Welcome to The DBC Industry Calendar website service and platform (collectively, the “Service”). This Service is maintained and operated by The DBC Industry Calendar. References herein and throughout the Service to “Company”, “we”, “our” or “us” refer to The DBC Industry Calendar.

Your access and use of the Service is subject to the following terms (the “Terms of Service”) and all applicable laws. By accessing or using any part of the Service, you accept, without limitation or qualification, these Terms of Service. If you do not agree with all of these Terms of Service, you may not use any portion of the Service.

THESE TERMS OF SERVICE GOVERN HOW ANY DISPUTES BETWEEN US WILL BE RESOLVED. SPECIFICALLY, THESE TERMS OF SERVICE CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRE US TO ARBITRATE INSTEAD OF GOING TO COURT, AND REQUIRE THAT ALL CLAIMS BE BROUGHT INDIVIDUALLY, NOT AS A CLASS REPRESENTATIVE OR CLASS MEMBER. SEE BELOW, FOR MORE DETAILS

ACCESSIBILITY -- IF YOU ARE HAVING ANY TROUBLE ACCESSING THE SERVICE, PLEASE CONTACT US TOLL FREE AT 1.833 – 322 - 4225, MONDAY – FRIDAY, 9AM – 5PM OR VIA OUR CONTACT US info@dbcical.com.

1. 1. Authorized Use of Service: This Service is provided for your personal use. Any other use of the Service requires the prior written consent of Company.
      
      
   2. Unauthorized Use of Service: You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Service or any other user's use of the Service, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Service, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Service. You may not frame portions of the Service within another website or application. You may not resell use of, or access to, the Service to any third party without our prior written consent.
      
      
   3. Beta Features: From time to time, Company may add new features to the Service that are described as “beta” (“Beta Features”). You acknowledge that Beta Features may be untested, non-functional, and/or partly functional features of the Services. If you elect to use a Beta Feature, you do so at your own risk. Notwithstanding anything else in these Terms of Service to the contrary, Company does not make any warranties or representations with respect to such Beta Features and does not warrant that the Beta Features will be provided with due care. Do not rely on the Beta Features for any purpose whatsoever. Beta Features may harm and/or interrupt the regular running of your software and/or hardware. Beta Features will be considered part of the Service and all provisions of these Terms of Service relating to the Service will apply to the Beta Features.
      
      
   4. Registration and Passwords:
      1. In order to access certain portions of the Service, you may be required to become a subscriber. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any username or passwords provided should be safeguarded at all times. You are responsible for the security of your username and passwords and will be solely liable for any use or unauthorized use under such username or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.
      2. If you subscribe to the Service, you will choose one of three subscription plans as set forth on the Service.
         
         
   5. Fees.
      1. Pricing. The prices charged by Company will be those listed on the Service at the time of your subscription. You agree to pay Company for all charges at the prices then in effect, and you authorize Stripe, the Company’s designated payment processor to charge your payment provider for any such purchases. All payments are to be made in United States Dollars. Posted prices do not include sales tax, which will be charged to you when applicable. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested payment. Company disclaims any liability for damages or losses relating to any loss of profits or loss of commission as a result of business transactions not concluded due to price increases.
         
         
      2. General Ordering and Billing Conditions. You agree to accept responsibility for all purchases and other activities that occur under your name and/or account. . Only major credit cards are eligible for billing.
         
         
      3. Cancellation; Refunds. All subscriptions are non-cancellable and non-refundable for the selected term. If you purchase advertising on the Service, you may cancel such advertisements 60 days or more prior to the campaign date, otherwise, such fees are non-cancellable and non-refundable.
         
         
   6. Corrections; Incorrect Information: We attempt to be as accurate as possible and eliminate errors on the Service, however, we do not warrant that any information is accurate, complete, reliable, current, or error-free. For example, if a provider lists the incorrect dates or location for their event, the Service will reflect that incorrect information. We do not independently verify information provided to the Service by a third party. Company may revise, discontinue or modify the Service at any time without prior notice to users. In the event of an error, whether on the Service or otherwise, we reserve the right to correct such error and otherwise change or update the information on the Service at any time without notice.
      
