Don Bivens, PLLC, its subsidiaries and affiliated companies (“DB PLLC”, “we”, “our”, or “us”) welcomes you (the “User” or “you”) to our website at https://www.bivens.plaintip.com/ and any additional websites owned and operated by DB PLLC (the “Site”) and any services, features and content downloadable or accessible from the Site, as well as to any other DB PLLC service otherwise accessed by you, whether through DB PLLC or third party websites or sources (all collectively referred to herein as the “Services”, as further detailed below). These DB PLLC Terms of Service (“Terms of Service”) are a binding agreement between you and DB PLLC that governs your use of the Services.
By entering, connecting to, accessing or using the Services, you acknowledge that you have read and understood the following terms and conditions, including the terms of our Privacy Notice (the “Privacy Notice”), which are incorporated into these Terms of Service by this reference. These Terms of Service and the Privacy Notice are referred to collectively as the “Terms.” You agree to be bound by these Terms and to comply with all applicable laws and regulations regarding your use of the Services and you acknowledge that these Terms constitute a binding and enforceable legal contract between DB PLLC and you.
Additional services provided by DB PLLC, such as [additional services], shall also be subject to additional terms and conditions, as shall be provided in these Terms or separately in connection with such additional services. In such cases, such additional terms shall be considered as part of these Terms.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT, CONNECT, ACCESS, DOWNLOAD, OR USE THE SERVICES IN ANY MANNER. USE OF THE SERVICES IS VOID WHERE PROHIBITED.
By acceptance of the Terms, you represent that any and all information you provide us through the Services is true and accurate. The provision of any false or fraudulent information is strictly prohibited.
You further consent to receive communications from us electronically. We may communicate with you a variety of ways, such as by e-mail or by notices and messages on the Site. You may revoke your consent to any individually targeted communications at any time.
1. THE SERVICES
DB PLLC’s Site offers information on potential violations of law that may have affected your legal rights and provides you class compatibility and plaintiff screening services for potential participation in class-action lawsuits (the “Services”). Our Services help connect potential victims of mass corporate violations of law (such as privacy or environmental regulations) who are eligible to join a class of plaintiffs (“Class”) in a class-action lawsuit (“Class-Action”) with qualified legal professionals ready to represent their interests.
DB PLLC’s Services provide Users with a simple web and telephonic service enabling Users to view information on the actions of potential defendants that may implicate violations of law and to participate in a brief telephonic survey (“Survey”) for the purpose of assessing their eligibility for inclusion in the Class.
To use the Services and participate in the Survey to determine your Class eligibility, you must enter your details into the open fields presented on the Site and click “Submit my case for review!” (“Registration”).
If you meet our preliminary qualifications for potential inclusion in a Class, we will contact you via the phone number provided during your Registration to conduct the Survey.
PLEASE NOTE: DB PLLC integrates and collaborates with third party service providers and other Subcontractors (as defined below), including through the use of third-party call centers, in order to provide its Services, and uses technology provided by Subcontractors that can analyze Survey response data into usable Class insights and Class eligibility and compatibility determinations. Your use of the Services indicates your consent for the use of such Subcontractor services by DB PLLC, as further detailed in Section 10 below and in accordance with our Privacy Notice.
You must be at least eighteen (18) years of age to use the Services. By agreeing to these Terms, you represent and warrant to us: (a) that you are at least 18 years of age; (b) if the User of the Services is under the age of 18 or is under the age of legal eligibility and capacity in the jurisdiction applicable to such User, you hereby confirm that you are the legal guardian of the User and both you and the User have read and agreed to these Terms and approved of the User’s continued use of the Service subject to these Terms; (c) that you have not previously been suspended or removed from the Services; and (d) that your use of the Services is in compliance with any and all applicable laws and regulations. Any use or access to the Services by anyone under the age of thirteen (13) is strictly prohibited and is in violation of these Terms.
If you are using the Services on behalf of an entity, organization, or company, you represent and warrant to DB PLLC that you are an authorized representative, you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization. References herein to the word “you” includes you and such entity, organization, or company.
