DB Custom Garage, LLC
Effective February 18, 2018
Eligibility to Use the Services
Users under 18 years of age are not eligible to use the Services without consent. Users between the ages of 13 and 17, can use the Services with the consent and supervision of a parent or legal guardian who is at least 18 years old, provided such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for such use of the Services. Users suspended from using the Services are not eligible to use the Services. DB Custom Garage reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any Campaign, Contribution, or the Services at any time for any reason without liability.
DB Custom Garage blogs and social media accounts are not a place for hatred, abuse, discrimination, disrespect, profanity, meanness, harassment, or spam. Do not:
- use the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
- post images or videos that are sexually explicit or post links to sites that contain sexually explicit material or show people or animals being hurt or degraded;
- spam the comments sections or other Users with offers of goods and services or inappropriate messages;
- engage in any activity that interferes with or disrupts the proper working of the Services or any activities conducted on the Services; or
- take any action that imposes, in DB Custom Garage’s sole discretion, an unreasonable load on DB Custom Garage’s infrastructure.
- represent products created by others as your own creation, or act as a reseller of other’s products.
All information submitted in connection with a User account on the Services (each, a “User Account”) must be accurate and truthful. Users agree to notify DB Custom Garage immediately if their User Account has been used without authorization or there has been any other breach of security of the User Account. Each User also agrees to provide additional information DB Custom Garage may reasonably request and to answer truthfully and completely any questions DB Custom Garage might ask you in order to verify such User’s identity.
License to Users
DB Custom Garage grants each User a limited, non-exclusive, non-transferable, revocable license to use the Services subject to such User’s eligibility and continued compliance with the Terms.
Third-Party Websites, Advertisers or Services
Each User agrees to defend, indemnify and hold harmless DB Custom Garage, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to use of the Services, breach of these Terms or violation of any laws. DB Custom Garage may assume the exclusive defense and control of any matter for which Users have agreed to indemnify DB Custom Garage and each User agrees to assist and cooperate with DB Custom Garage in the defense or settlement of any such matters.
DB Custom Garage has no fiduciary duty to any User. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICES IS AT USER’S OWN RISK.
Limitation of Liability
DB CUSTOM GARAGE (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES PAID TO DB CUSTOM GARAGE FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DB CUSTOM GARAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For jurisdictions that do not allow DB Custom Garage to limit its liability: Notwithstanding any provision of the Terms, for Users in a jurisdiction that has provisions specific to waiver or liability that conflict with the foregoing, then DB Custom Garage’s liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, DB Custom Garage does not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by any User, but may be assigned by DB Custom Garage without restriction or consent.
Termination may result in the forfeiture and destruction of all information associated with any User Account. Users may terminate their User Account by following the instructions on the Services, but DB Custom Garage may retain the User Account information after termination in accordance with regulatory, accounting, and legal compliance procedures. All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Users agree that: (a) the Services shall be deemed solely based in New Jersey (the principal place of business and corporate headquarters of DB Custom Garage); and (b) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over DB Custom Garage, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the laws of the State of New Jersey, without respect to its conflict of laws principles.
DB Custom Garage and User agree that any and all disputes or claims shall be resolved exclusively through final and binding arbitration, rather than in court, except that a User at its election may assert claims in small claims court, if the User’s claims otherwise qualify for adjudication in that court. DB Custom Garage and User manifest their assent to arbitrate by providing and using the Services. Arbitrable claims are those that DB Custom Garage asserts against User, and that User asserts against DB Custom Garage, any related or affiliated entity, and the officers, directors, agents or employees of any of them. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. If for any reason the FAA is inapplicable, the law of arbitrability of the state of User’s principal place of business shall apply. To the maximum extent permitted by law, the Parties agree to arbitrate claims on an individual basis only, and they waive any right to bring, participate in, or recover under, a class, collective, consolidated or representative action. The arbitrator shall apply the Terms and the same substantive law to the dispute as a court would, and the same law of remedies. To begin an arbitration proceeding against DB Custom Garage or a related party, a User must send a letter requesting arbitration and describing the claim to DB Custom Garage’s registered agent,
DB Custom Garage, LLC Registered Agent
c/o LegalZoom.com, Inc.
101 North Brand Blvd., 11th Floor
Glendale, CA 91203
The arbitration will be conducted by the American Arbitration Association (AAA) under the rules applicable to the claim asserted, including but not limited to the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. DB Custom Garage will supply a printed copy of the rules upon a User’s request. Payment and reimbursement of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Except as otherwise provided by law or the AAA’s rules, the prevailing party in any arbitration will be entitled to receive from the nonprevailing party all of its reasonable attorneys’ fees and costs.
Campaign Owners and other Users should be aware that many states impose charitable fund solicitation laws to guide direct or indirect fund solicitation activities in those states. While provisions vary state to state, these state laws typically include registration and reporting requirements. DB Custom Garage merely provides a technology platform to allow Campaign Owners to connect with Contributors. Users who access or use the Services do so at their own volition and are entirely responsible for compliance with applicable law.
DB Custom Garage makes no representations, warranties or other assertions as to the potential tax deductible status of any Contribution by a Contributor to a charitable cause or to a Campaign whose purported recipient is a recognized 501(c)(3) or other tax -advantaged organization under the Internal Revenue Code. The listing of an organization via the Services does not necessarily mean that the organization has been deemed— or remains currently deemed—a charitable or tax-advantaged organization by the Internal Revenue Service.
