Please read these Terms of Service ("Terms") carefully before accessing or utilizing the website operated by DBek Capital ("Company", "we", "us", or "our"). The website, available at dbekcapital.com, and any services offered are provided under these Terms. You agree to comply with these Terms by accessing and using our Service. These Terms apply to all visitors, users, and anyone who accesses or uses the Service. If you disagree with any portion of these Terms, you must refrain from accessing or using our Service.
1. Acceptance Of Terms
By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. Should you disagree with any part of these Terms, you do not have our permission to access or use the Service, and you must cease doing so immediately.
2. Communications
When you create an account on our Service, you consent to receive newsletters, marketing materials, promotional content, and other forms of communication from us and our partners. However, you can opt out of receiving any or all of these communications by following the unsubscribe link or instructions in any email we send.
3. Privacy Policy
Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. You consent to the data practices described in our Privacy Policy by using the Service. Please review our Privacy Policy carefully.
4. Content
Our Service may allow you to post, link, store, share, and make available various forms of content, such as information, text, graphics, videos, or other material ("Content"). You are solely responsible for the Content you post on or through the Service, including its legality, reliability, and appropriateness. By posting Content on or through the Service, you affirm and warrant that:
- The Content is your original work (i.e., you own it), and/or you possess the rights to use it, granting us the rights and licenses provided in these Terms.
- Posting your Content on or through the Service does not violate any person or entity's privacy rights, publicity rights, copyrights, contract rights, or any other rights.
- You will not post any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, racially, ethnically, or otherwise objectionable.
We reserve the right to terminate accounts of users found infringing on copyrights. While you retain ownership of any Content you submit, post, or display on or through the Service, you are responsible for protecting your rights to that Content. We do not assume any responsibility for Content posted by you or any third party on or through the Service.
By posting Content using the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. DBek Capital reserves the right, but not the obligation, to monitor and edit all Content users provide. Content available on or through this Service is the property of DBek Capital or used with permission. You are not permitted to distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or personal gain, without our express prior written permission.
5. Accounts
When you create an account with us, you warrant that you are at least 18 years of age and that the information you provide is accurate, complete, and up-to-date. Providing inaccurate, incomplete, or outdated information may immediately terminate your account on the Service. You are responsible for maintaining the confidentiality of your account and password, including restricting access to your computer or account. You agree to accept responsibility for any activities or actions under your account or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any security breach or unauthorized use of your account.
You are prohibited from using as a username the name of another person or entity that is not lawfully available for use, a name or trademark subject to any rights of another person or entity without proper authorization, or a name that is offensive, vulgar, or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
6. Fees & Payments
Certain aspects of the Service may be subject to fees or charges. You agree to pay all fees specified on the Service when they are due. All payments must be made in U.S. dollars unless otherwise specified. We reserve the right to change our pricing and payment terms at any time, with or without notice to you.
7. Refunds & Cancellations
All sales are final, and no refunds will be issued unless expressly stated otherwise. We reserve the right to issue refunds or credits at our sole discretion. If you believe there has been an error with a payment, please contact us immediately.
8. Intellectual Property
The Service and its original content (excluding Content provided by users), features, and functionality remain the exclusive property of DBek Capital and its licensors. The Service is protected by copyright, trademark, and other laws in the United States and internationally. Our trademarks and trade dress may not be used with any product or service without our prior written consent.
9. Links To Other Websites
Our Service may contain links to third-party websites or services not owned or controlled by DBek Capital. We have no control over and assume no responsibility for any third-party websites or services' content, privacy policies, or practices. We do not endorse or warrant the offerings of any of these entities, individuals, or their websites. You acknowledge and agree that DBek Capital shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services you visit.
10. Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including but not limited to a breach of these Terms. You may discontinue using the Service if you wish to terminate your account. Upon termination, your right to use the Service will cease immediately. All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. Indemnification
You agree to defend, indemnify, and hold harmless DBek Capital, its licensees, licensors, and their employees, contractors, agents, officers, and directors from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from or related to:
- Your use and access of the Service by you or any person using your account and password;
- A breach of these Terms; or
- Content posted on the Service.
12. Limitation Of Liability
In no event shall DBek Capital, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, arising from:
- Your access to or use of or inability to access or use the Service;
- Any conduct or content of any third party on the Service;
- Any content obtained from the Service; or
- Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
13. Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. DBek Capital, its subsidiaries, affiliates, and its licensors do not warrant that:
- The Service will function uninterrupted, secure, or available at any particular time or location;
- Any errors or defects will be corrected;
- The Service is free of viruses or other harmful components; or
- The results of using the Service will meet your requirements.
14. Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations set forth may not apply to you.
15. Governing Law
These Terms shall be governed and construed following the laws of the State of California, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held invalid or unenforceable by a court, the remaining provisions will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements regarding the Service.
16. Changes To Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice before any new terms take effect. What constitutes a material change will be determined at our sole discretion
17. Contact Us
If you have any questions about these Terms, please contact us at (888) 507-7008 or [email protected].