You further acknowledge and agree that the determination of your eligibility for Class membership or compatibility for inclusion in a Class-Action is made at the sole and exclusive discretion of DB PLLC.
3. USER REPRESENTATIONS AND UNDERTAKINGS
You represent and warrant at all times throughout your use of the Services and/or the Site that: (a) you have full authority to agree to these Terms, and there is no restriction, limitation, contractual obligation or statutory obligation which prevents it from fulfilling its obligation under these Terms; (b) you are and will continue to be in compliance with all applicable laws, rules, and governmental (state, local, and community) and regulatory levies and requirements relating to it and the Services; (c) your use of the Services has not been previously blocked, suspended or terminated; (d) you do not authorize a third party to do any of the foregoing; and (e) you will not infringe or violate any of these Terms.
4. USE RESTRICTIONS AND YOUR RESPONSIBILITIES
There is certain conduct which is strictly prohibited on and/or with respect to your use of the Services or any part thereof. Your failure to comply with the provisions set forth below may result (at DB PLLC’s sole discretion) in the termination or suspension of your access to Services and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf: (a) 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; (b) re-identify any anonymized or statistical data provided by DB PLLC or interfere with or violate any other User or other third party’s right to privacy or other rights including intellectual property rights, or harvest or collect personally identifiable information about any Users of the Services without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (c) modify, translate, or create derivative works based on the Services or any part thereof; (d) use the Services for timesharing or service bureau purposes or otherwise for the benefit of a third party without DB PLLC’s express prior written consent; (e) remove any proprietary notices or labels from the Services; (f) circumvent any security control or access mechanism of the Services; (g) sell, license, or exploit for any non-personal or commercial purposes any use of or access to the Services and/or use the Services in connection with any products, services, or activities that compete with DB PLLC; (h) frame or mirror any part of this Site without DB PLLC’s prior express written authorization; (i) create a database by systematically downloading and storing all or any of the content from the Services; (j) interfere with or disrupt the operation of the Services, or the servers or networks that host the Services, or disobey any requirements, procedures, policies, or regulations of such servers or networks; or (k) use the Services for any illegal, immoral or unauthorized purpose.
Although DB PLLC has no obligation to monitor your use of the Services, DB PLLC may do so and may prohibit any use of the Services it reasonably believes may be (or may be alleged to be) in violation of the foregoing restrictions.
In the event that you provide DB PLLC with any suggestions, comments or other feedback relating to Site and/or the Services (collectively, “Feedback”), such Feedback is deemed at the incipiency the sole and exclusive property of DB PLLC and you hereby irrevocably assign to DB PLLC all of its rights, title and interest in and to all Feedback, if any, and waives any moral rights to it (or anyone on its behalf) may have in such Feedback. Without derogating from the foregoing, you hereby represent and warrant that you shall not provide any Feedback which is subject to any third-party rights or any limitations, and, without derogating from the foregoing, shall promptly inform DB PLLC as soon as you become aware of any third party right or limitation which may apply to Feedback already provided.
6. PRIVACY NOTICE
DB PLLC respects your privacy and is committed to protect the information you share with us. Our policy and practices and the type of information collected are described in our Privacy Notice. If you intend to connect to, access or use our Services you must first read and agree to the Privacy Notice.
7. PROPRIETARY RIGHTS
The Services, the design, logos, graphics, icons, images, as well as the selection, assembly and arrangement thereof, and any and all intellectual property rights pertaining thereto, including, without limitation, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Services and any part thereof), specifications, methods, procedures, information, know-how, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), are owned and/or licensed to DB PLLC, and are subject to copyright and other applicable intellectual property rights under Israeli laws, foreign laws and international conventions. You may not copy, distribute, display, execute publicly, make available to the public, emulate, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to DB PLLC’s proprietary rights, including DB PLLC’s Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in these Terms.
