PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (AGREEMENT) CAREFULLY

Welcome to dbi360.com! These Terms of Use describe the terms and conditions ("Agreement") applicable to your accessing and using the website, www.dbi360.com ("Site"). This document is a legally binding agreement between the user(s) of the website (the "User(s)") and Dietary Business Intelligence Global LLC. (Herein after referred to as "dbi360.com", "us"). dbi360.com is a business service provider that promotes information and its exchanges among its users. As with any other business service, there are important rules and regulations that you should understand and adhere to.

LANGUAGE OF THE TERMS

Where dbi360.com has provided you with a translation of the English version of the Terms, you agree that the translation is provided for convenience purposes only. The English language versions of the Terms will govern your association with us. In case of any dispute between the English language version of the Terms and any other translated version, then the former shall supersede the latter.

USER(S) ELIGIBILITY

User(s) are any individual or business entity/organization that legally operates within the USA or in other countries that use and possess the privilege to use the services provided by dbi360.com. Our services are available only to those persons or companies willing to be a part of legally binding contracts under the latest applicable law. Therefore, the User(s) should not be a minor as per U.S. Law, i. e. User(s) must at least be 18 years of age to be eligible to use our services.

ACCEPTANCE OF AGREEMENT

This Agreement constitutes the entire and sole agreement between dbi360.com and the User and supersedes all prior or contemporary agreements, representations, warranties and understandings concerning the site, the content, products or services provided by or via the site and the subject matter of this Agreement. This Agreement may be amended at any time by dbi360.com periodically without any specific notification provided. The latest Agreement will be available on the site and you should review this prior to using the site. Before the User subscribes to and/or begins participating in or using this site, dbi360.com User(s) must thoroughly study, understand and then accept the agreement. If the User(s) do not accept the Terms of Use Agreement, the User(s) may choose not to use this site.

Under this Agreement, a User is any person who accesses the site for any purpose, regardless of whether the User is registered with dbi360.com as a free member or paying a subscription fee for a specific service provided by us. A User is considered as a "Member" after completing the process of registration. A User includes the person herself/himself and any legal entity which may be represented by such persons under actual or noticeable authority accessing the site.

INTELLECTUAL PROPERTY RIGHTS

dbi360.com is the sole owner and the lawful licensee of all the rights to the site and its available content. Site content refers to anything from design, layout, text etc., to images, graphics, sound, video etc. The Site content embodies trade secrets and intellectual property rights protected under the USA and international copyright and other laws. All title, ownership and intellectual property rights in the site and its content shall remain with dbi360.com, its affiliates or licensors of dbi360.com content, as the case may be.

All rights not otherwise claimed under this agreement or by dbi360.com are hereby reserved. The information contained in this site is intended solely to provide general information for User(s), who accepts full responsibility for its use. dbi360.com does not represent or endorse any information or advertisements (collectively, the "content") contained on, distributed through, linked, downloaded or accessed from any of the services contained on this site. dbi360.com does not represent or endorse the quality of any products, information or materials obtained by User(s) as a result of an advertisement or offer in connection with this service.

We accept no responsibility for any errors, omissions or results obtained from the use of this information. All information in this site is provided "as is" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall, to any extent, substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event shall dbi360.com be liable for any direct, indirect, incidental, punitive or consequential damages of any kind whatsoever with respect to the service, the materials and the products. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.

COPYRIGHT

All the Site contents, such as all the information at dbi360.com including, but not limited to, text, graphics, logos, icons, images or any other content belong to dbi360.com and are expressly managed by dbi360.com. The compilation and the design of the contents on the site are the sole property of dbi360.com or its content suppliers and are protected by the U.S. and international copyright laws. The compilation of all content included in or made available through any dbi360.com service is the exclusive property of dbi360.com and protected by the U.S. and international copyright laws.

