This version was updated on Jul 31, 2023 18:49:36 (PST) and became effective from Aug 7, 2023 18:49:36 (PST).
Check the previous version here.
These Terms and Conditions (the “Terms”) of Doba, Inc., a Utah corporation (“Doba”), registered at 3300 N Triumph Blvd #G40 Lehi, UT 84043, are a legally binding agreement between you and Doba and its affiliates relating to the usage of Doba's website and related services (collectively, the “Services”), including, but not limited to, the purchase of a membership subscription to utilize the Services (a “Membership”). These Terms do not apply to any content or services provided by third parties, whether such third-party services (or links thereto) appear on Doba’s website or are otherwise incorporated into the Services or not. These Terms affect your rights, so please read and review them. Subject to our Terms, Doba will use commercially reasonable efforts to provide to you the Services and commercially reasonable technical support within Doba’s website and/or mobile applications available on various platforms in accordance with Doba’s standard practices.
Your use of a particular Doba webpage included within the Doba website may also be subject to additional terms outlined elsewhere on such webpage. You may not use the Services without accepting these Terms.
Individuals must be 18 years of age or older to use the Services, or, if under 18, be at least 13 years old and have the consent and active involvement of a parent or legal guardian. If you are agreeing to these Terms on behalf of a legal entity, you represent to Doba that you have the authority to bind such entity and its affiliates to these Terms. In such case, the term “you” or “your” as used herein will also refer to such entity and its affiliates. Subject to your compliance with these Terms, Doba grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services during the term of your Membership.
Notwithstanding anything to the contrary, Doba shall have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Services and related systems and technologies. This includes but is not limited to, information concerning your User Content and data derived therefrom), and Doba will be free (during and after the term hereof) to (a) use such information and data to improve and/or enhance the Services and/or for other development, diagnostic and corrective purposes in connection with the Services and other Doba offerings, and (b) disclose such data solely in aggregate or another de-identified form in connection with its business. In furtherance of the foregoing, if you provide any suggestions, enhancement requests, recommendations, comments, or other feedback relating to the Services to Doba, you agree that Doba and its affiliates may freely use, reproduce, license, distribute, and otherwise commercialize your suggestions and feedback in connection with the Services and/or for any other lawful purpose, on a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual basis. Doba will not be obligated to implement any suggestions, or feedback, or correct any defects, bugs, or errors in the service identified in the feedback or otherwise.
You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how, or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services; use the Services for timesharing or service bureau purposes or otherwise for the benefit of a third party, or remove any proprietary notices or labels.
Furthermore, you may not remove or export from the United States or allow the export or re-export of the Services or anything related thereto, or any direct product thereof in violation of any restrictions, laws, or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and documentation are “commercial items” and according to DFAR section 252.227 7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by these Terms and will be prohibited except to the extent expressly permitted by these Terms.
You represent covenant and warrant that you will use the Services only in compliance with Doba’s standard published policies then in effect (the “Policy”) and all applicable laws and regulations. Although Doba has no obligation to monitor your use of the Services, Doba may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers, and the like (collectively, “Equipment”). You shall also be responsible for maintaining the security of the Equipment, your account, passwords, and files, and for all uses of your account or the Equipment with or without your knowledge or consent.
You are not permitted to (a) transfer or otherwise make the Services available to any third party; (b) provide any service based on the Services without our prior written permission; (c) post links to third-party sites or use their logo, company name, etc. without their prior written permission; or (d) use the Services for spamming, scamming and/or other illegal purposes.
You agree that you will not upload to the Services or create any content that depicts violence, nudity, or partial nudity or is unlawful, sexually suggestive, pornographic, offensive, discriminatory, threatening, libelous, defamatory, obscene, or otherwise violates any third party’s rights, including intellectual property and/or privacy rights, or that otherwise violates these Terms.
After registering for and logging in to your Doba account, you can review and modify the specific details of your Membership status, purchases, and billing information at any time by clicking the “Pricing Plan” link within your Doba account. Without limiting the following, you agree to Doba’s Fees and Cancellations Policy.