All logos and other proprietary identifiers used by DB PLLC in connection with the Services (“DB PLLC Trademarks”) are all trademarks and/or trade names of DB PLLC, whether or not registered. All other trademarks, service marks, trade names and logos, which may appear on or with respect to the Services belong to their respective owners (“Third Party Marks”). No right, license, or interest to DB PLLC Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to DB PLLC Trademarks or the Third Party Marks and therefore you will avoid using any of those marks, unless expressly permitted herein.
You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of DB PLLC and/or its licensors, including copyright mark [©] or trademark [® or ™] contained in or accompanying the Services, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of DB PLLC marks and logos, whether registered or not.
In the course of using the Services, you may upload to the Services or otherwise provide to DB PLLC, including via its Third Party Services, certain data (e.g., your User data) related to you, including data related to your potential legal claims. Such data uploaded or provided to DB PLLC is referred to herein as your “User Data.” You hereby grant DB PLLC a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable right to use, modify, reproduce, distribute, and prepare derivative works of your User Data (including all related Intellectual Property rights) in an aggregated and de-identified format (“Anonymized User Data”) in connection with the provision of the Services. DB PLLC reserves the right to remove any User Data and/or Anonymized User Data from the Services at any time for any reason. You, not DB PLLC, remain solely responsible for all User Data that you upload, provide, post, email, transmit, or otherwise disseminate using, or in connection with, your use of the Services, and you warrant to DB PPLC that you will provide truthful and accurate User Data and that you possess all rights necessary to provide such User Data to DB PLLC and to grant the rights to use such User Data as provided herein.
8. THIRD PARTY SERVICES
The Services may be linked to and/or through certain third party websites, web tools, applications and other third party services (collectively, “Third Party Services”). Such Third Party Services are independent from our Services. You hereby acknowledge that DB PLLC has no control over such Third Party Services, and further acknowledge and agree that DB PLLC is not responsible for the availability of Third Party Services, and does not endorse nor is it responsible or liable for any goods, services, content, advertisements, products, or any materials available on and/or through such Third Party Services.
9. THIRD PARTY COMPONENTS
The Services may use or include third party software, files and components that are subject to open source and third-party license terms (“Third Party Components”). Your right to use such Third Party Components as part of, or in connection with, the Services is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail only in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Services and DB PLLC disclaims all liability related thereto. You acknowledge that DB PLLC is not the author, owner or licensor of any Third Party Components, and that DB PLLC makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Services or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source” or “publicly available” software.
10. SUBCONTRACTOR SERVICES
You acknowledge and agree that, in providing the Services to you, DB PLLC may utilize and rely upon certain third-party service providers and independent subcontractors (“Subcontractors”) to provide call-center, survey, Class compatibility and plaintiff screening services to DB PLLC in order to assist DB PLLC in the delivery of the Services hereunder. You further acknowledge and agree that your rights under these Terms shall be solely and exclusively against DB PLLC, which shall be solely responsible for any act or omission of any Subcontractors. You shall have no right or recourse whatsoever against any Subcontractors hereunder, and hereby waive any and all such right, recourse or remedy, directly or indirectly, against any Subcontractor of DB PLLC. If DB PLLC utilizes Subcontractors to deliver or assist DB PLLC in the delivery of any Services, DB PLLC will impose on such Subcontractors the confidentiality obligations specified in these Terms and will supervise the performance of such Subcontractors to ensure that they comply with these Terms.
The Services’ availability and functionality depends on various factors, such as communication networks software, hardware, and DB PLLC’s service providers and contractors. DB PLLC does not warrant or guarantee that the Services will operate and/or be available at all times without disruption or interruption, that they will be immune from unauthorized access or will be error-free.
12. CHANGES TO THE SERVICES
DB PLLC reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Services (or any part thereof) without notice, at any time and at its sole discretion. In addition, you hereby acknowledge that the content and features provided under the Services may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that DB PLLC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services (or any portion thereof).
