iBiz247 Network Terms of Service Agreement
Last modified February 18, 2016
The following are the terms and conditions for use of iBiz247 hosted software product and service and documentation (referred to collectively as the “Service”) between iBiz247 International Business Networks, Inc. (“iBiz247”) and you (either an individual or a legal entity that you represent as an authorized employee or agent). If you are entering into this Agreement on behalf of your company, the terms “You” and “Your” in this Agreement means your company and all of its employees.
PLEASE READ THIS AGREEMENT CAREFULLY. BY REGISTERING OR CHECKING THE ACCEPT CHECKBOX DISPLAYED AS PART OF THE ORDERING PROCESS, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE.
TERM, RENEWAL AND TERMINATION
The term of this Agreement is as set forth in your Order Form. For other paying packages the term is equal to the length of the billing cycle that you have chosen. The term of non-paying accounts is monthly. This agreement renews automatically for another term of equal length at the end of each term, unless it is previously terminated by either party. Annual terms require a 30-day written notice for cancelation. Monthly accounts must terminate the Service by contacting iBiz247 at firstname.lastname@example.org. Either party may terminate this Agreement upon 30 days prior written notice in the event of a material breach that is not cured within thirty (30) days after notice.
Cancellations that occur in the middle of a payment term (month, quarter, or year depending on payment schedule) will be made effective on the cancellation date. There is no prorating. Accounts will not receive refunds for prepayment. You will be charged for the billing period in which you terminate your account according to the terms of this agreement. Your account including all its data and applications is permanently deleted.
For the term of the Agreement, iBiz247 grants to You a limited, non-transferable, non-exclusive right to access and use its proprietary Service for Your internal business use. The Service is made available to You as a hosted service. We host and retain physical control over the software and only make it available for access, and use by You over the Internet through a web-browser. Nothing in this Agreement obligates iBiz247 to deliver or make available any copies of computer programs or code from the software to You. You may not rent, lease, distribute, or resell the Service, or use the Service as the basis for developing a competitive solution (or contract with a third party to do so), or remove or alter any of the logos, branding, trademark, patent or copyright notices, confidentiality or proprietary legends or other notices or markings that are on or in the Service.
The Service is offered to you to help you with the operation of your business.
You may not access the Service if you are a direct competitor of iBiz247. You may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You may not, without iBiz247’s prior written consent, allow any employee or consultant to perform any technical security integrity review, penetration test, load test, denial-of-service simulation or vulnerability scan.
You agree to be bound by certain rules which are important for the proper use of the Services. Your failure to follow these rules, whether set forth below in this Agreement or in bulletins posted at various points on the Site, will result in termination of the Services and will be considered as a breach to this Agreement by you.
All Subscribers and users of the Services MUST comply with the following rules of conduct.
You will not stalk or harass another when using the Services.
You will not interfere with others’ use of the Services, including by interrupting other users’ sessions, scrolling down (automatically or manually) to make it difficult for them, or otherwise act in a way that negatively affects other users’ enjoyment of the Services.
You will not attempt to harvest any screen names of email addresses for any commercial use and you will not collect or store personal information about any other individual on the Services.
You will not use the Services for illegal purposes and you will not upload, post or submit any Subscriber Content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person’s privacy or proprietary rights.
You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with iBiz247, similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another.
You will not upload, post or submit any Subscriber Content that contains any viruses, cancel bots, Trojan viruses, harmful code, or other computer software or program designed to interrupt the Services we provide, Subscribers’ or users’ ability to enjoy the Services, or the proper functioning of any software, hardware or equipment or materials used in connection with the Services.
- You will not send any bulk unsolicited advertising, promotional information, commercial email or other solicitation (including without limitation junk mail, spam, chain letters or pyramid schemes of any sort) to any person through the use of the Services.
- You should demonstrate appropriate respect for other Subscribers. If you disagree with an opinion on the Services, feel free to challenge that opinion with a posting of your own. You should, however, refrain from ever personally attacking the person making the posting.
- You will not violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, or any rules of any national or other securities exchange.