- Free Trial Period
Doba encourages the initial use of the Services through a free trial Membership. Free trials are only available to first-time users of the Services and cannot be combined with any other promotional offer. Only one (1) free trial may be redeemed by you or your affiliates (e.g., a retailer, such retailer’s organization, and its agents).
To redeem a free trial offer, you must have Internet access. No charges will be made to any payment methods added to your account until the end of the free trial period. The day you start your free trial (based on Mountain Standard Time) is considered day one of your trial, regardless of the time of day you register. Once your free trial expires, you must have a valid form of the currently accepted methods of payment, which will be used to automatically bill the Membership cost applicable to the plan provided to you during the free trial.
- Membership Subscription
Doba offers a variety of Membership subscription plans that may vary from time to time at the sole discretion of Doba, including special promotional plans with discounted pricing, an extension of the subscription period, and bundled products and/or services (collectively “Plans”, each a “Plan”). A given Plan may not be available for your Membership at any given time, and Doba is under no obligation to offer you the same Plan offered or subscribed to by another Doba customer. Doba reserves the right to modify, terminate or otherwise amend offered Plans. If a promotional Plan is made available to you during your free trial and you elect to upgrade to such a promotional Plan, you acknowledge that your free trial will be immediately terminated upon submission of payment in respect of such a promotional Plan. To the extent third-party products and/or services are bundled with a Plan, Doba explicitly disclaims any, and all responsibility and liability with respect to such third-party products and services. For Doba Memberships purchased over the phone: YOU, THE BUYER, MAY CANCEL THIS CONTRACT AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THE TRANSACTION OR RECEIPT OF THE PRODUCT, WHICHEVER IS LATER. All requests must be in writing or email and must be postmarked or electronically date stamped within the cancellation period. All requests for cancellation must be sent via email to Customer Support or traditional mail to Doba’s headquarters: 3401 N Thanksgiving Way Suite 150 Lehi, UT 84043.
- Billing (for more information, please see Doba's Fees and Cancellations Policy)
Upon registering for your Membership and selecting an available Plan, your Payment Method will be charged an automatic recurring monthly, quarterly, or yearly subscription fee applicable to your selected Plan, any applicable tax, and any other charges you may incur in connection with your use of the Services (collectively, and as modified from time to time in the sole discretion of Doba, the “Subscription Fee”). The Subscription Fee is charged on a monthly, quarterly, or annual basis. The anniversary of the commencement of your Membership (or, if such date does not occur in a given month, the last day of the applicable month) automatically and without notice to you, unless and until either you terminate the automatic renewal or Doba terminates your Membership. You must cancel your Membership prior to the end of the then-current billing period to avoid being charged for the following billing period, and such amounts shall accrue regardless of the validity of your Payment Method. You can verify the date on which the next Subscription Fee will be charged at any time by clicking the “Billing Details” link in the “My Account” section within your Doba account.
ALL FEES AND CHARGES (INCLUDING SUBSCRIPTION FEES) ARE NON-REFUNDABLE. Doba reserves the right to modify Subscription Fees and any other fees and/or charges in effect, or add new fees and/or charges from time to time; provided that Doba will give you advance notice of these changes through email and/or post a notification to your Doba account. You are responsible for all taxes associated with your use of the Services and products purchased in connection therewith.
It is your responsibility to maintain a valid up-to-date payment method on file. payment methods may be updated at any time by clicking the “Change Payment Method” button in the “Pricing Plan” section within your Doba account. If any charge to your payment method fails, then (a) you grant Doba the right to re-attempt to process and bill your payment method for up to 180 days, and (b) you will be responsible to pay all fees and expenses (including collections fees) incurred by Doba in connection with obtaining payment in full for all accrued but unpaid amounts. Any amounts overdue by more than 30 days shall accrue interest from the initial date of nonpayment at a rate per annum equal to the lesser of five percent (5%) and the highest rate allowed under applicable law. Without limiting the foregoing, Doba may suspend or terminate your Membership and/or your Doba account at any time without notice in connection with non-payment of Subscription Fees or any other amounts due to Doba hereunder.