13. DISCLAIMER OF WARRANTIES
THE INFORMATION PROVIDED ON THE SERVICES, INCLUDING THE SITE, IS FOR GENERAL INFORMATION PURPOSES ONLY. NOTHING ON THE SERVICES SHOULD BE TAKEN AS FORMAL LEGAL ADVICE FOR ANY INDIVIDUAL CASE OR SITUATION. THIS INFORMATION IS NOT INTENDED TO CREATE, AND RECEIPT OR VIEWING OF ANY INFORMATION MADE AVAILABLE THROUGH THE SERVICES DOES NOT CONSTITUTE, A FORMAL ATTORNEY-CLIENT RELATIONSHIP. POTENTIAL CLASS-ACTIONS WILL BE REFERRED TO THIRD PARTY ATTORNEYS AND LAW FIRMS. NO REPRESENTATION IS MADE BY DB PLLC THAT THE QUALITY OF SUCH LEGAL SERVICES TO BE PERFORMED IS GREATER THAN THE QUALITY OF LEGAL SERVICES PERFORMED BY OTHER LAWYERS. YOU ARE EXPRESSLY ADVISED TO CONSULT AN INDEPENDENT ATTORNEY BEFORE MAKING ANY LEGAL DECISION BASED ON OR REGARDING THE SERVICES.
YOU ACKNOWLEDGE BY AGREEING TO THE TERMS HEREIN THAT DB PLLC (AND ITS AFFILIATES, LICENSORS AND SUBCONTRACTORS) INCLUDING ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (COLLECTIVELY, THE “DB PLLC AFFILIATES”) PROVIDE NO WARRANTIES AS TO THE PERFORMANCE, CORRECTNESS, FUNCTIONALITY OR SUITABILITY OF THE SERVICES FOR ANY PARTICULAR PURPOSE. DB PLLC AND/OR ANY OF THE DB PLLC AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE CONTENT AVAILABLE ON THE SERVICES. THE SERVICES (AND ANY PART THEREOF), INCLUDING WITHOUT LIMITATION THE SITE, AND ANY CONTENT, DATA AND INFORMATION APPEARING ON OR RELATED THERETO, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
DB PLLC AND/OR ANY OF THE DB PLLC AFFILIATES, JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED IN CONNECTION WITH YOUR OR ANY USER’S USE OF THE SERVICES. THE DB PLLC AFFILIATES EXPRESSLY DISCLAIM AND DO NOT GUARANTEE, WARRANT, OR PROVIDE ANY PREDICTION REGARDING YOUR ELIGIBILITY FOR INCLUSION IN A CLASS OR WITH RESPECT TO THE OUTCOME OF ANY CLASS-ACTION.
DB PLLC AND/OR ANY OF THE DB PLLC AFFILIATES DO NOT WARRANT THAT THE OPERATION OF THE SERVICES IS OR WILL BE FULLY SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS. DB PLLC MAY, AT ITS SOLE DISCRETION AND WITHOUT AN OBLIGATION TO DO SO, CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE SERVICES AT ANY TIME, OR DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT OR FEATURES WITHOUT ANY NOTICE TO YOU.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF AND/OR RELIANCE ON THE SERVICES, INCLUDING USE OF AND/OR RELIANCE ON ANY INFORMATION, DATA OR CONTENT AVAILABLE THROUGH THE SERVICES OR ANY PART THEREOF, IS ENTIRELY, OR OTHERWISE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT YOUR OWN RISK.
14. LIMITATION OF LIABILITY
IN NO EVENT SHALL DB PLLC AND/OR ANY OF THE DB PLLC AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM OR ARISING OUT OF THE SERVICES, USE OR INABILITY TO USE THE SERVICES, FAILURE OF THE SERVICES TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL, DATA OR PROFITS, THE PERFORMANCE OR FAILURE TO PERFORM UNDER THESE TERMS, AND ANY OTHER ACT OR OMISSION OR BY ANY OTHER CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM THE CONDUCT OF ANY USERS, SUBCONTRACTORS AND/OR THIRD PARTY SERVICES.