- You will not upload, post, submit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- You will not upload, post or submit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person.
- You will not upload, post or submit improper or off-topic messages.
- You shall be responsible for the accuracy, timeliness, completeness and removal of any postings that are placed on the iBiz247 system.
- You may not transfer or assign for any reason any products or services or rights to any products or services provided by iBiz247 to any third party without the expressed written authorization of iBiz247.
- You shall not submit any information or materials that is/are unlawful in any relevant country or jurisdiction and/or are in breach of any website rules adopted by iBiz247.
- You shall not submit any material that may not be restricted or prohibited by law but are nonetheless controversial, including but not limited to:
- Information that encourage illegal activities;
- Items that are racially, religiously or ethnically derogatory, or that promote hatred, violence, racial or religious intolerance;
- Giveaways, lotteries, raffles, or contests;
- Stocks, bonds, investment interest and other securities; and
- Pornographic materials/items that are sexual in nature.
- You further agree that you will not knowingly solicit or collect personal information from children under 13 years of age without appropriate prior verifiable parental consent in accordance with applicable law.
- Although we do not generally pre-screen, monitor or edit the content posted by subscribers of the Services or the Site including any chat rooms, message boards, newsgroups, software libraries or other interactive services available on the Site or through the Services, iBiz247 and its agents have the right at their sole discretion to remove any content that, in its judgment, does not comply with our usage rules or is otherwise harmful, objectionable or inaccurate. iBiz247 shall not be responsible for any failure or delay in removing such content.
- Finally, do not use our Services to commit a crime, or to plan, encourage or help others commit a crime, including crimes relating to computers.
LIMITATIONS ON USE
The following activities are prohibited. You agree not to:
A) Use Web-accelerated browsers or products (including but not limited to NetJet, NetSonic, MSIECrawler, SiteSucker and Teleport-Pro), or other applications that are capable of copying large portions of content from the Site. iBiz247 can detect the use of these systems through live logfile analysis and will ban any future use by offenders.
B) Use robots and crawlers, or similar technology. We are able to detect robots violating the guidelines and we will ban any offenders.
C) Use any device, software or routine or the like to interfere or attempt to interfere with any Site functionality.
D) Take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure.
E) Use any email addresses appearing on the Site for purposes not relating specifically to the Site.
F) Access the Site by any means other than through the interface that is provided by iBiz247, or attempt or access any area of the Site to which your access is not authorized.
G) Reverse engineer, reverse assemble or otherwise attempt to discover any source code relating the Site, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
If you are using a iBiz247 Free package you agree (i) that your account and its applications will be disabled for the remainder of any month when it goes over its allocated capacity and resources, (ii) that iBiz247 is not liable for any loss or damage caused as a result of this practice, (iii) that you maintain accurate and up to date contact information, (v) that you do not sign up for more than one free account, and (vi) agree to receive sales and marketing emails from us and our partners.
iBiz247 at its sole discretion immediately terminates your service if any of the requirements above are not met.
iBiz247 reserves the right to discontinue free subscription at any time at its sole discretion. THE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY.
SUSPENSION DUE TO HARM
iBiz247 may suspend Your account if it reasonably concludes that the activity of Your account is unlawful, or causes immediate harm to iBiz247 and/or others. If we suspend Your access to the Service, we will use commercially reasonable efforts to notify you and to resolve the issues causing the suspension of Service. iBiz247 shall not be liable to You nor to any third party for any suspension of the Service under such circumstances. It is Your responsibility to ensure that the contact information in your account is accurate for reaching You or Your representative.
Fees and any other charges for the use of the Service and for any add-ons and overages are described on the Order Form or iBiz247 website. They may change from time to time. If we change them, we will give you at least 30 days’ notice. If they do change, your continued use of the Service after the effective date indicates your agreement with the new fees and charges. Any change to fees and other charges will not be applicable to the Term in which the change occurs.
All Service fees are billed in advance according to Your chosen billing cycle. Overage fees are billed monthly arrears. All Fees shall be paid in United States dollars. If undisputed amounts are not paid within 30 days Your account is automatically suspended. Suspended accounts including their data and applications are automatically deleted 30 days after suspension. Reactivation of a suspended account requires the payment of all past due invoice and the reactivation fee.