This site or any portion of this site cannot be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose without written permission by dbi360.com or the third-party content provider to dbi360.com. User(s), accepting this Agreement, acknowledges that he/she will not copy, reproduce, share or download any information, text, images, video clips, directories, files, databases or listings available on the site for the purpose of reselling or redistributing the Site content, mass mailing or otherwise commercially exploiting the Site content without written permission from dbi360.com.

User(s) further agrees to grant dbi360.com a non-exclusive and royalty-free right to sublicense, reproduce, transmit, distribute or create any derivative works or materials of information you publish, transmit or provide to dbi360.com by any means.

By User(s) 's acceptance of this Agreement, User also grants to dbi360.com all the rights to use its name or company information in connection with the submitted materials and other information as well as in connection with any or all the advertising, marketing and promotional materials related to it.

TRADEMARK

"DBI", "dbi360.com" and related iconography and logos are registered trademarks or trademarks or service marks of dbi360.com under various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. Any unauthorized copying, modification, usage or publication of these are strictly prohibited. Other product and company names, logos etc. mentioned on the site may be registered trademarks of their respective owners.

LINKS TO THIRD PARTY SITES

The site provides links to third-party sites as a convenience or privilege to User(s) and dbi360.com does not have any control over such sites, i.e. the content and resources provided by them.

dbi360.com may allow User(s) access to content, products or services offered by third parties through hyperlinks (in the form of word links, banners, channels or otherwise) to such third-party websites. You are cautioned to read the terms and conditions and/or privacy policies of such sites' thoroughly before using them in order to be aware of the details. dbi360.com believes that User(s) acknowledge that dbi360.com has no control over such third party's site, does not monitor such sites and dbi360.com shall not be responsible or liable to anyone for such third-party site or any content, resources, products or services provided on such sites.

COUNTRY SPECIFIC RESTRICTIONS

The site is hosted by dbi360.com from the United States. dbi360.com makes no representation that the site is appropriate or available for use at other locations outside the United States. Access to the site from territories where the site's content is illegal is being prohibited. If you access the site from a location outside of the United States, you are responsible for complying with all the applicable laws. You may not use the Site or export information and materials in violation of the export laws of the United States or any other country.

GOVERNING LAW

These Terms of Use will be governed by the laws of the State of Texas, United States of America, without reference to its choice of the principles of law. Subjected to the below-mentioned dispute resolution provisions and without limiting its scope, you consent to the exclusive jurisdiction in the state courts and federal courts of competent jurisdiction in Collin County, Texas or the U.S. for any claims or disputes that are determined not to be subjected to resolution by arbitration as provided in the dispute resolution provision below.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD DBI360.COM AND OUR PARTNERS, ATTORNEYS, STAFF AND AFFILIATES (COLLECTIVELY, "AFFILIATED PARTIES") HARMLESS FROM ANY LIABILITY, LOSS, CLAIM and EXPENSE, INCLUDING REASONABLE ATTORNEY'S FEES, RELATING TO YOUR VIOLATION OF THIS AGREEMENT OR USE OF THE SITE.

FORCE MAJEURE

Under no circumstances shall dbi360.com be held liable for any delay or failure or disruption of the content or services delivered through the Sites resulting directly or indirectly from the acts of GOD, forces or causes beyond our reasonable control, including but not limited to: Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of nature, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

RULES OF CONDUCT

By using dbi360.com, User(s) hereby warrants and agrees to provide dbi360.com with true, accurate, current and complete information to be displayed on this site and maintain and promptly amend all information to keep it true, accurate, current and complete.

User(s) hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub-licensable license to dbi360.com to display, use and reuse all information provided by the User in fulfilling the purposes mentioned in this Agreement. And to exercise the copyright, publicity and database rights the User(s) has in such material and/or information in any media known.

User(s) hereby represents, warrants and agrees that it has obtained all necessary third-party copyright or trademark licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on the site or provides to dbi360.com or authorizes dbi360.com to display or the products represented thereby, do not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owners of such rights.

