This version was updated on Dec 20, 2023 09:10:30 PM (PST) and became effective from Dec 27, 2023 09:10:30 PM (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 mobile website (shop.doba.com), Doba Direct application, and related services (collectively, the “Services”), including, but not limited to, the registration of a membership 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 mobile 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 mobile website and/or application available on various platforms in accordance with Doba’s standard practices.
1. Acceptance of Terms and Conditions; License
Your use of a particular webpage included within the Doba Shop 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 or direct access.
2. Modifications of Terms and Conditions
Doba may, from time to time and in its sole and absolute discretion, amend or modify these Terms with or without notice to you; provided that Doba will use commercially reasonable efforts to give you at least 7 days' notice prior to the change. Notifications regarding the policy modifications or amendments will be posted directly on Doba’s mobile website. Additionally, an email notification will be sent to the email address provided to Doba by our users. The most current version of these Terms will supersede all previous versions, and your use or continued use of the Services will constitute your acceptance of and willingness to be bound by such version of these Terms. The most current version of these Terms may be viewed at any time by clicking on the link at the bottom of Doba’s mobile website or within the Doba Direct application.
3. Your Information and Content
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.
4. Restrictions and Responsibilities
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.
5. Product Sharing; Commission
As an influencer, you may share Doba products with your social media followers to generate orders and earn a commission.
First, an influencer account should be created on the Doba Direct application, which can be downloaded from major phone application stores. If you are a Buyer member of Doba Direct application, you may authorize your buyer account be become an influencer account. The time zone used in the Doba Direct application is Pacific Standard Time (PST). It is recommended to keep the status of your account active while using the Doba Direct application, or you won’t be able to share products, generate orders, or withdraw the commission (see the following section.)
Product Discovery and Sharing
After your influencer account is registered and approved by Doba. You will be able to view, search and discover products within the Doba Direct application. You will see the product name, picture(s), details, as well as the commission payout you will receive from the item within the Doba Direct application. The products available to you and the details of the products, including but not limited to their description, picture(s), and price are determined and may be modified from time to time without prior notice to you, by Doba at its sole discretion. The products will be priced in US dollars. You may choose any product to share on a social media platform at a time. You may choose as many products to share on as many social media platforms as you like. However, the style and contents of the shared products and the social media platforms available to you are decided by Doba at its sole discretion.
Buyers of Shared Products
When your social media follower(s) sees the shared product, they can click the shared link or scan the shared QR code, pay, and submit the order. The order will be sent to Doba for review and approval. Doba will make the decision to approve or reject any order at its sole discretion. Once the order is approved and shipped; the commission will automatically generate within your account and can be withdrawn. Orders are required to be paid and submitted within 30 calendar days of clicking the shared links, or scanning the QR code to be eligible for commission. If the order is not paid and submitted after 30 calendar days, the order will expire and is no longer considered an active order.
The Commission is calculated in US dollars.
When your commission is accumulated to a certain amount, once you hit the minimum withdrawal amount, you will be able to submit a request to withdraw. The withdrawal will happen automatically over a regular period. When a withdrawal happens, an application will be created, approved, and processed by Doba. The withdrawn amount will be transferred to the bank account you connected to during your account setup. Transfers can take up to 5-7 business days, or even longer, to reflect in your account depending on your bank or financial institution. The minimum withdrawal amount and period are decided by Doba at its sole discretion. Any withdrawal fees charged by your bank or financial institution are solely determined by them and are your responsibility to pay, and will be deducted directly from the withdrawal amount if there is any. It is your responsibility to maintain an active, up-to-date withdrawal account. Authorized accounts include PayPal, Payoneer, and your bank account. Doba takes no responsibility if the commission withdrawal fails due to your failing to provide a withdrawal account and/or the account you provided is invalid, and/or you fail to keep the status of your Doba Direct account as active. Doba takes no responsibility if you fail to withdraw or receive the commission because you provided a valid withdrawal account, but such an account becomes invalid later, or it belongs to or is taken by a third party. We will notify you through email for both successful and failed withdrawals.