You must notify iBiz247 within 15 days of the end of a billing cycle regarding any amount in dispute and must include reasonable detail regarding such dispute.
SUBSCRIBER ACCOUNT, PASSWORD, AND SECURITY
To register for the Service, you shall provide iBiz247 with current, complete and accurate information as prompted by the registration form, including your e-mail address. You are solely responsible for any and all activities that occur under your Account. YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE WEBSITE USING YOUR USERNAME OR PASSWORD, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE WEBSITE USING YOUR USERNAME OR PASSWORD. You agree that all actions taken by you, or any other user that accesses the Site using your username and password, at or through the Site will be attributed to and legally bind you, even with respect to acts for which the user had no actual authority or made an error. You assume all resulting liability from use of the Site and any services available on it by you or others using your username or password. Accordingly, you agree not to give your username and password or any other means for individuals other than yourself to gain access to your account and the Services to any other users. If other users are using your account, we reserve the right to suspend your account and issue a new confidential username and password. If this type of unauthorized use occurs repeatedly, as may be consistent with your giving your user name and password to others for the purpose of allowing them to access the Site or Services without payment, then we reserve the right to demand payment from you to cover such additional use in addition to exercising our right to terminate your account without any refund.
You agree to notify iBiz247 immediately upon learning of any unauthorized use of your Account or any other breach of security. From time to time, iBiz247 support staff may log into the Service under your Account in order to maintain or improve service, including without limitation assisting you with technical or billing issues.
You may change or discontinue your account with us at any time. We reserve the right to modify, suspend or terminate access to the Services on our Site at any time for any reason without notice or refund, including the right to require you to change your login identification code or password. We also reserve the right to delete all program and data files associated with your account and/or other information you have on our system. We may modify this Agreement from time to time in our sole discretion and without notice to you. You should review this Agreement periodically to ensure familiarity with its then-current terms and conditions. Your continued use of the Services following any modification of this Agreement shall constitute your acceptance of such modifications to this Agreement. You hereby acknowledge and consent to such access.
FEES AND PAYMENT
Services: When you first register for your paid account with iBiz247 our merchant services, PayPal, will charge your credit card the current fee for the type of account you’ve chosen. iBiz247 does not collect, nor has access to, any of your payment (credit card) information. Initial registration fees are fully refundable if you decide to cancel your subscription within the first 3 days.
Your subscription will continue and renew automatically every month, unless terminated by iBiz247 or until you notify iBiz247 by email or as designated on the Site of your decision to terminate your subscription. If there are any annual, monthly, or similar periodic fees for your subscription, these fees will be billed automatically to the credit card designated during the registration process for the Site or subsequently designated by you to iBiz247, at the start of the annual, monthly, or similar period, and at the start of each renewal period, unless you terminate your subscription before the relevant period begins. You agree to pay or have paid all fees and charges incurred in connection with your username and password for the Site (including any applicable taxes) at the rates in effect when the charges were incurred.
All fees and charges are nonrefundable, except for the initial monthly subscription, which is fully refundable in the first 3 days. iBiz247 may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. All fees and charges incurred in connection with your iBiz247 username and password will be billed to the credit card designated during the registration process for the Site or subsequently designated by you to iBiz247. If you want to designate a different card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Site using your username and password without your authorization, you may contact us at email@example.com. You are also responsible for any fees or charges incurred to access the Site through an Internet service provider or other third party service. YOU, AND NOT iBiz247, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.
