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Terms & Conditions of Service

LAST UPDATED OCTOBER 2014

WELCOME TO DBEsOUTREACH, INC’s website. BY USING DBEsOUTREACH ONLINE SERIVCES, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IN ADDITION, WHEN USING THIS WEBSITE’S PARTICULAR SERVICES, YOU SHALL BE SUBJECT TO ANY POSTED GUIDELINES OR RULES APPLICABLE TO SUCH SERVICES, WHICH MAY BE POSTED AND MODIFIED FROM TIME TO TIME. BY CLICKING THE "ACCEPT" BUTTON OR CHECKING A BOX WHEREVER DISPLAYED DURING DBEsOUTREACH ORDER PROCESS OR DBEsOUTREACH SIGN UP PAGE, THE USER HEREBY IS AGREEING TO  DBEsOUTREACH, INC.’s TERMS AND CONDITIONS OF SERVICE.

 

PRIVACY

Please review our Privacy page, which also governs your use of DBEsOutreach services.

User agrees to provide current, accurate information in all electronic forms submitted in connection with the services.

 

ELECTRONIC COMMUNICATIONS

When you use any DBEsOutreach service or send us e-mails, you are automatically consenting to receive communications from us electronically in return.

 

COPYRIGHT AND INTELLECTUAL PROPERTIES

All content included in or made available through any DBEsOutreach  service, such as text, graphics, logos, button icons, images, maps, user interface design, scripts, media clips, digital downloads, and data compilations in any form is the property of DBEsOutreach or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any DBEsOutreach Service is the exclusive property of DBEsOutreach and protected by U.S. and international copyright laws.

 

ACCOUNT AND SECURITY

If you use any DBEsOutreach service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. Also,  you agree to accept responsibility for all activities that occur under your account or password.  Users agree not to provide access to the services by: (a) allowing others to use its account; (b) creating an account for someone who is not authorized to perform the role or view the information for which you have granted access; or (c) failing to revoke access for those persons who are no longer authorized to access the services for any reason. User will immediately notify DBEsOutreach of any unauthorized access from an account or the accounts of others for which user has administrative authority, including the use of accounts, passwords, or any other breach of security. User will not solicit another party's password for any reason. User will not access someone else's account, nor disrupt, interfere, or limit the functioning of the services, or other's enjoyment of the services. DBEsOutreach reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

 

CONDUCT AND CONTENT

User and users will use the services in a responsible, business-like manner in accordance with the law. User is responsible for its conduct while using the services, as well as for any content user posts, uploads, faxes, e-mails, distributes, transmits or solicits while using the services. User will not use the services in such a way as to distribute, link-to, transmit or solicit content of any type that is: (a) unlawful, libelous, violates a contract or regulation; (b)  obscene, harmful to minors, pornographic, invasive to another's privacy, racist, unethical, or otherwise offensive; (c) advocates or solicits criminal behavior, violence or racism; (d) infringes on someone's intellectual property rights, copyright, or other right; (e) constitutes unauthorized or unsolicited commercial communications such as bulk or SPAM email; (f) contains any computer code designed to disrupt, damage or impair any computer or network systems and software, such as viruses, or macros, whether or not any damage occurs; (g) surreptitiously intercepts, downloads, copies, detrimentally interferes with, damages, or expropriates any system, data, or personally identifying information; (h) defaces the website or services in any way; or (i) reveals your account access information such as your password or secret question. User will comply with all applicable laws, regulations, and DBEsOutreach policies regarding online conduct and content. DBEsOutreach reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted submitted or published content. If user gains access to any information for which user is not authorized, by any method or means, or for any reason, user must report such access to DBEsOutreach immediately and destroy all electronic or hard copies of such information. User must report incidents by emailing us at info@dbesoutreach.com or by calling 1 (800) 840-3237. Any breach of the above covenants will result in immediate termination of services and, if necessary, referral to law enforcement authorities.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or business entity; and that you will indemnify DBEsOutreach for all claims resulting from content you supply. DBEsOutreach has the right but not the obligation to monitor and edit or remove any activity or content. DBEsOutreach takes no responsibility and assumes no liability for any content posted by you or any third party that might represent you or your business entity.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE DBEsOUTREACH SERVICE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH DBEsOUTREACH.COM  SERVICES ARE PROVIDED BY DBEsOUTREACH, INC ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DBEsOUTREACH MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, REGARDING  THE OPERATION OF THE DBEsOUTREACH  SERVICES OR THE INFORMATION, CONTENT, MATERIALS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DBEsOUTREACH  SERVICES UNLESS OTHERWISE SPECIFIED IN WRITING. You expressly agree that your use of the DBEsOutreach services requires your sole responsibility. The information and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein without notification.

