TERMS & CONDITIONS

Last Updated August 12, 2025

Welcome to our website: www.dbsupply.com ("Site"). The Site is owned, operated and maintained by D&B Supply LLC, an Idaho limited liability company doing business as D&B Supply ("D&B", "our", "we" or "us"). 

Your use of the Site is governed by these Terms of Use ("Terms") and all applicable laws. By clicking your acceptance of these Terms or by accessing or using the Site, you agree to be bound by these Terms without qualification or limitation. 

We reserve the right to modify or update these Terms at any time and without notice and any such modification or update will become effective when posted on the Site and be applicable to use of the Site at that time. Your continued use of the Site following any update or modification means that you agree to the most current version of the Terms.

Please read these Terms carefully as they affect your legal rights. These Terms contain a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes. These Terms also include a class action waiver.

If you do not agree to these Terms, then you have no right to access or use the Site.

1. Eligibility to Access Site

This Site is not intended for any use by individuals under the age of thirteen (13) years old. Any user between the ages of thirteen (13) and eighteen (18) years old may only use this Site with the consent and oversight of a parent or legal guardian.

2. License and Access to Site

D&B grants you a limited, revocable, non-exclusive, non-transferable license to view, access, and make personal, non-commercial use of the Site, subject to your compliance with these Terms. Except as expressly permitted in these Terms, you agree not to use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site.  D&B grants you a limited, revocable, non-exclusive, non-transferable license to view, access, and make personal, non-commercial use of the Site, subject to your compliance with these Terms. Except as expressly permitted in these Terms, you agree not to use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site. 

3. Intellectual Property

The Site and its content, features and functionality are owned by D&B and are subject to copyright, trademark, service mark, trade dress, and other intellectual property rights of D&B. You may not use the trademarks, trade names, service marks, trade dress and copyrighted material of D&B displayed on the Site without the prior express written consent of D&B. Without limiting the foregoing, D&B Supply® and certain associated logos used on the Site, Get it at D&B®, FOR ALL YOU NEED TO LIVE, WORK & PLAY IN THE WEST...GET IT AT D&B!® are the registered trademarks or trademarks of D&B.  

4. Links

The Site contains links to other websites, which third-party websites are not under the control of D&B. All links provided on this Site are intended solely for your convenience. We are not responsible or liable for the availability or accuracy of such third-party websites or the content, products, or services on or available from such third-party websites.  Links to such third-party websites do not imply any endorsement by us of such websites or the content, goods, or services available from such third-party websites. You assume all risk arising with respect to your use of any such third-party websites and the content, products, or services on or available from such third-party websites. Your use of these third-party services may be subject to the separate policies, terms of use and fees of these third parties.

5. User Comments and Other Submissions

Any comments, feedback, notes, messages, ideas, suggestions, or other communications or other information or content that you submit to D&B concerning the Site, our products or business (together, "Comments") are agreed by you to be non-confidential. By submitting any Comments to us, you also grant D&B a royalty-free, worldwide, perpetual, irrevocable, fully paid, sub-licensable and transferable license to use, copy, distribute, modify, create derivative works based upon and otherwise exploit such Comments for any purpose (subject to our Privacy Policy) and without compensation to you. Please do not submit Comments that you wish to remain confidential or with respect to which you do not wish to grant us the foregoing license. We reserve the right, at any time and without prior notice, to remove or disable access to any Comments that D&B, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site.

6. Prohibitions in General 

You agree not to access or use the Site for any purpose detrimental to D&B, its customers or any other party, in D&B's discretion, including engaging in any of the following:

  • Collecting personally identifiable information including that of our customers or employees and customers;
  • Posting, uploading, or otherwise transmitting to the Site any content or information that violates applicable law or regulation, infringes or violates a third party's intellectual property rights or rights of privacy, is false or misleading, is offensive in our sole judgment, or promotes illegal or harmful activities;
  • Displaying, mirroring or framing the Site, or any element of the Site, or the layout and design of the Site;
  • Attempting to interfere with or interfering with functionality or security of the Site in any manner;
  • Sending any unsolicited advertising or communications;
  • Using the Site or its content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; or
  • Attempting to decipher, decompile, disassemble, bypass any security or reverse-engineer any of the software used to provide the Site or its content.