      
   7. Proprietary Rights: Company is the owner of or otherwise licensed to use all parts of the Service, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Service belong to third parties who have authorized Company to display the materials, such as logos and trademarks and other proprietary materials. By using the Service, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms of Service, no license is granted to you and no rights are conveyed by virtue of accessing or using the Service. All rights not granted under these Terms of Service are reserved by Company.
      
      
   8. Comments or Materials Posted by You: Certain pages on the Service may allow you to post information on events and other content (“Content”). Unless otherwise specified, you may only post Content to the Service if you are eighteen (18) years of age or older . You may only post Content that you have permission to post. You may be required to provide proof of such permission to Company. You may not post or distribute Content that is illegal or that violates these Terms of Service. By posting or distributing Content to the Service, you represent and warrant that (a) you have all the rights to the Content or are authorized to use and distribute the Content to the Service and (b) the Content does not and will not infringe any copyright, right of publicity, or any other third-party right nor violate any law or regulation.
      
      By submitting or posting Content to the Service, you grant Company the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this Content in any medium. Once you submit or post Content to the Service, Company does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses. Company owns all right, title, and interest in any compilation, collective work, or other derivative work created by Company using or incorporating Content posted to the Services. You are solely responsible for anything you may post on the Service and the consequences of posting anything on the Service.
      
      
   9. Activities Prohibited by Service: Company expects all of its users to be respectful of other people. The following is a partial list of the types of conduct that are illegal or prohibited on the Service or while using the Service. Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, engages in any of the prohibited activities. Without limitation, you agree that you will not post or transmit to the Service or to other users anything that contains Content that:

      • is defamatory, abusive, obscene, profane or offensive;

      • infringes or violates another party's intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service);

      • violates any party’s right of publicity or right of privacy;

      • is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

      • promotes or encourages violence;

      • is inaccurate, false or misleading in any way, or constitutes impersonation of another person;

      • is illegal or promotes any illegal activities;

      • promotes illegal or unauthorized copying of another person's copyrighted work or links to them or providing information to circumvent security measures;

      • contains “masked” profanity (i.e., F*@&#);

      • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or

      • contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
        Company is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion. Company will make all determinations as to what Content is appropriate in its sole discretion. Company may edit or remove any Content at any time without notice.
        
        

   10. No Ideas Accepted: Company does not accept any unsolicited ideas from outside the Company including without limitation suggestions about advertising or promotion. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Service, you understand and acknowledge that such idea is not submitted in confidence and Company assumes no obligation, expressed or implied, by considering it. You further understand that Company shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to Company. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant Company an irrevocable, perpetual, world-wide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.
       
       
   11. Links; Third Party Transactions: This Service may contain links to other websites or applications not maintained by Company. Other websites or apps may also reference or link to our Service. We encourage you to be aware when you leave our Service and to read the terms and conditions and privacy statements of each and every website or app that you visit. We are not responsible for the practices or the content of such other websites or apps. Through your use of the Service, you may have the opportunity to engage in commercial or other transactions with other users, vendors and other third parties. You acknowledge that all transactions relating to any services offered by any third party are agreed to solely between the third party and you, and that you will look solely to such third party to enforce any of your rights. In the event of any problem with the services that you have acquired from a third party you agree that you will address such issues with the third party but all limitations of liability and other rights of Company shall apply nonetheless.
       
       
   12. Other Sources of Terms of Service; Promotions and Coupons. Certain provisions of these Terms of Service may be superseded by expressly designated legal notices, rules or other terms located on particular pages of the Service, including on any checkout page. In order to participate in or use certain services, promotions, discounts or coupons that may be run from time to time with respect to the Service ("Offer(s)"), you may be required to agree to additional or different terms and conditions ("Additional Terms"). Certain programs and/or other benefits may be modified or not available in connection with an Offer. Your acceptance or redemption of any Offer constitutes your unconditional acceptance of the Additional Terms. If there is an actual conflict between these Terms of Service and any Additional Terms, the Additional Terms shall control and the non-conflicting provisions in these Terms of Service will continue to apply. For the sake of clarity, silence with respect to a particular term in either these Terms of Service or any Additional Terms does not constitute a conflict.
       
       
   13. No Warranties: WHILE COMPANY USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE SERVICE, COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS. COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SERVICE. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS" AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL COMPANY BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, AND/OR ANY OTHER DAMAGES RESULTING YOUR USE OF THE SERVICE, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
       
       If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the amount paid by you, if any, for accessing this Service during the prior 12 months.
       