- Cancellations (for more information, please see Doba's Fees and Cancellations Policy)
You may cancel your free trial or your paid membership at any time (a) on the Doba website via your online cancellation button, (b) via email, chat or phone with customer support.
DOBA DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH PARTIAL-QUARTER OR YEAR SUBSCRIPTION PERIODS. Without limiting the foregoing, no refunds will be issued for the “Data Export” service.
Doba reserves the right to terminate your account for any or no reason with or without notice.
You are responsible for updating and maintaining the validity and accuracy of the information you provide to us through your account settings. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and devices. You may not share your account with other people by providing them with your password. However, if you decide to share your account with other people, you take full responsibility for their actions and liabilities that may arise therefrom. Users of public or shared computers log out of the Doba website at the end of each session.
If you discover that you are a victim of identity theft that is involved with an account on Doba, we urge you to notify customer support as soon as possible. You should also report identity theft to any and all of your credit card issuers, banks, as well as your local law enforcement agency.
Doba reserves the right to suspend and terminate your account at any time with or without notice if Doba believes that such an account is involved in fraudulent activity. You will not be entitled to any refund and/or other consideration in connection with the suspension of your account by Doba for any reason.
This section applies to you in your capacity as a purchaser of products from Suppliers (as defined below) using the Services, even if you are additionally a Supplier. Suppliers are subject to additional terms and conditions which are made available to them in connection with qualifying to offer products through the Services.
- Product and Venue Disclaimers
The Services include a venue or marketplace to connect you and other retailers with suppliers of wholesale and bulk products (each, a “Supplier”). Although each Supplier is an authorized distributor of the products it sells and is authorized to use the Services to market and sell such products, Doba does not represent and explicitly disclaims, that any and all products are suitable for resale by you or anyone else in any given circumstance or jurisdiction.
You are solely responsible to ascertain a particular product’s (a) suitability for resale under your particular circumstances, no matter the resale venue you use (e.g., “brick & mortar” stores, an online store, online auctions, etc.), (b) lawfulness in the jurisdiction in which you desire to resell such product, (c) manufacturer terms and conditions (including but not limited to, applicable warranties and/or limitations on liability), and (d) applicable manufacturer policies or Minimum Advertised Price (MAP) restrictions.
In addition, Doba may in its discretion, at any time and for any or no reason, impose corresponding penalties on any and all violations, and/or remove any product from the Services without notice to you or the applicable Supplier(s).
- Contacting Suppliers
Doba will provide you with certain identifying information about Suppliers, including a Supplier’s trade name and brand(s). Methods of contacting a supplier will be made available from within the Services. Notwithstanding the foregoing, Doba’s agreement with a Supplier may restrict Doba from allowing you to contact such a Supplier directly. In such cases, Doba will take reasonable steps to contact the Supplier with the requested information on your behalf.
Regardless of whether you are permitted to contact a Supplier, and in Doba’s sole discretion, your account may be suspended or terminated if you or anyone on your behalf contacts or attempts to contact a Supplier outside of the tools provided from within the Services, if any, and/or attempts to establish a direct relationship with a Suppliers outside of the Services.
- Product Pricing
Doba reserves the right to modify and adjust product prices at any time and from time to time without notice or liability, including but not limited to, correcting product pricing and/or typographical errors. You acknowledge that products pricing on Doba fluctuate as a result of the Supplier changing the products sale price and that Doba has no control over any Supplier’s pricing, shipping and handling charge policies, and other charges and fees, which may result in continual and unpredictable product pricing changes at any time.
- Product Descriptions and Specifications
You acknowledge that all product specifications and descriptions are provided solely by Suppliers and that Doba is not responsible for the accuracy of any or all information provided by Suppliers. Doba makes no warranty, expressed or implied, with respect to the accuracy of such information. In addition, due to size, volume of requests, and resource constraints “Data Exports” may not be current at all times and may be delayed and/or contain data that is older than what is displayed on Doba’s website.