To the extent that payment mechanisms are provided through third parties, you acknowledge and agree that we shall have no liability to you arising out of the acts or omissions of such third parties. YOUR CREATION OF A PAID ACCOUNT WITH IBIZ247 CONSTITUTES YOUR CONSENT FOR IBIZ247, INC. and PAYPAL TO CHARGE TO THE CREDIT CARD PROVIDED BY YOU THE CHARGES APPLICABLE TO YOUR PAID ACCOUNT FOR YOUR INITIAL SUBSCRIPTION PERIOD AND FOR ADDITIONAL SUBSCRIPTION PERIODS UNTIL YOUR ACCOUNT IS CANCELED OR TERMINATED. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE THE CREDIT CARD USED TO SET UP YOUR PAID ACCOUNT AND/OR TO PURCHASE ANY PRODUCTS THROUGH IBIZ247, INC. We reserve the right to change our fees at any time for any reason, but, whenever possible, we will give you at least one month of advance notice of such change.
OWNERSHIP OF INTELLECTUAL PROPERTY
You retain all right, title, and interest to all the data that you, your employees or your app users upload or submit to your account in the course of using the Service “Subscriber Data”. You, not iBiz247, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Subscriber Data, and iBiz247 shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. iBiz247 reserves the right to withhold, remove and/or discard Subscriber Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Subscriber Data immediately ceases, and iBiz247 shall have no obligation to maintain or forward any Customer Data.
iBiz247 shall own all rights, title, and interest in and to all intellectual property rights in the Service and software, and transactional and performance data. The license granted to You does not convey any rights in the Service, express or implied, or ownership in the Service or any intellectual property rights thereto. Any rights not expressly granted herein are reserved by iBiz247.
CAUTIONS REGARDING OTHER SUBSCRIBERS CONTENT
You acknowledge and agree that the text, information, data, graphics, images, audio, video, design, organization, compilation, meta data, look and feel, advertising and all other protectable intellectual property (the “Content” or “Subscriber Content”) available through the Services is our property, the property of our advertisers or our third party licensors or suppliers (such licensors and suppliers are referred to as “Information Providers” or “Suppliers” and is protected by copyright and other intellectual property laws and is subject to various terms and conditions as set forth below. iBiz247 is not responsible for the information provided in any part of the Sites or videos, or how the information is interpreted or used.
You understand and agree that Subscriber Content includes information, views, opinions, and recommendations of many individuals and organizations and is designed to help you gather the information you need to help you make your own decisions. Importantly, you are responsible for your own investment and business decisions and for properly analyzing and verifying any information you intend to rely upon. We do not endorse any recommendation or opinion made by any Subscriber, Affiliate or Partner. We do not routinely screen, edit, or review Subscriber Content. However, we reserve the right to monitor or remove any Subscriber Content from the Services at any time without notice. You should be aware that other Subscribers may not be who they say they are. We take no action to perform a background check on any of our Subscribers’ profiles. We do not guarantee that Subscribers’ profiles are accurate. You should also be aware that other subscribers may use our Services for personal gain. As a result, please approach messages with appropriate skepticism. Subscriber Content may be misleading, deceptive, or in error.
GRANT OF RIGHTS AND REPRESENTATIONS BY YOU
If you upload, post or submit any Subscriber Content on a Service, you represent to us that you have all the necessary legal rights to upload, post or submit such Subscriber Content and it will not violate any law or the rights of any person. You agree that upon uploading, posting or submitting information on the Services, you grant us and our respective affiliates and successors a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable right and license to use, distribute, publicly perform, display, reproduce, and create derivative works from your Subscriber Content in any and all media, in any manner, in whole or part, without any duty to compensate you. You also grant us the right to authorize the use of Subscriber Content, or any portion thereof, by Subscribers and other users in accordance with the terms and conditions of this Agreement, including the rights to feature your Subscriber Content specifically on the Services and to allow other Subscribers or users to request access to your Subscriber Content, such as for example through an RSS Feed.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS SITE
Permission to use documents provided by the Site (such as white papers, press releases, datasheets and FAQs) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from this Site is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any such documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the ibiz247.com Site or any other iBiz247 owned, operated, licensed or controlled site. Elements of the Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by iBiz247.
IBIZ247 AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN ANY DOCUMENTS ON OR IN CONNECTION WITH THIS SITE AND RELATED GRAPHICS PUBLISHED ON THIS SITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. IBIZ247 AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL IBIZ247 AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, PROFITS OR REVENUE INCURRED BY YOU OR THIRD PARTIES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS SITE.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES MAY BE PERIODICALLY ADDED TO THE INFORMATION HEREIN. IBIZ247 AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SOFTWARE AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE.