DBEsOUTREACH  WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY DBEsOUTREACH  SERVICE, OR FROM ANY INFORMATION, CONTENT, OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY DBEsOUTREACH  SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

 

DBEsOUTREACH SERVICE SPECIFIC TERMS

Those specific terms depend on the selected service package by the user. User may submit an order on DBEsOutreach’s website. We provide two samples of outreach descriptions along with their associated terms and conditions to allow users, who are not familiar with the process to post a bid invitation. User can edit a sample and its terms and conditions per project as required or draft a totally different one. DBEsOutreach is not responsible for the content of the outreach posted on our website or faxed to others. It is the user’s responsibility to check the accuracy and content of all the information submitted through the DBEsOutreach online process. Database records might have inaccurate or outdated phone/fax numbers, and e-mail addresses or contact information due to many factors beyond DBEsOutreach’s control as these are public databases. The firms databases might be updated from time to time based on updates from the state. Therefore, we make no guarantee that the bid solicitation in good faith effort will reach the user’s selected recipient(s) in case the recipient’s contact information is incorrect. We will attempt to send each fax twice as part of our enhanced good faith effort process. if the fax was sent successfully the first time, then we don’t need to do a second attempt. A second fax is only processed when the first attempt is unsuccessful. However, if the fax failed to be sent for the second attempt, this means the fax could not be transmitted successfully (either because the recipient fax is busy or is disconnected or any other reason beyond our control) and its status will be marked “Failed” in the generated fax report. No further fax attempts will be carried out  by DBEsOutreach to send faxes. Only one fax sheet will be sent to each enterprise as part of the service offered by DBEsOutreach. User should make the fax bid solicitation brief, effective, and informative. Faxes will be queued in DBEsOutreach servers and sent to recipients within 24hrs unless there is a technical issue. User is responsible for logging in to his or her account within 24hrs to check if faxes were sent or not. If faxes were not sent, user should immediately notify DBEsOutreach team of this issue so we become aware of it and can take corrective action. Emails will be sent immediately after placing order unless there is a technical issue. First phone calls will be made at most within 24hrs after all faxes are sent out. A follow-up call will be made at least one or two days before the bid due date but usually two to three days before the bid due date depending on the date of the order. We will use our best judgment to allow ample time in case the order is submitted early to allow enough time for sub-contractors to submit quotes.  An email will be sent to all selected enterprises once the order has been submitted online. Moreover, a phone call along with a follow-up call will be made to all enterprises once all faxes are sent out. No calls will be made until all faxes are transmitted. Comments will be inserted into the phone reports to be printed by users later in PDF form. It is the user’s (contractor’s) responsibility to check these comments and respond accordingly as part of the good faith effort process. Online project ads will be posted on DBEsOutreach two web bulletins (Focus & Trade Web Bulletins) immediately after submitting the order. These ads will expire on the last day of the bid due date and will no longer be viewable afterwards. For the “Ultimate Package,” DBEsOutreach will conduct the “search and select” of the DBE/DVBE/MBE/WBE/SBE enterprises depending on the user online order information. DBEsOutreach makes no guarantee that it will choose the right or best enterprises as DBEsOutreach team is not completely familiar with the project or the contract. However, DBEsOutreach team will do its best to reach the relevant business enterprises based on the online order information submitted by the user. For “Ultimate Package,” If the user is not satisfied with the firms’ or subcontractors selection, the user should not select this service package for future orders and should go with other available service packages. However, Users who contact us after two business days are not eligible for any refund. DBEsOutreach makes no claim that its automated online process is the only and final solution for the good faith effort process. User should attempt to exert as much effort as possible to secure the required goal percentage or to show that the contractor did his or her best to secure the participation percentage required by the agency or the project owner. In case we have technical difficulties with our servers or any other issue, the DBEsOutreach online order process will be paused temporarily without prior notifications. However, users will still have access to their online profiles and projects’ orders. We make no guarantee that the faxes or the users’ submitted orders will be processed on the same day per the usual process in case of technical issues. We will do our best to resolve the issues in order in order that the daily operations are back to normal.  User can update only the date and time of the online bid on the DBEsOuteach web bulletins. No other updates are available at this time. Users who use our services are responsible for notifying us if the recipients informed them not to send anymore faxes or emails. DBEsOutreach Inc. is not responsible for the selection of the recipients unless the user notifies the DBEsOutreach team of such a matter in which case our team will do as required.