After an order is paid, but refunded later, or the order payment is disputed and/or has an active chargeback by the buyer, the commission will become ineligible. The commission is also ineligible if the respective order is obtained through deceptive, fraudulent, or illegal means. A withdrawal application for any ineligible commission will be rejected. If your withdrawal request is approved, but the rejected commission is included in the request, the rejected/ineligible commission will be removed prior to the transfer and will not be credited to you. In the event it already was approved and requested for withdrawal prior to becoming ineligible/rejected, that amount will automatically be deducted from your commission amount. In the event the amount was approved, transferred, then rejected, a negative balance will appear within your Account Transaction Records, and the same amount will be deducted from your future eligible commission. If the dispute is resolved in Doba’s favor, the commission will remain ineligible/rejected. In the event that the account balance becomes negative, the influencer is required to remit payment to Doba within 30 days of receiving notice from Doba regarding the negative balance. Failure to do so grants Doba the right, a) to pursue collection from the influencer. The influencer shall be responsible for covering all associated costs, including but not limited to attorney's fees and litigation expenses incurred in the process of debt collection, and/or b) to deduct the same amount from the influencer's future eligible commission.
Doba reserves the right to terminate your Doba Direct influencer account for any or no reason, with or without notice.
6. Using the Services Without a Membership
If you are a Doba Influencer, you may directly view products and place orders on the Doba Shop. As a Doba Shop buyer only, you are required to register with a Buyer account on Doba, for the purpose of accessing the Shop, browsing products, placing orders, filing return/refund requests, etc.
After you place an order, we will send an order confirmation email to the email address you provided at the time of registration. If you want to track your order’s shipping progress, request a return and/or refund, or just want to review the order’s information, you can do so by logging in to your buyer account. Doba takes no responsibility if you fail to receive your order because you failed to provide a valid or accurate shipping address, phone number, and/or consignee.
Doba reserves the right to terminate your buyer account or your access to Doba Shop (shop.doba.com) for any or no reason with or without notice.
7. Services Access; Identity Protection
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 Shop 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.
8. Product Sales and Other Services
This section applies to you in your capacity as a purchaser of products from the Doba Shop using the Services, even if you are additionally a Supplier or a reseller/retailer. Suppliers and resellers/retailers are subject to additional terms and conditions which are made available to them in connection with qualifying to offer or resell products through the Services.
As a Buyer, you may place view products and place orders on Doba Shop (shop.doba.com) section of the Doba Direct application. You may visit the Doba Shop from a computer by entering the URL manually, however, you will get an optimized experience through a mobile device, such as a phone, iPad, tablet, etc.
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 original supplier changing the product's sale price, 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 the original suppliers and that Doba is not responsible for the accuracy of any or all information provided by such 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.
Manufacturer names may be listed for identification purposes only and in no way represent an endorsement of the applicable 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 Doba Shop 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 Doba. 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.
Doba directly determines the return, replacement, and refund policies (the “Doba Shop Return & Refund Policy”) on Doba Shop. You are responsible for reviewing and becoming familiar with these policies prior to placing an order and agree to abide by such policies with respect to the applicable orders. Failure to comply with any such policies may result in a rejected and/or reduced return, replacement, or refund. You can view the policies on the Doba Shop.
All payment for orders will be made via your added payment method; provided that Doba may limit or suspend 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, Doba 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).
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 mobile 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 checkout page on Doba Shop to determine the actual shipping costs.
Doba is not the actual manufacturer of and 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. 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 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.
9. Intellectual Property
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 or direct access 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 Shop 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 or direct access 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.
10. Term and Termination
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 or not) and until terminated by either you or Doba. Termination includes permanent deletion of your registered account and ceasing to access the Doba Shop or Doba Direct application. 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, direct access, 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, direct access, 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 influencers, customers, or Doba’s interests.
11. Warranty and Disclaimer
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.
14. Limitation of Liability
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 an account, a Membership, or your direct access to the Services. 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.
15. Miscellaneous Provisions
Your Relationship with Doba
You, either as an influencer and/or a direct purchaser of products 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 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.
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 or your direct access 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.
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.
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 the Doba Shop (shop.doba.com), Doba Direct application, 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 webpage or the page within the application. 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 Doba’s mobile website and Doba Direct application.
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 Doba Shop Return & Refund Policy on the order management page of Doba’s mobile website.
If you have any questions or concerns about Doba’s services, features, website, application, 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