Supplier products and manufacturer names are listed for identification purposes only and in no way represent an endorsement of the applicable Supplier by such manufacturer. It is your responsibility to ensure that a product’s information is correct, authentic, and aligns with the manufacturer’s official description and specifications. You further agree to report to Doba’s customer support team as soon as possible any incorrect and/or fraudulent product listings and identify the allegedly incorrect or fraudulent elements of such listings.
- Product Orders; Changes and Returns
When purchasing any product from a Supplier using the Services, you agree that you are responsible for reading the entire product listing and, by completing the product order process, entering into a binding contract to purchase such product from such Supplier. Doba is not responsible for losses or damages you may incur as a result of erroneous or misplaced product orders or typographical errors associated with any purchase or shipping information you enter within Doba. It is your sole responsibility to review and verify the accuracy of each order, including but not limited to, the item being purchased, item pricing, item shipping and/or handling costs, and any other applicable terms prior to submitting an order. The foregoing applies universally regardless of the method of order placement (e.g., single orders, batch orders, APIs).
Each Supplier determines its own return, replacement, and refund policies applicable to the products you purchase from such Supplier and may modify those policies at any time. You are responsible for reviewing and becoming familiar with each policy provided by the Supplier(s) prior to placing an order and agree to abide by such policies with respect to the applicable orders. Failure to comply with any such policy may result in a rejected and/or reduced return, replacement, or refund. You can view Doba Supplier’s policies at any time by clicking the “Supplier Info” link on the “Products” section of the Doba website.
All payment for orders will be made via your added payment method or by wire transfer; provided that Doba may limit or suspend wire transfers for orders over 2,000.00 US dollars or that Doba deems, in its sole and absolute discretion, to have high fraud risk.
Generally, once an order is placed, it cannot be modified or canceled. However, under certain circumstances and in the discretion of Doba and, if applicable, the Supplier may modify or cancel certain orders; provided that you contact customer support as soon as possible with a change or cancellation request. You can contact customer support by phone, email or chat. Doba is not responsible for any losses and/or damages you may incur as a result of any approved or denied order modification or change request.
- Shipping and Handling
Notwithstanding anything to the contrary, all product orders are eligible for shipment only within the continental United States, Alaska, and Hawaii. All orders must be placed with a residential or business shipping address (i.e., orders with P.O. Box, APO, or FPO shipping addresses will not be processed). Individual Suppliers may have additional shipping restrictions.
You are responsible to pay the shipping and/or handling fees for all products purchased through the Services, even if you refuse or return a shipment. Odd-sized or excessively heavy items may require custom shipping cost calculations, in which event you will be required to approve such custom shipping arrangements prior to any such order shipping. Doba is not responsible whatsoever for defective products, shipping errors, and/or damage to products in transit.
Regardless of whether product specifications on Doba’s website provide published shipping weight, such weights are for informational purposes only and are not to be used for estimating or calculating shipping costs or your financial obligation with respect thereto. Please refer to the “Ship Cost” amount located on the product page, and your “Shipping Cart” to determine the actual shipping costs.
- Product Warranty
Doba is not responsible for any warranties for products purchased through the Services; please refer to the warranty terms and conditions provided by the applicable product manufacturers and their respective agents. All product issues, claims, and questions concerning warranties should be submitted directly to the applicable manufacturer and/or, subject to these Terms, the Supplier through the use of the tools provided in the Services. AS BETWEEN DOBA AND YOU, THE PRODUCTS ARE PROVIDED “AS IS” AND DOBA DISCLAIMS ALL WARRANTIES WITH RESPECT THERETO, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
To the extent, a product is a health-related device and/or nutritional supplement, all listing information contained on the product webpage, including but not limited to, information relating to medical and health conditions, products, and treatments, is provided by the manufacturer and/or Supplier for informational purposes only and is not meant to be (a) a substitute for the advice of a qualified physician or other medical professional OR (b) be used for prescribing medication and/or diagnosing a health problem. Statements regarding dietary supplements have not been evaluated by the U.S. Food and Drug Administration and are not intended to diagnose, treat, cure, and/or prevent any disease or ailment.