NO ACTION MAY BE BROUGHT BY YOU FOR ANY BREACH OF THESE TERMS MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. AS SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEN SUCH LIMITATIONS ONLY MAY NOT APPLY TO A USER RESIDING IN SUCH STATES.
SUCH LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN AN ACTION OF CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR DB PLLC’S SERVICES TO YOU, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND EVEN IF DB PLLC AND/OR ANY DB PLLC AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES AND/OR DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL DB PLLC’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID BY YOU TO DB PLLC FOR USE OF THE SERVICES IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING ANY CAUSE GIVING RISE TO LIABILITY. IF YOU HAVE NOT MADE ANY PAYMENTS TO DB PLLC FOR THE USE OF THE SERVICES, THEN DB PLLC SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.
You agree to defend, indemnify and hold harmless DB PLLC and any DB PLLC Affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, fines, late fees, cancellation fees and expenses (including attorney’s fees) arising directly or indirectly from: (a) your use of the Services (or any part thereof); (b) breach of any term of these Terms by you; (c) your violation of any third party intellectual property rights, privacy rights or other rights through your use of the Services or provision of information to the Services (including but not limited to obtaining consents from the requisite parties); and (d) your violation of any applicable law or regulation. DB PLLC reserves the right, at your expense, to assume the exclusive defense and control of any indemnifiable matter and you agree to cooperate with DB PLLC to defend such claims.
16. AMENDMENT OF TERMS
DB PLLC may change the Terms from time to time, at its sole discretion and without any notice, including the Privacy Notice. Substantial changes of these Terms will be first notified on the Services and an email regarding such changes will be sent to the email address that you provided during Registration. Such substantial changes will take effect seven (7) days after such notice was provided. Otherwise, all other changes to these Terms are effective as of the date stated as “Last Updated” at the top of these Terms of Service, and your continued use of the Services after the Last Updated date will constitute acceptance of, and agreement to be bound by, those changes. Please note that in the event that the Terms should be amended to comply with any legal requirements, such amendments may take effect immediately and without any prior notice, as may be required by law.
17. TERMINATION OF SERVICE
At any time, DB PLLC may block your access to our Services and/or temporarily or permanently limit, suspend or terminate your access to the Services, for any reason, at its sole discretion, in addition to any other remedies that may be available to DB PLLC under any applicable law. Such actions by DB PLLC may be taken if DB PLLC deems that you have breached any of these Terms in any manner.
Additionally, DB PLLC may at any time, at its sole discretion, cease the operation of our Services or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that DB PLLC does not assume any responsibility with respect to, or in connection with the termination of our Services’ operation and/or loss of any data.
The following provisions shall survive the termination or expiration of these Terms: Section 2 (Eligibility); Section 3 (User Representations and Undertakings); Section 4 (Use Restrictions and Your Responsibilities); Section 5 (Feedback); Section 6 (Privacy Notice); Section 7 (Proprietary Rights); Section 8 (Third Party Services); Section 9 (Third Party Components); Section 10 (Subcontractor Services); Section 13 (Disclaimer of Warranties); Section 14 (Limitation of Liability); Section 15 (Indemnification); Section 17 (Termination of Service); and Section 18 (General).
These Terms do not, and shall not be construed to create any partnership, joint venture, employer- employee, agency, or franchisor-franchisee relationship between the parties hereto. Any claim relating to the Services or use of the Services will be governed by and interpreted in accordance with the laws of the State of Arizona, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of the Services, including the Site, or any part thereof will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of Maricopa County, Arizona. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Terms without DB PLLC’s prior express written consent. DB PLLC may transfer and assign any of its rights and obligations under these Terms without your consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms are the entire terms and conditions between you and DB PLLC relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and DB PLLC. Notices to you may be made via email or regular mail. Our Services may also provide notices of changes to these Terms or other matters, by displaying such notices on the Services or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If you have any questions (or comments) concerning these Terms, you are welcome to send us an email to the following address, and we will make an effort to reply within a reasonable timeframe: email@example.com.