IBIZ247 AND/OR ITS RESPECTIVE SUPPLIERS SHALL, UNDER NO CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, USE OR RELIANCE UPON ANY INFORMATION CONTAINED ON THIS SITE, INTERRUPTIONS, SYSTEM DOWNTIME, ERRORS, DEFECTS, OMISSIONS NON-DELIVERY OF INFORMATION, NEGLIGENCE, DISCLOSURE OF COMMUNICATIONS OR ANY OTHER FAILURE OF PERFORMANCE OF ANY KIND.
YOU AGREE TO RELEASE IBIZ247, ITS MEMBERS, DIRECTORS, AND EMPLOYEES FROM ALL CLAIMS, CAUSES OF ACTION, LAWSUITS, LIABILITY, DAMAGES OR OTHER RESPONSIBILITY, KNOWN AND UNKNOWN, ANTICIPATED OR UNANTICIPATED, FROM THE BEGINNING OF TIME UNTIL THE PRESENT, ARISING OUT OF YOUR USE OF ANY IBIZ247 WEBSITE OR THE CONTENT CONTAINED THEREIN. YOU AGREE TO INDEMNIFY IBIZ247, ITS MEMBERS, DIRECTORS, AND EMPLOYEES AND HOLD THEM HARMLESS FROM ANY COST, CLAIM, LIABILITY OR EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND RELATED COSTS) ARISING OUT OF OR RELATING IN ANY MANNER TO YOUR (I) VIOLATION OF THIS AGREEMENT OR (II) USE OF THE IBIZ247WEB SITE.
LINKS TO THIRD PARTY SITES
ANY LINKS TO THIRD PARTY WEBSITES ON THIS SITE WILL ALLOW YOU TO LEAVE THE IBIZ247 SITE. ANY LINKED SITES ARE NOT UNDER THE CONTROL OF IBIZ247 AND IBIZ247 IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO ANY AND ALL SUCH SITES. TO THE EXTENT ANY SUCH LINKS ARE PROVIDED, IBIZ247 IS PROVIDING SUCH LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY SUCH LINK DOES NOT IMPLY ANY ENDORSEMENT BY IBIZ247 OF THE APPLICABLE LINKED SITE.
We may also remove any Subscriber Content for any reason and without notice to you. This includes all materials related to your use of the Services or subscription, including email accounts, postings, profiles or other personalized information you have created while on the Services.
CONSENT TO ELECTRONIC NOTICES AND OTHER COMMUNICATIONS
You agree that all of your transactions relating to the Site may, at our option, be conducted electronically, including any that we are otherwise required to provide in “writing”. For example, we may send you notices via postings at the Site or via email to any email address that you provide to us during registration as a Site subscriber. If you do not wish to deal with us electronically, you should not use the Site or enter into this Agreement. If applicable law now or later requires us to communicate with you non-electronically, we reserve the right to charge a fee for doing so. Notice will be deemed given 24 hours after the email is sent, unless (for email) we are notified that the email address is invalid. Alternatively, we may give you notice by mail to the address provided during registration.
DISCLAIMERS OF WARRANTIES
YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT AVAILABLE THROUGH THE SERVICES IS ON AN “AS-IS” or “AS AVAILABLE” BASIS AND WE AND OUR INFORMATION PROVIDERS SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. We do not give business or investment advice or advocate the purchase or sale of any goods or services. You should always seek the assistance of a professional for international business advice. iBiz247 and the Information Providers furnish the information available in connection with these Services without responsibility for accuracy and you agree that errors or omissions contained in such information shall not be made the basis for any claim, demand or cause of action against iBiz247 or any Information Provider. We may link to, or promote, websites or services from other companies or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those websites, services and software. The Services includes facts, views, opinions and recommendations of individuals and organizations deemed of interest. Neither iBiz247 nor the Information Providers guarantees the accuracy, completeness or timeliness of, or otherwise endorses, these facts, views, opinions or recommendations, gives investment advice, or advocates the purchase or sale of any security or investment.