Doba shall cooperate in the defense of any claim for which indemnity is sought under this Section. Although Supplier shall have control of the defense of any action brought above, Supplier agrees to comply with the following requirements in connection with the conduct of the defense of any claim in which Doba has been named a party: (a) Supplier shall choose defense counsel that is reasonably satisfactory to Doba, and (b) Supplier shall use reasonable efforts to keep Doba informed of any and all material information pertaining to a claim. Notwithstanding the above, the Supplier shall not enter and or agree to any settlement or compromise of a claim that would result in injunctive relief, financial liability, or the admission of liability by Doba without first obtaining Doba's prior written consent. If Doba determines that a separate counsel is more beneficial, Doba will be entitled to retain a separate counsel at Supplier's expense.
As a reseller, it is your responsibility to obtain payment or assurance of payment from your customers before ordering products through the Services. Doba strongly recommends obtaining proper address verification systems for credit card purchases from your customers and making sure all physical payments therefrom are deposited and cleared prior to placing any and all orders through the Services. As described above, Doba product orders may or may not be canceled and returns are subject to applicable charges and fees.
You agree to purchase products through the Services for resale in compliance with applicable law and all rules and regulations imposed by applicable product manufacturers. Without limiting the foregoing, some manufacturers may require strict adherence to rules relating to product advertising (including the use of a manufacturer’s intellectual property). As such, some products may only be advertised at a Minimum Advertised Price (MAP). For any and all products subject to MAP pricing restrictions, Doba will provide two prices on a product’s webpage: (a) Doba’s wholesale cost (the cost the retailer will pay when ordering the item) and (b) the Minimum Advertised Price (MAP). As a reseller, you agree to never, under any circumstances, advertise any and all products subject to MAP restrictions to any end consumers for less than the applicable MAP restriction. Products that include a MAP requirement will include an asterisk next to the MAP price of the item on Doba.
It is your responsibility to review and verify with the manufacturer a product’s information, images, and descriptions prior to marketing any and all products. Product images are subject to change at any time and are not to be construed as exact representations of any product.
Doba shall own and retain all rights, title, and interest in and to (a) the Services (including the Software), all improvements, enhancements, or modifications thereto, (b) any software, applications, inventions, or other technology developed as a result of or in connection with any support services, and (c) all intellectual property rights related to any of the foregoing. No title to or ownership of the Services, including, without limitation, any logos, designs, texts, graphics, pictures, data or content, software, platform, technologies, or any proprietary rights related to the Services, is transferred under or by virtue of these Terms. Doba reserves all rights in and to the service not expressly granted to you under these Terms. Further, these Terms do not authorize you to use any name, trademark, or logo of Doba. Doba reserves the right to terminate your Membership without any notice or liability to you if, in its sole and absolute discretion, Doba believes that you are in violation of this clause.
Without limiting the foregoing, reproductions, and/or alterations of product images, and/or descriptions may be used for marketing and reselling purposes only. You must receive written consent from Doba for any other use or any modification of product images, and/or any other copyrighted materials.
Any images of persons or personalities contained on the Doba website shall not be an indication of endorsement of any product within Doba or the Services unless explicitly stated otherwise.
You may not repackage, reproduce, or otherwise sell Doba Memberships, the Software, or any and all technology or data related thereto. Additionally, bulk downloading or “screen scraping” of data from Doba is prohibited without prior written permission from Doba. All violations of the foregoing will result in immediate termination of your Doba account without notice and, depending on the severity of such violation, Doba reserves the right to press any applicable criminal charges and/or seek civil compensation for damages, expenses, and/or lost revenue.
These Terms will remain in full force and effect while you use or are registered to use the Services (whether you maintain an active membership plan or not) and until terminated by either you or Doba. Termination includes permanent deletion of your registered account and ceasing to access the Doba website. You and Doba may terminate your account or direct access and these Terms at any time and for any reason or no reason at all, provided that you remain liable for all fees that accumulate in connection with your Membership and the Services.