In the event of a conflict between these the English language version of the Terms and any foreign language translation versions thereof, the English language version of the Terms shall govern and control. All disputes, claims and causes of action (and related proceedings) will be communicated in English. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the U.S.
Users agree to comply with all laws, restrictions and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act (“Export Laws“), each User states that such User is: (a) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control (“OFAC“) comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals listed by OFAC as updated from time to time and (b) not otherwise prohibited under the Export Laws from receiving such products and information. Funds may be frozen and/or turned over to the applicable governmental enforcement agency if a Campaign is deemed to be in violation of Export Laws.
Cooperation with Authorities and Police Enforcement
We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services when requested.
Users agree DB Custom Garage may provide notifications to such User via email, written or hard copy notice, or through conspicuous posting of such notice on our website. Users may opt out of certain means of notification or to receive certain notifications.
Unsolicited Idea Submissions
We are always pleased to hear from our Users, and welcome their comments or suggestions. However, products, services, and features developed by DB Custom Garage or its Users might be similar or even identical to a submission received by DB Custom Garage or its Users. When we refer to a “submission” in this paragraph, we mean: any submission, comment, or suggestion (including, but not limited to, ideas, products, or services and suggested changes) made either on the DB Custom Garage platform or to DB Custom Garage about an existing product or service on, or a feature of, or a proposed addition to, the DB Custom Garage platform.
With regard to User submissions:
(1) all such submissions are non-confidential and non-proprietary and will be treated as non-confidential and non-proprietary;
(2) DB Custom Garage and its Users will have no express or implied obligation or liability of any kind concerning the submissions, including, for example, any use or disclosure of the submissions; and,
(3) DB Custom Garage and its Users are entitled to unrestricted use or disclosure of the submissions for any purpose whatsoever, all without compensation to the User that submitted the submission.
These Terms are the entire agreement between each User and DB Custom Garage regarding its subject matter. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. DB Custom Garage’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Changes to Terms
DB Custom Garage may alter the Terms at any time, so please review them frequently. If a material change is made, DB Custom Garage may notify Users in the Services, by email, by means of a notice on the Services, or other places we think appropriate. A “material change” will be determined at DB Custom Garage’s sole discretion, in good faith, and using common sense and reasonable judgment.
If any User believes that its copyrighted work has been copied in a way that constitutes copyright infringement under the Digital Millennium Copyright Act of 1998 (the “DMCA“) or that any User Content infringes such User’s intellectual property rights and is accessible the Services, please notify DB Custom Garage’s Legal Department at email@example.com. “Infringement” means the unauthorized or not permitted use of copyrighted material or other intellectual property rights. For such complaint to be valid, the User (the “Complainant“) must provide the following information in writing (the “Notice of Infringement“):
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit DB Custom Garage to locate the material.
- information reasonably sufficient to permit DB Custom Garage to contact the Complainant, such as an address, telephone number, and, if available, an electronic mail address at which the Complainant may be contacted.
- a statement that the Complainant has a good faith belief that use of the material in the manner complained of is not authorized by the Complainant, its agent, or the law.
- a statement that the information in the notification is accurate, and under penalty of perjury, that the Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above information must be submitted to the DB Custom Garage DMCA agent (the “DMCA Agent“) by mail and email to the following addresses:
DB Custom Garage, LLC
Attention: DMCA agent
30 Knightsbridge Road
Piscataway, NJ 08854
If any User (the “Respondent“) believes that its material has been removed or disabled by mistake or misidentification, such Respondent may file a written counter-notice (the “Counter Notice”) with the DMCA Agent, including the following information within five business days from receipt of the Notice of Infringement:
- a physical or electronic signature of the Respondent;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement made under penalty of perjury that the Respondent has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- the name, address, and telephone number of the Respondent, and a statement that the Respondent consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the Respondent’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the Respondent will accept service of process from the Complainant or an agent of the Complainant.
Upon receipt of the Counter-Notice by the DMCA Agent, a copy of the Counter-Notice may be sent to the Complainant informing the Complainant that DB Custom Garage, at its discretion, may replace the removed material or cease disabling it in not less than ten, nor more than 14, business days following receipt of the Counter-Notice, unless the DMCA Agent receives written notice from the Complainant that the Complainant has filed an action seeking a court order to restrain the Respondent from engaging in infringing activity relating to the unauthorized use of the material on the Service.
DB CUSTOM GARAGE WILL TAKE NO ACTION UPON ANY FAILURE TO PROVIDE THE INFORMATION OR OTHERWISE FOLLOW THE PROCESS OUTLINED ABOVE.
In accordance with the DMCA and other applicable laws, DB Custom Garage has adopted a policy of terminating, in appropriate circumstances and at DB Custom Garage’s sole discretion, repeat infringers.
All subpoenas must be properly served on DB Custom Garage, preferably by mailing the subpoena to Corporation Service Company, our nation registered agent. Please find below the California address for Corporation Service Company:
DB Custom Garage, LLC
30 Knightsbridge Road
Piscataway, NJ 08854
DB Custom Garage does not accept service via e-mail or fax and will not respond subpoenas delivered by email or fax.
DB Custom Garage, LLC
30 Knightsbridge Road
Piscataway, NJ 08854