NEITHER IBIZ247 NOR THE SERVICE IS INTENDED TO PROVIDE BUSINESS ADVICE. IBIZ247 IS NOT A LEGAL, CUSTOMS BROKER OR BUSINESS ADVISOR. The Service is intended only to assist you in your organization and decision-making and is broad in scope. Your personal business situation is unique, and any information and advice obtained through the iBiz247 Site or this Site may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any strategy, you should consider obtaining additional information and advice from certified international trade advisers who are fully aware of your individual circumstances.
LIMITATIONS ON LIABILITY
NEITHER IBIZ247, NOR ANY INFORMATION PROVIDER, NOR ANY OF THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS (THE “EXCLUDED PARTIES”) WILL BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF SUCH EXCLUDED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE EXCLUDED PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
You agree to indemnify and hold iBiz247 and our respective subsidiaries, affiliates, officers, agents, employees, partners and the Information Providers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Subscriber Content you upload, post, submit or otherwise make available through the Services, your use of the Services, and your violation of this Agreement.
INTERNATIONAL USE OF CONTENT
We make no representation that materials on this Site or through the Services are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Individuals or entities accessing this Site or the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws.
ACKNOWLEDGMENT AND AGREEMENT
iBiz247 reserves the right, in its sole discretion, to terminate your access to all or part of this Site and the Services, with or without notice. We may revise the Agreement at any time by updating this posting. Accordingly, you should visit this page periodically to review the Online Subscription Agreement, because your acceptance of its terms and conditions is binding on you.
ACCURACY AND AVAILABILITY OF INFORMATION
The Site contains database information and other content compiled by iBiz247. While we use commercially reasonable efforts to provide accurate information, iBiz247 gives no warranty as to the accuracy of the database and other content on the Site. iBiz247 reserves the right to withdraw or delete information or content from the Site at any time.
iBiz247 points out that this Terms of Service Agreement excludes “Force Majeure” events – events outside of iBiz247’s reasonable control. This includes actions of third parties, iBiz247 does not control, technical aspects of the Internet as such, and availability and reliability of your Infrastructure, that are connected to and used through iBiz247. Hardware and software in use by the customer can also have a negative impact on iBiz247’s service and this downtime is excluded. As far as any of these aspects have an impact on the service.
UPGRADES AND UPDATES
iBiz247 reserves the right to enhance, upgrade, or modify the Service with or without notice to you. At iBiz247’s sole discretion some upgrades and updates may be made available to You free of charge and some other features and functionalities may require additional fees if you choose to use them.
For purposes of this Agreement, confidential information shall include Customer Data, and any information that is clearly identified in writing at the time of disclosure as confidential (“Confidential Information”). Each party shall: (a) keep confidential all Confidential Information disclosed to it by the other party or by a third-party; (b) not use the Confidential Information of the other party except to the extent necessary to perform its obligations or exercise rights under this Agreement; and (c) protect the confidentiality thereof in the same manner as it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of such Confidential Information). Either party may disclose Confidential Information on a need-to-know basis to its employees or contractors who have executed written agreements requiring them to maintain such information in strict confidence and use it only to facilitate the performance of their services in connection with the performance of the Services. Confidential Information shall not include information which: (1) is known publicly; (2) is generally known in the industry before disclosure; (3) has become known publicly, without fault of the recipient, subsequent to disclosure by the disclosing party; or (4) the recipient becomes aware of from a third party not bound by non-disclosure obligations to the disclosing party and with the lawful right to disclose such information to the recipient. Notwithstanding the foregoing, this Section will not prohibit the disclosure of Confidential Information to the extent that such disclosure is required by law or order of a court or other governmental authority or regulation. With respect to any information received by either party from the other as a result of any other relationship between the parties other than in the course of performance hereunder (e.g., business development, partnership, alliance, etc.), the parties will abide by the terms and conditions of any applicable Nondisclosure Agreement (or similar agreement) executed between the parties.
