General
NetBizCommunity.com and, its subsidiaries, affiliates, and IcoLogic
Inc. (collectively "NetBizCommunity.com") provide you with access to
this Web site and the services available on this Web site, or other Web
sites as indicated below, (collectively, the "Services," which will be
defined more under the Section, "Services."). Access to and use of the
Services is governed by these Terms of Use (the "Agreement"). By
accessing or using the Services, you indicate your assent to be bound
by the Agreement, and your acknowledgment of and agreement to its
terms.
Services
The Services include NetBizCommunity.com Search and Advertising
(located at http://NetBizCommunity.com) (the "Search and Advertising
Services"). The Services may also be located on third party web sites
and/or applications. Our Search and Advertising Services enable you to
search the World Wide Web for anything that interests you, whether it
is fly fishing, medical research or digital cameras. We provide you
with search listings of advertisers of NetBizCommunity.com (as well as
search listings provided to NetBizCommunity.com by a third party to
supplement the advertiser listings) that help you find what you are
looking for.
The Services act as a system or venue to introduce you to buyers and
sellers of goods and services and providers of information.
NetBizCommunity.com uses reasonable efforts to ensure the availability
of the information and content, including links, that it makes
available through the Services. However, the Services are composed of
content not offered by NetBizCommunity.com. NetBizCommunity.com does
not control (i) the quality, safety or legality of items available
through or on its advertisers' Web sites or sites of third parties not
in privacy of contract with NetBizCommunity.com, (ii) the truth or
accuracy or legality of the content from those advertisers or those
third parties (even if such content appears on the Services), or (iii)
the availability or technical capabilities of their Web sites or links
to those Web sites. NetBizCommunity.com is not liable or responsible
for content supplied by third parties, or for actions you might take in
reliance on that content.
Nothing contained in any of the Services is an offer or promise to sell
a specific product for a specific price or that any advertiser will
sell any product or service for any purpose or price or on any specific
terms. NetBizCommunity.com does not guarantee the price, terms,
product, availability and/or services offered by any advertiser.
For all of the Services, NetBizCommunity.com is not involved in any
transactions between you and any of its advertisers, and is not
responsible for, and does not guarantee the price or performance of any
goods, services or information provided by advertisers. If you have a
dispute with one or more advertisers, you agree to release and hereby
release NetBizCommunity.com (and NetBizCommunity.com's officers,
directors, agents, subsidiaries, affiliates, employees, successors,
assigns, content providers and service providers) from claims, demands
and damages (actual and consequential) of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such disputes.
NetBizCommunity.com's entire liability
and a customers and/or advertisers exclusive recourse shall be limited
to the paid price of our product or service. All recourse is
limited to customers and/or advertisers within the United States.
All others outside of the United States give up recourse rights in
their entirety. Because of the special offers included with
NetBizCommunity.com advertising, NetBizCommunity.com does not offer
refunds for advertising for reasons other than NetBizCommunity.com
being unable to meet stated obligations to promote an advertiser, and
this is at NetBizCommunity.com's sole discretion. Out of service
web sites do not qualify for advertising refunds, not do poor
performing advertising campaigns. In the even that
NetBizCommunity.com does issue a refund, it will be proportional to the
unused amount of advertising.
By submitting an email address to
NetBizCommunity.com whether directly from our web site, our network web
sites, or a third-party submission service, you are agreeing to accept
email from NetBizCommunity.com.
NetBizCommunity.com may require a valid
email address to be used with each active listing in our listing
database. We allow the ability of the advertiser to remove their
email address at any time from the listing by following the procedure
outline in our Webmaster Frequently Asked Questions,
however removing an email address may disqualify the listing from
certain promotions, features and services. You agree to release
and hereby release NetBizCommunity.com from any liability involved with
the consequences of removing your email address from any listing(s).
While NetBizCommunity.com happily allows
automated submissions, we do require that each URL submitted through
automated processes includes a valid email address that is read by the
web site owner/manager, or the person(s) otherwise responsible for the
web page found at that URL.