7. Customer Account Registration

You may choose to establish an online customer account with us. To do so, you will need to create and register an account and choose a username and password. Please do not share your username and password with any other party. You are solely responsible for the security of your password, username and other login information. In the event of any unauthorized use of your username or password you must promptly inform D&B of any actual or suspected unauthorized use by using the contact information below. D&B may terminate your account at any time. You may cancel your account at any time by sending an email to: weborders@dbsupply.com.

8. Ordering

To make a purchase of a product or service carried by D&B using the Site, you will need to provide certain information to us, including your email address, telephone number, method of payment, and address and other shipping information. You represent and warrant to us that you are eighteen (18) years of age or older and have the legal right to use the credit card or other payment method you select. When placing an order, please carefully review your selections including the product(s) or service(s) selected, product(s) or service(s) pricing, your shipping information and your payment information. You authorize D&B to provide information submitted by you to third parties for purposes of completing your purchase transaction. All orders are subject to product availability and acceptance by us, in our sole discretion, of your order. Risk of loss and title to products purchased by you shall pass to you upon our delivery to the carrier for shipment to you. Delivery dates are not guaranteed by us. 

We strive to make the Site as accurate as possible. However, we make no guarantee that pricing information, product descriptions and images, and other information and content on the Site is complete and accurate. We will correct any errors as and when we become aware of them and reserve the right to do so. In the event the correct price for a product or service is higher than the price stated on the Site, or other errors exist with respect to product or service information, we reserve the right to notify you and cancel your order.  If the product(s) you order are out of stock, we will notify you and refund the purchase price. Other merchants may follow different policies in the event of a mispriced item. 

We will apply sales tax to your order based upon the shipping address you provide us (or if the products are picked up at one of our locations, the applicable sales taxes in that jurisdiction). You are responsible for any sales or use taxes.

Please refer to our shipping policy and return policy for more information.

9. Privacy

Information we collect from you on the Site is subject to our Privacy Policy. Please review our Privacy Policy regarding D&B's policies and practices concerning the collection and use of your personal information. 

10. Disclaimer and Limitation of Liability

THE SITE AND ITS CONTENT ARE PROVIDED BY D&B ON AN "AS IS" AND "AS AVAILABLE" BASIS. D&B MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE SITE, ITS CONTENT, AND ACCURACY AND WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, D&B EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR THAT THE SITE WILL BE AVAILABLE ON A SECURE OR ERROR-FREE BASIS. YOU AGREE THAT BY YOUR USE OF THE SITE, YOU ASSUME ALL SOLE RISK OF SUCH USE AND YOU SHALL BE SOLELY REPSONSIBLE FOR COSTS OF SERVICING OR REPAIRING ANY EQUIPMENT USED IN CONNECTION WITH THE SITE AND THAT D&B SHALL NOT BE RESPONSIBLE FOR ANY SUCH COSTS.

PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO THE APPLICABLE WARRANTIES, IF ANY, MADE BY THE RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS OF SUCH PRODUCTS OR SERVICES. SUCH PRODUCTS OR SERVICES ARE SOLD  BY D&B ON AN "AS IS" AND "AS AVAILABLE" BASIS AND, TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, D&B EXPRESSLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH PRODUCTS OR SERVICES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL D&B BE LIABLE FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF A PRODUCT OR SERVICES MANUFACTURER'S, DISTRIBUTOR'S OR SUPPLIER'S FAILURE TO FULFILL ITS WARRANTY OBLIGATIONS TO YOU.

TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, D&B SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR ITS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER D&B HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL D&B'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR ITS CONTENT EXCEED ONE HUNDRED DOLLARS ($100).

IN NO EVENT WILL D&B'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE EXCEED THE PURCHASE PRICE FOR SUCH PRODUCTS OR SERVICES.

THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN D&B AND YOU. 

11. Indemnity

You agree to defend, indemnify, and hold D&B and its affiliates and its and their respective officers, directors, employees, agents and successors harmless from and against any claims, actions, liabilities, damages, losses, and expenses, including reasonable legal fees and expenses, arising from or related to your violation of these Terms and access and/or use of the Site or any information obtained from the Site.

12. Dispute Resolution

Agreement to Arbitrate

Except an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's intellectual property rights (such as copyrights, trademarks, trade secrets, patents), you and D&B agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or products or services purchased using the Site ("Dispute") will be resolved exclusively by binding arbitration held in Caldwell, Idaho applying Idaho law without regard to its conflict of laws provisions. This "Dispute Resolution" section will survive any termination of these Terms between you and D&B.

No Class Arbitrations, Class Actions or Representative Actions

You and D&B agree that any Dispute arising out of or related to these Terms is personal to you and D&B and that such Dispute will be resolved exclusively through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and D&B agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and D&B agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

Arbitration Rules

You and D&B agree that arbitration will be conducted confidentially by a single arbitrator in accordance with the commercial rules of the American Arbitration Association ("AAA") that are in effect at the time the arbitration is initiated, as modified by this "Dispute Resolution" section ("AAA Rules"). You and D&B agree that, to the maximum extent permitted by applicable law, The Federal Arbitration Act will govern the interpretation and enforcement of this "Dispute Resolution" section.

Authority of Arbitrator

The arbitrator will have the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute as well as the authority to grant any remedy that would otherwise be available in court. Provided, however, the arbitrator shall have no authority to conduct a class arbitration, class action or a representative action, which are prohibited by these Terms. In this regard, the arbitrator may only conduct an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

Opt Out

You may opt out of binding arbitration within thirty (30) days your first acceptance of these Terms by notifying us in writing at the physical address set forth below. An opt-out notice must include your full name and expressly state that you are opting out of binding arbitration.

13. Copyright Infringement and Procedure for Making Claims

If you believe that your copyrighted work is accessible on or through our Site in a manner that constitutes copyright infringement, you may notify us by providing all of the following information to our copyright agent, as set forth below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  • Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site, and information reasonably sufficient to permit us, or our third-party service providers, to locate the material.

  • Information reasonably sufficient to permit us, or our third-party service providers, to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

Copyright Agent:  Tyler Bird 

Phone Number:    208-459-7446

Email:                     weborders@dbsupply.com 

We reserve the right to disregard a notice that is unclear and/or fails to comply with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act ("DMCA"). Should we determine that any DMCA notice lacks validity, we may refuse to remove the complained of content in our discretion. Our election to either remove or leave the complained of content does not constitute a legal decision about the validity of your claim of infringement or the possible defenses to a claim.

 

14. Termination

In the event of your breach of these Terms, we have the right to suspend or disable your account in our sole discretion and without prior notice to you.  Further, D&B reserves the right to revoke your access to and use of the Site at any time, with or without cause. 

15. Miscellaneous

These Terms and any action related thereto will be governed by the laws of the State of Idaho without regard to its conflict of laws provisions. Any Dispute which is not subject to arbitration or cannot be heard in small claims court, shall be resolved on an individual basis in state court in Canyon County, Idaho or in the United States District Court for the District of Idaho.

These Terms and the Privacy Policy constitute the entire and exclusive understanding and agreement between D&B and you regarding the Site and its content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between D&B and you regarding the Site and its content.

You may not assign or transfer these Terms, by operation of law or otherwise, without D&B's prior written consent.  D&B may assign or transfer these Terms, at its sole discretion, without restriction.  Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

In the event a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

D&B's failure enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

These Terms do not and shall not be construed to grant any rights or remedies upon any person besides you.  

16. How to Contact D&B

If you have any questions concerning these Terms, please contact us at weborders@dbsupply.com or at 3907 Muller Drive, Caldwell, Idaho 83605.