All payments, fees, and other charges payable by You to iBiz247 under this Agreement are exclusive of all federal, state, local and foreign taxes, levies, and assessments. You are responsible for the payment of all such taxes, levies, and assessments imposed on You or iBiz247 arising out of this Agreement, excluding any tax based on iBiz247’s net income.
iBiz247 represents and warrants that (i) iBiz247 has all rights necessary to grant to You the rights set forth in this Agreement; (ii) the Service will perform substantially in accordance with the user manuals and/or technical requirements documents that are generally provided by iBiz247 in connection with the Service.
DISCLAIMER OF WARRANTIES
THE SERVICE AND THE SOFTWARE ARE PROVIDED “AS IS” AND IBIZ247 HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE, SOFTWARE, DOCUMENTATION, DELIVERABLES, AND OTHER MATERIALS AND/OR SERVICES. CASPIO DOES NOT WARRANT THAT OPERATION OF THE SOFTWARE OR SERVICE IS ERROR-FREE OR THAT ITS OPERATION WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE.
MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES
iBiz247 reserves the right to modify any of the terms and conditions contained in this Agreement, or any policy governing the Service, at any time, by posting the new agreement to the iBiz247 website. You are responsible for regularly reviewing the site. Your continued use of the Service following iBiz247’s posting of the changes will constitute your acceptance of such changes.
COMPLIANCE WITH LAWS
Each party must comply with all laws, rules or regulations applicable to such party’s activities in relation to this Agreement, including export control laws of the United States which are applicable to the Service. Should you wish to use the Services in such a way to make you and your application(s) subject to other industry-specific regulations, you will be solely responsible for compliance with such regulations. Further, you may not use the Services in such a way that would subject iBiz247 to those regulations without obtaining iBiz247’s prior written agreement. For example, you may not use the Services to collect, protect, or otherwise handle “Protected Health Information” (as defined in 45 C.F.R. §160.103 under United States federal regulations) without entering into a separate Business Associate Agreement with iBiz247. iBiz247 will not provide You with any legal advice regarding compliance with data privacy or other relevant laws, rules or regulations in the jurisdictions in which You use the Service (“Laws”). You understand that the Service can be configured and used in ways that do and do not comply with Laws and it is Your sole responsibility to monitor its compliance and Your employee’s compliance with all relevant Laws.
SEVERABILITY AND WAIVER
If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable. The waiver by either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach.
Unless prohibited by law, This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to its conflicts of laws or its principles. You agree, in the event any claim or suit is brought in connection with the iBiz247’s provision of the Services to you, to submit to the jurisdiction of the state of California, and agree to the courts of Santa Clara County, California as the appropriate forum. IN NO EVENT MAY THIS AGREEMENT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS.
U.S. GOVERNMENT RIGHTS
If the use of the Service is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), in accordance with 48 C.F.R. 227.7202-4 (for Department of Defense (DOD) acquisitions) and 48 C.F.R. 2.101 and 12.212 (for non-DOD acquisitions), the Government’s rights in the Software, including its rights to use, modify, reproduce, release, perform, display or disclose the Software or Documentation, shall be subject in all respects to the commercial license rights and restrictions provided in this Agreement.
ASSIGNMENT; CHANGE IN CONTROL
This Agreement may be assigned by iBiz247 to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any actual or proposed change in control of You that results or would result in a direct competitor of iBiz247 directly or indirectly owning or controlling 50% or more of You shall entitle iBiz247 to terminate this Agreement for cause immediately upon written notice.
NOTICES AND SERVICE OF PROCESS
iBiz247 may notify you via postings on https://network.ibiz247.com/, or by the email as provided in your account. You may contact iBiz247 at the address below or by email at firstname.lastname@example.org
iBiz247 International Business Networks, Inc.
ATTN: Legal Department
One America Plaza
600 West Broadway, Ste. 700
San Diego, CA 92101
United States of America
THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
The iBiz247 website has been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the iBiz247 website, and are provided “as is.” No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.
The official text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English version of the website which is the official version.