All the below mentioned scenarios should promptly be considered a material breach of this Agreement and forfeiture of any or partial access to the site and/or its products and services:

• Using the Site in violation of any local, national or international laws.
• Violating any ordinance or regulation including without limitation, those governing export control, consumer protection, unfair competition or false or provocative advertising;
• Posting or transmitting any unsanctioned advertising, promotional materials, including junk mail, spam, chain letters or any unsolicited mass distribution of emails;
• Posting or transmitting any data or material which contains computer viruses, corrupted files or any other similar destructive or malicious software and codes that may damage or interfere with or intercept any other software or hardware system, data or personal information;
• Posting, uploading, emailing or transmitting any trade leads, information, data, text, files, links, chat, communication or any other materials or any content that are unlawful, harmful, illegal, threatening, abusive or intrude upon another's privacy, defamatory, vulgar, racist, embarrassing or otherwise objectionable to any other person or entity as determined by dbi360.com in its sole discretion;
• Collecting or storing personal identification information of other users for malicious or unauthorized purposes;
• Being obscene or containing any pornographic or sexually explicit merchandising or any other content or otherwise promoting such materials;
• Being harmful to minors;
• Impersonating any person or providing false information on the registration form(s);
• Posting material that infringes the intellectual property rights, copyright, patent, trademarks, trade secrets or other such rights of others;
• Acting in any other manner, which dbi360.com, in its sole discretion, finds completely unacceptable.

User(s) acknowledges and recognizes that dbi360.com shall have the right (but not the obligation), in its sole discretion, to refuse to publish, remove or block access to any content that is available via the features, products and services provided by this site, at any time, for any reason or for no visible reason, with or without prior notice. dbi360.com may also terminate access to or membership in dbi360.com or any portion therein, for violation of this Agreement.

User(s) acknowledges and agrees that dbi360.com may preserve the content and may also divulge such content if required to do so by the law, government authorities, regulatory authorities or in good faith belief that such preservation or disclosure is reasonably indispensable to comply with legal process, to enforce this Agreement, to respond to claims that any content violates the rights of third parties or for protecting the rights, property or personal safety of dbi360.com, its users (both registered and unregistered) and the public.

dbi360.com reserves the right to diligently cooperate with governmental authorities and/or affected third parties in the investigation of any suspected criminal activities or wrongdoings. Further, dbi360.com may disclose the User(s) 's identity and contact details, if requested by a government or law enforcement body, an injured third party or because of legal action and dbi360.com shall not be held liable for any damages or consequences thereof and User agrees not to bring any action or claims against dbi360.com for any such disclosures.

LIMITATION OF LIABILITY:

THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE, " AND "WITH ALL FAULTS," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, ELECTRONIC VIRUSES, PROBLEMS OR OTHER LIMITATIONS. dbi360.com AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, dbi360.com AND IT'S AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Any material downloaded or otherwise acquired through the site is done at each User(s) 's sole discretion and risk and each User(s) is solely responsible for any damages to dbi360.com's computer system or loss of data that may be the repercussion of the download of any such material(s). Whether in oral or written form, no advice or information obtained by any User(s) from dbi360.com or through or from the site shall create any warranty not explicitly stated herein.

dbi360.com shall not be held liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages incurred for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following.

• the ability or the inability to use the site;
• any discrepancy in information or services purchased or procured from User(s) or any other third party through the site;
• violation of Third Party Rights or claims or demands that User(s) 's manufacture, import, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the site may violate or may be assertive to violate third party rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by third party rights claimants;
• unauthorized access by third parties to data or private information of any User;
• statements or conduct of any User(s) of the Site or;
• any matters relating to Services, however arising, including negligence.

The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether dbi360.com has been advised of or should have been aware of the possibility of any such losses arising.

THE FUNCTION OF THE SITE

Through the site, dbi360.com provides an electronic web-based platform for exchanging information. dbi360.com, the site, acts as a venue for User(s) to locate people to trade with and to negotiate the quality of information. However, dbi360.com is not involved in the actual transaction between trading parties. dbi360.com does not represent the seller or the buyer in any transaction and does not charge any commissions from the parties of a transaction. As a result, dbi360.com has no control over it. Therefore, it is not responsible for the quality, safety, availability or legality of the provider's items in trades, the truth or accuracy of the items and their information, the ability of traders to fulfill their obligation in any trade agreement.