All sections of these Terms which by their nature should survive termination will survive termination, including, without limitation, accumulated rights to payment, confidentiality obligations, warranty disclaimers, and/or limitations of liability.
Doba reserves the right to terminate your account or this agreement at any time. Doba may provide a 30-day termination notice to the email address you registered with Doba if applicable. Doba reserves the right to suspend or terminate your account or this agreement immediately if we determine that (a) you or your affiliate have materially breached the agreement and have failed to cure to Doba within 7 business days of a cure notice, unless your breach exposes us to liability toward a third-party, in which case we are entitled to reduce and/or waive, the aforementioned cure period at our reasonable discretion; (b) your account is, has been, or our controls identify that it may have been used for deceptive and/or fraudulent and/or illegal activity; (c) your use of the Services is harming, has harmed, or our controls identify that it may have or will harm other resellers, customers, or Doba’s interests.
Doba shall use commercially reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner that minimizes errors and interruptions in the Services. The Services may be temporarily unavailable for scheduled maintenance or unscheduled emergency maintenance, either by Doba, third-party providers, or because of any and all other causes beyond Doba’s reasonable control. Doba shall use commercially reasonable efforts to provide notice in advance to the user in writing or electronically sent to the email registered by the user with Doba of any scheduled service disruption. HOWEVER, DOBA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION THEREOF ARE PROVIDED “AS IS” AND DOBA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
You agree to indemnify and hold Doba, its directors, managers, officers, employees, equity holders, or any and all other representatives, harmless from any and all third-party claims arising out of your use of the Services and/or any other party accessing the Services through your account and/or your affiliate account. Including but not limited to, any liability and/or expenses arising from any and all claims, direct and/or indirect damages, lost profits, suits, judgments, litigation costs, or any and all attorneys’ fees.
DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DOBA SOFTWARE AND SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR GUARANTEES OF ANY KIND AND/OR NATURE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF APPLICABLE) IMPLIED WARRANTIES, DUTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY AND/OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND/OR OF LACK OF NEGLIGENCE, ANY AND ALL REGARD TO DOBA SOFTWARE AND SERVICE.
DOBA SOFTWARE DOES NOT CONTAIN ANY MALICIOUS CODE DESIGNED TO DESTROY YOUR DEVICE DATA OR TO OBTAIN ANY AND ALL PRIVATE INFORMATION. DOBA WILL ALSO DO ITS UTMOST TO ENSURE THE SAFE, PROMPT, EFFECTIVE, ACCURATE, RELIABLE AND CONTINUOUS OPERATION OF DOBA SOFTWARE AND SERVICE, BUT WITH THE LIMITATION OF THE EXISTING TECHNOLOGY, DOBA SOFTWARE AND RELATED SERVICE MAY BE AFFECTED BY VARIOUS UNSTABLE FACTORS, DOBA MAKES NO WARRANTIES OR REPRESENTATIONS THAT DOBA SOFTWARE IS COMPATIBLE WITH ANY AND ALL SOFTWARE/HARDWARE SYSTEMS, AND/OR IS ERROR-FREE, CAN OPERATE WITHOUT ANY INTERRUPTION AND/OR THAT ANY ERRORS IN DOBA SOFTWARE OR RELATED SERVICE CAN BE CORRECTED. IN CASE OF CIRCUMSTANCES SUCH AS INCOMPATIBILITY OR SOFTWARE MALFUNCTION, PLEASE CONTACT OUR CUSTOMER SUPPORT TEAM. IF THE COMPATIBILITY PROBLEM CANNOT BE SOLVED, YOU CAN DELETE THE DOBA SOFTWARE. WITHIN THE MAXIMUM SCOPE PERMITTED BY APPLICABLE LAWS, DOBA IS EXEMPT FROM ANY AND ALL OF YOUR LOSSES CAUSED HEREIN.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, DOBA AND ITS DIRECTORS, MANAGERS, OFFICERS, EQUITY HOLDERS AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE AND/OR LIABLE WITH RESPECT TO ANY AND ALL SUBJECT MATTERS OF THESE TERMS OR OTHER TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY AND/OR OTHER THEORY INCLUDING BUT NOT LIMITED TO: (A) ERROR OR INTERRUPTION OF USE, LOSS AND/OR INACCURACY AND/OR CORRUPTION OF DATA AND/OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES AND/OR TECHNOLOGY, OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES; (C) ANY MATTER BEYOND DOBA’S REASONABLE CONTROL; OR (D) FOR ANY AND ALL AMOUNTS THAT TOGETHER WITH APPLICBLE AMOUNTS ASSOCIATED WITH ANY AND ALL OTHER CLAIMS, EXCEED THE FEES PAID BY YOU TO DOBA FOR THE SERVICES UNDER THESE TERMS IN THE 12 MONTHS PRIOR TO THE OCCURRENCE THAT ALLEGEDLY GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT DOBA HAS BEEN ADVISED OF THE POSSIBILITY OF ANY AND ALL APPLICABLE DAMAGES.
