind Doba in any contract related to the business of the reseller. Reseller affirms that reseller is of legal adult age in the state in which reseller resides.
The visitor/member, by completing the signup process, hereby represents that they are of the legal age of the state in which they reside.
Although all of the suppliers Doba works with are authorized distributors of the products they sell, and Doba is authorized to act as a venue to supply said products, this does not indicate that all items are suitable for resale under any particular circumstance or venue. Doba acts only as a venue to provide access to wholesale and bulk products.
It is the member’s responsibility to ascertain any particular product’s suitability for sale in any given venue that the customer chooses to sell through, whether this is through a “brick & mortar” store, an online store, online auctions, or any other venue. Members are responsible to discover and comply with any specific manufacturer policies or MAP (minimum advertised price) restrictions.
It is also the member’s responsibility as a businessperson to ascertain the legal implications of selling items that may be prohibited, by law or otherwise, in certain regions or venues.
For anyone who plans to sell items through an online marketplace (or auction) site, it is recommended that you review the terms and conditions of the online marketplace, as well as check to be sure any product you hope to sell is not prohibited by the online marketplace.
Please note, some items which are prohibited are not necessarily against the law to sell, but are simply items that a marketplace has decided to prohibit based on their own decision.
Doba has no control over what is and isn’t legal in any online marketplace, venue or region and is not responsible for the sale of any product through our services.
You and Doba agree that the laws of the State of Utah and Utah County shall have exclusive jurisdiction over any dispute or claims, policies, and procedures between you and Doba relating in any way to the Doba service or website or these Terms. You and Doba expressly and irrevocably consent to personal jurisdiction and venue in these courts. The non-prevailing party shall pay all attorney’s fees and court costs.
You must be 18 years of age or older to subscribe to the Doba service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian. Unless otherwise specified we grant you a limited license to access the Doba website. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Doba website without our express written consent. Any unauthorized use of the Doba website or its contents will terminate the limited license granted by us.
Reseller understands that all information provided by Doba is confidential and proprietary to Doba and must be used by reseller according to the terms of this agreement. Reseller agrees to not provide any confidential or proprietary information received from Doba to any business entity that may compete with Doba. Any violation of confidentiality is grounds for immediate termination.
Doba reserves the right to make amendments to this agreement at any time. Amendments may be the result of changes in economic, legal, or other factors that affect the business of Doba.
It is the Member’s responsibility to obtain payment or assurance of payment from their individual customers before ordering with Doba. Doba strongly recommends obtaining proper address verification systems (AVS) for credit card purchases and making sure all physical payments are deposited and cleared before placing the order with Doba. Orders placed with Doba are very difficult to cancel, and are subject to any restocking fees. All payment shall be made via credit card payment, U.S. Verified PayPal payment, Doba PrePay, or wire transfer for product orders. Doba reserves the right to restrict payment to wire transfer for orders over $2,000 (two-thousand dollars) or any other order deemed to have high fraud risk. All membership payment shall be made via major credit cards, Doba PrePay, or U.S. Verified PayPal payment. Doba will accept no other payment form than those here listed.
If one or more of the provisions of the policies and procedures in this user agreement are deemed void by law in a court of competent jurisdiction, the balance of the policies and procedures’ remaining provisions, or any provision in the Doba manual, shall continue in full force and effect.
While www.doba.com (hereafter the “Website”) and all of its dependent pages contain far too much information to be quoted in their entirety in these Terms and Conditions, the Member is responsible for reading and understanding all information contained on the Website. Doba is not responsible for any inconvenience, loss of profit, or other complication that the Member, his or her business, or his or her customers may experience as a result of the Member’s failure to read and understand all information on the Website. Furthermore, it is the responsibility of the Member to contact and question Doba’s customer service representatives regarding any portion of the Website that they have read but do not understand.
In addition to all information contained on the Website, the Member is accountable for any and all new information added to the Website at any time in the future. Such information is often, but not always, referenced in the Press Room.
Last updated July 2016.