User(s) are solely responsible for all the transactions conducted on, through or as a result of the use of the site, including, without limitation, terms regarding payment, returns, warranties, liabilities, damages, delays, misrepresentations, shipping, insurance, fees, taxes, licenses, fines, handling, transportation and storage.

User(s) hereby agrees and acknowledges that there may be risks of dealing with people acting under any false pretenses. Because the verification on the Internet is difficult, dbi360.com cannot and does not confirm each User(s) 's registered personal or company information. dbi360.com User(s) should use their own independent judgment to evaluate with whom they are dealing.

REGISTRATION AND MEMBERSHIP

Certain products and services will require the User(s) to register. A User(s) must fill out some online registration forms to become a "Member" of dbi360.com. These forms contain information about the member and its company, such as name, address, contact information, details of the business etc. As registering for the Site, User(s) agree that; you have provided true, accurate, valid and complete information about yourself or the company you represent and you also agree that you will promptly update the member information to keep it true, accurate, valid and complete when changes occur. User(s) may edit, update or alter their personally identifiable information at any time by using the tools provided by the site.

Suppose the User(s) provides or attempts to give any information that is untrue, inaccurate, invalid or incomplete. In that case, dbi360.com has the rights and authorities to suspend or terminate User(s) 's registration and refuse any or all use of dbi360.com and its features, products and services. Suppose you have registered for dbi360.com on behalf of a business entity or a company. In that case, you represent and warrant that you have the authority to bind such entity or company to the Agreement. The address you use is the principal place of business of such a business entity.

All information given through registrations becomes the exclusive property of dbi360.com and its subsidiaries. By becoming a Member, you consent to the inclusion of your personal data in dbi360.com's database and authorize dbi360.com to share such information with other User(s) and Members. dbi360.com reserves the right to use and reuse all registration and other personally identifiable user information.

By filling out registration forms, a member is assigned a unique Member ID among member I.D.s and a password the member chooses for logging in to its account. Members are responsible for maintaining the confidentiality of the member I.D. and password and are fully responsible for all activities that occur under that member I.D. or password. So, you must ensure that you exit (log out) from your account at the end of each session. dbi360.com cannot be and will not be liable for any loss or damage arising from your failure to comply with these requirements.

FEES

Members pay an annual membership fee to dbi360.com for using the site's certain features, products and services related to their membership. In addition, members may also purchase certain extra features, products and services that are not included in their membership packages concerning their membership types. The membership fee and/or an additional fee for extra features would be subject to revision at the time of renewal for the subsequent year(s) as agreed upon by dbi360.com and the user(s).

dbi360.com may, at its sole discretion, add to, delete or change all or a part of the site's contents or its functionalities or change the applicable fees for using the site at any time.

Members are responsible for paying all applicable taxes in addition to fees of features, products and services they use in the United States of America and/or any other country of the user.

The paid membership fee will not be refunded even though a member requests to terminate its membership before the expiration of the membership period.

GENERAL CONDITIONS

• Subject to any additional agreements, the Agreement constitutes the entire agreement between you and dbi360.com and governs the use of the Sites and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
• dbi360.com and User(s) are independent contractors and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Agreement.
• If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
• Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
• dbi360.com's failure to enforce any right or failure to act with respect to any breach by User(s) under the Agreement will not constitute a waiver of that right nor a waiver of dbi360.com's right to act with respect to subsequent or similar breaches.
• dbi360.com shall have the right to assign the Agreement (including all the rights, titles, benefits, interests and obligations and duties in the Agreement to any person or entity (including any affiliates of dbi360.com). You should not assign, in whole or in part, the Agreement to any person or entity.
• The Agreement shall be governed by the laws of Texas, USA without regard to its conflict of law provisions. The parties to the Terms hereby submit to the exclusive jurisdiction of the courts of Texas, USA.