Communications to users from Doba may be by electronic means. You hereby consent to receive communications from Doba in electronic form and agree that any and all terms and conditions, agreements, notices, disclosures, and/or other communications that Doba provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing, excluding any non-waivable rights.
The Services may include certain communication to the user from Doba, such as service announcements, administrative messages, and/or newsletters. You may be prompted to opt into some and/or all communication types upon registering for a Membership. After you have opted into Doba’s communication types, you may opt out of receiving any/and all communications at any time. However, Doba’s service announcements and/or administrative messages are not eligible to be opted out of and are required to be sent to any active registered account with Doba. If you wish to discontinue these announcements and/or messages, your Doba account is required to be permanently deleted by either you or Doba.
If you have any questions about our website, the Services, and/or these Terms, you may contact our customer support team by phone, chat or email, or you may mail a letter to our Doba headquarters: 3300 N Triumph Blvd #G40 Lehi, UT 84043, USA, Attn: Customer Support.
- Fraud Protection
To the extent you maintain a valid Membership, you are eligible for dropshipping fraud protection. The terms and conditions of which are subject to change at any time.
- Your Relationship with Doba
You, as a reseller of products purchased through the Services, are an independent contractor of Doba and are not considered an employee of Doba for any reason whatsoever. You are prohibited from making any unauthorized representations, warranties, or claims on behalf of Doba, a Supplier, a product manufacturer, or that are otherwise illegal in your applicable jurisdiction. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any or all authority of any and all kind to bind Doba in any respect for any reason whatsoever.
Additionally, you understand and agree that you are absolutely your own independent person and/or an entirely separate entity from Doba. You are responsible to pay all accumulated taxes to state, federal, and/or local authorities in accordance with any and all applicable laws to yourself and/or your online business. This tax responsibility includes but is not limited to: collecting, and remitting all appropriate sales taxes to state and local authorities.
- Resale and Tax Compliance
As a reseller of products purchased through the Services, you agree and confirm that you have successfully obtained any and all appropriate Supplier's permit(s) and that all purchases made within your account are for the purpose of resale for profit either online (including any stand-alone websites, third-party online trading platforms, etc) or offline, and are not to use whatsoever, for any reason in your own business operation.
Scope of products which you may resell: Subject to your purchase orders placed on this website.
You will resell the item(s) that you are listing to third-party marketplaces and/or stand-alone websites and purchasing on Doba.com in the form of tangible personal property in the regular course of your business operations, and you will do so prior to making any and all use of the item(s) other than demonstration and display while warehousing the item(s) for sale in the regular course of your business. You understand that if for any reason, whatsoever you use the item(s) purchased on Doba.com in any manner other than for resale you may be subject to owe use tax to a tax jurisdiction based on each item's purchase price and/or as otherwise provided by law.
If you violate the above agreement to evade the tax liability, any related liability incurred will be solely your legal responsibility to pay. You will be fully liable to pay for any and all losses caused to the Doba, provider, and/or Supplier.