USE OF THE DBEsOUTREACH SERVICE

You may use DBEsOutreach web service solely for purposes of enabling you to use the DBEsOutreach services as provided, intended, explained by DBEsOutreach, and as permitted by the terms and conditions of use. You may not incorporate any portion of the DBEsOutreach service into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, or sub-license the DBEsOutreach service or otherwise assign any rights to the DBEsOutreach service  in whole or in part. You may not use the DBEsOutreach service for any illegal purpose. We may cease providing any DBEsOutreach service and we may terminate your right to use any DBEsOutreach service at any time. Your rights to use the DBEsOutreach service will automatically terminate without notice if you fail to comply with any of these services’ Terms & Conditions of Use. All services used in any DBEsOutreach Service are the property of DBEsOutreach or its service suppliers and protected by domestic and international copyright laws. You may not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the DBEsOutreach script, database, software, whether in whole or in part, or create any derivative works from or of the DBEsOutreach service.

 

REFUND POLICY

Refunds are available only if the service is completely malfunctioning. In other words, if the system did not publish web ads, email, fax, or call, then the user will be refunded. User must provide proof (screen shots, reports, etc) when claiming that the web system is completely not working. In this case, the user must contact DBEsOutreach and explain that within two business days at most of placing the order online. NO REFUND WILL BE ISSUED AFTER TWO BUSINESS DAYS.

 

MISCELLANEOUS

Entire Agreement

This agreement constitutes the entire agreement between you and DBEsOutreach with respect to the subject matter hereof, and expressly supersedes and replaces any prior or contemporaneous agreements, written or oral, relating to the service or this site. Any other terms or conditions on any such document issued by you at any time (including additional, different, or conflicting terms) are hereby objected to by DBEsOutreach and shall not be binding in any way on DBEsOutreach. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the expressed wish to the parties that this agreement and all related documents be written in English.

 

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our privacy policy, security policy posted on this site. These policies also govern your use of DBEsOutreach’s services. We reserve the right to make changes to our site, policies, Service Terms & Conditions, Privacy, and Security at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

Governing Law

These terms are governed by the laws of the State of California as well as by federal law.
 

CHANGE OF TERMS OF SERVICES- AMENDMENT & UPDATES

DBEsOutreach reserves the right, in its sole discretion, to CHANGE, UPDATE, AND/OR AMEND the terms and conditions under which this service is offered. The most current version of the terms will supersede all previous versions. DBEsOutreach encourages you to periodically review the terms to stay informed of any updates. Amendments and/or CHANGES will take effect immediately upon us posting the updated agreement on our services. You are encouraged to revisit this agreement from time to time in order to review any changes that have been made. The date on which this terms and service agreement was last updated will be noted immediately at the beginning of this agreement. Your continued access and use of our services following the posting of any such changes shall automatically be deemed your acceptance of all changes.

 

CONTACT US

You can contact us by phone 1-800-840-3237 or e-mail. Refer to the site’s contact page or email us at: info@dbesoutreach.com

By choosing "Accept" or checking the box next to the hyperlink on the confirmation submit page.You confirm that you have read, accepted and agreed to all terms and conditions of DBEsOutreach,Inc. service. If you don't agree, click "I don't accept" or "Cancel".