       
   14. Waiver By California Residents: IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, 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." 
       
       
   15. Changes: All information posted on the Service is subject to change without notice. In addition, these Terms of Service may be changed at any time without prior notice. We will make such changes by posting them on the Service. You should check the Service for such changes frequently. Your continued access of the Service after such changes conclusively demonstrates your acceptance of those changes.
       
       
   16. Indemnification: You agree to indemnify, defend and hold harmless Company, its employees, directors, officers, agents, business partners, affiliates, contractors, partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any use of the content on this Service or breach by you of any of these Terms of Service or applicable law.
       
       
   17. Severability. If any part of these Terms of Service shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Service, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
       
       
   18. Waiver; Remedies: The failure of Company to partially or fully exercise any rights or the waiver of Company of any breach of these Terms of Service by you shall not prevent a subsequent exercise of such right by Company or be deemed a waiver by Company of any subsequent breach by you of the same or any other term of these Terms of Service. The rights and remedies of Company under these Terms of Service and any other applicable agreement between you and Company shall be cumulative, and the exercise of any such right or remedy shall not limit Company's right to exercise any other right or remedy.
       
       
   19. Digital Millennium Copyright Act ("DMCA") Notice: Materials may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, scan content posted on the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Service.
       
       If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at a minimum contains:
       
       

       (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

       (ii) 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;

       (iii) 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 us to locate the material;

       (iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

       (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

       (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
       
       All DMCA notices should be sent to our designated agent as follows:

       Contact person: Bill Daddi

       Contact email address: info@dbcical.com

       It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
       
       

   20. International Access: Our Service is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Service. We make no representations regarding the legality of this Service in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
       
       

   21. Governing Law & Dispute Resolution:

       1. The laws of the State of New York shall govern these Terms of Service. While we will make reasonable efforts to resolve any disagreements you may have with Company, if these efforts fail you agree that all claims, disputes or controversies between you and the Company arising out of these Terms of Service, or the use of the Services (“Claims”) shall be exclusively submitted to binding arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. In arbitration, as with a court, the arbitrator must honor the terms of these official rules and can award the prevailing party damages and other relief, and the parties have the right to be represented by counsel of their choice. In arbitration, however,
          (i) there is no judge or jury
          (ii) the proceedings and outcome are generally subject to certain confidentiality rules,
          (iii) the discovery process is limited, and
          (iv) a court’s review of the arbitrator’s ruling is extremely limited.
          
          
       2. The party filing arbitration must submit Claims to the American Arbitration Association (“AAA”) and follow its rules and procedures for initiating and pursuing arbitration. Any in-person hearing in the arbitration will be held in the same city as the U.S. District Court closest to your then-current residential address, or at some other place to which you and Company agree in writing. The arbitrator shall apply New York law consistent with the Federal Arbitration Act. You may obtain copies of the current AAA Rules, and forms and instructions for initiating arbitration, by contacting the AAA at 800-778-7879, or by visiting the AAA’s website at www.adr.org.
          
          
       3. A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the AAA rules. The arbitration will follow the AAA’s then-current Consumer Arbitration Rules (the “AAA Rules”), unless those AAA Rules are inconsistent with these Terms of Service, in which case these Terms of Service govern. The payment of all AAA and arbitrator fees and costs will be in accordance with the AAA Rules. Subject to those AAA Rules, each party to the arbitration will bear the expense of its own attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but the prevailing party in the arbitration may recover any or all costs or expenses from the other party if the arbitrator, applying applicable law and the AAA Rules, so determines. The arbitrator’s award is final and binding on the parties.
          
          
       4. The foregoing notwithstanding, both parties retain the right to seek relief in small claims court for any dispute or claim falling within the scope of such court’s jurisdiction.
          
          
       5. Class Action Waiver: YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, “PRIVATE ATTORNEY GENERAL” ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.
          
          
       6. If, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to these Terms of Service holds that this class action waiver provision is unenforceable as to any Claim you have brought, then our agreement to arbitrate will not apply, and your Claim must be brought exclusively in court in New York County, New York.
          
          
   22. Questions: Should you have any questions regarding these Terms of Service you may contact us at info@dbcical.com.