You understand that all information provided by Doba must be used only in accordance with its specified purpose. Furthermore, you agree to not provide any confidential or proprietary information received from Doba to any business entity that may compete with Doba for any reason whatsoever. Any and all violations of confidentiality will result in the immediate termination of your Membership permanently, and you will be liable for any and all damages arising therefrom. Doba reserves the right to enforce this confidentiality provision by injunction, specific performance, and/or other equitable relief, without bond, without prejudice to any other and all rights and/or remedies that Doba may have for a breach hereof.
- Service Testing
From time to time, Doba tests various aspects of the Services and new features and reserves the right to include you in these tests without notice.
- Governing Law; Venue
If you are a user based in the US: These Terms and/or any dispute and/or claim arising out of and/or related to these Terms, its subject matter or its formation (in each case, including non-contractual disputes and/or claims) shall be governed by and construed in accordance with the laws of the State of Utah, without giving effect to any choice or conflict of law provision and/or rule. Any and all legal suits, actions, and/or proceedings that arise out of and/or related to these Terms or the Services shall be instituted exclusively in the federal or state courts located in Salt Lake City, Utah, and you further agree that such courts shall have personal jurisdiction and venue with respect to you. You hereby submit to the jurisdiction and venue of such courts and waive any and all objections. YOU HEREBY IRREVOCABLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY CLAIM ARISING OUT OF OR RELATING TO THE SUBJECT MATTER HEREOF. ADDITIONALLY, BOTH YOU AND DOBA AGREE THAT EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER PARTY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
If you are a user based in China: Any or all disputes arising from the performance of this agreement will be resolved by the parties through friendly negotiation. If such negotiation fails, the disputes will be submitted to China International Economic and Trade Arbitration Commission, Jiangsu Arbitration Center for arbitration, and shall be governed by the laws of the People’s Republic of China. BOTH YOU AND DOBA AGREE THAT EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER PARTY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
- General Provisions
Headings. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.
Severability. If any provision of these Terms is found to be unenforceable and/or invalid, that provision will be limited and/or eliminated to the minimum extent necessary so that these Terms will otherwise remain in enforceable full force and effect.
Entire Agreement. These Terms are the complete and/all exclusive statement of the mutual understanding of the parties and supersede and/or cancel all previous written and/or oral agreements, communications, and/or other understandings relating to the subject matter of these Terms.
Assignment. These Terms are not assignable, transferable, or sublicensable by you except with Doba’s prior written consent. Doba may transfer and assign any of its rights and obligations under these Terms without consent.
No Waiver. Our failure to insist upon or to enforce any/and all provisions of these Terms shall not be construed as a waiver of any provision or right for any reason whatsoever.
Security. Doba does not guarantee that our Services will be secure or free from bugs or viruses. You yourself are responsible for configuring your information technology, computer programs, and/or platform to access our Services. It is recommended that you use your own virus protection software.
Agency. No agency, partnership, joint venture, and/or employment relationship is created due to these Terms and neither party has any authority of any kind to bind the other in any respect for any reason whatsoever.
Notices. Unless otherwise explicitly stated in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent through certified or registered mail; delivery confirmation will be requested when the stated delivery is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
While www.doba.com and any or all of their dependent pages contain far too much information to be quoted in their entirety in these Terms, you are solely responsible for reading and understanding all applicable information contained on any Doba page. Doba is not for any reason responsible for any/all inconvenience, loss of profit, and/or other complications that you, your business, and/or customers may experience as a result of your failure to read and understand any and all information on the Doba website.
Please note, return shipments sent to the Doba’s office address will be refused, disposed of, and or ineligible for a refund. For proper handling of returns, you are required to follow the proper return/refund policies on the order management page within your account.
If you have any questions or concerns about Doba’s services, features, websites, and/or app, and/or these Terms, you may contact Doba’s customer support team via email, phone, or chat. You can also send mail via postal carrier to our headquarters: Doba, Inc. Attn: Customer Support 3300 N Triumph Blvd #G40 Lehi, UT 84043, USA