Only Personal Use is Authorized
Under this Agreement, NetBizCommunity.com gives you permission to
access and use the Services for your personal use, and to copy,
distribute and transmit the content of the Services only to the extent
that such copying, distribution, and transmission is automatically done
through your browser software incidentally to using the Services for
your personal use. You may also print a copy of the information
displayed on the Services for your personal use. That means, that
except as set forth above, you may not modify, reformat, copy, display,
distribute, transmit, publish, license, create derivative works from,
transfer or sell any information, products, or service obtained by your
use of the Services. This restriction means, among other things, that
you may not mirror on your own Web site any portion of the Services or
display through your own Web site any results pages or other
information from the Services without NetBizCommunity.com's express
permission. This includes linking to images on NetBizCommunity.com from
an external web site, which is strictly prohibited.
The technology underlying, and content within, the Services is owned by
NetBizCommunity.com and/or its licensors (including
NetBizCommunity.com's advertisers and other content providers) and is
protected by copyright and other intellectual property or proprietary
rights. If you use the Services other than as provided above, you may
violate copyright and other laws of the United States, other countries,
as well as applicable state laws and may be subject to penalties. That
would not be a good thing. As between you and NetBizCommunity.com,
NetBizCommunity.com owns and retains all ownership of the technology
underlying and content within the Services, and reserves all rights not
explicitly granted to you in this Agreement.
Using an automated process to gather data
from NetBizCommunity.com is not personal use. Use of
"screen-scrapers" or other software to gather information from dynamic
web pages is a form of denial-of-service attack and we will report such
activity to the United States Department of Homeland Security.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND.
NetBizCommunity.COM DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
NetBizCommunity.com Potential Liability for the Services
is Limited
NEITHER NetBizCommunity.COM NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS,
SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT
PROVIDERS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE
SERVICES, OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICES.
NetBizCommunity.COM WILL NOT BE LIABLE FOR ANY MATERIAL OF WEB SITES IT
LINKS TO AS PART OF THE SERVICES OR FOR INFORMATION CONTAINED IN OR
PART OF THE SERVICES INCLUDING BUT NOT LIMITED TO SEARCH RESULTS.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF
NetBizCommunity.COM, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS,
AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY SUCH STATE LAW.
Copyright Infringement
In notifying NetBizCommunity.com of alleged
copyright infringement, you must include the following information: A
description of the copyrighted work that is the subject of claimed
infringement A description of the infringing material and information
sufficient to permit NetBizCommunity.com to locate the alleged material
Contact information for you, including your address, telephone number
and/or email address A statement by you that you have a good faith
belief that the material in the manner complained of is not authorized
by the copyright owner, or its agent, or by the operation of any law A
statement by you, signed under penalty of perjury, that the information
in the notification is accurate and that you have the authority to
enforce the copyrights that are claimed to be infringed A physical or
electronic signature of the copyright owner or a person authorized to
act on the owner's behalf
Failure to include all of the above-listed information may result in
the delay of the processing of your complaint. For more information on
the Digital Millennium Copyright Act please visit the United States
Copyright Office at http://lcweb.loc.gov/copyright/onlinesp/.
NetBizCommunity.com does not arbitrate or resolve trademark disputes
among NetBizCommunity.com advertisers or between those advertisers and
third parties. However, NetBizCommunity.com will promptly comply with
an order of a court of competent jurisdiction concerning a trademark
issue. NetBizCommunity.com occasionally receives requests to remove
listings from within the Services. NetBizCommunity.com reserves the
right to address such requests on a case-by-case basis.
Right to Censure
NetBizCommunity.com does not wish to promote web pages that contain
pornographic, vulgar, profane, adult-themed, racially divisive,
violent, illicit or illegal content. We incorporate a variety of
filtering mechanisms, both automatic and manual. Our intent is to
make all of our search results acceptable for all viewing ages by
displaying the best of what the Internet has to offer. Without
limitation, any URL's inclusion in the NetBizCommunity.com database may
be terminated, where NetBizCommunity.com, in its sole discretion deems
it inappropriate for any reason. As an example, any web page that draws
the distinction of race or sexual orientation would be considered
inappropriate.
Objectionable Material
NetBizCommunity.com encourages you to use discretion when browsing the
Internet or using the Services. The Services may contain information
that you find objectionable, harmful, deceptive or otherwise
inappropriate, especially for children. To ensure you do not receive
offensive material, nevertheless, you must install your own filtering
software if you wish to limit the content available through the
Services.
If you come across any site that you believe contains child pornography
or other illegal material, please contact admin@NetBizCommunity.com and
we will contact the authorities as appropriate.
Privacy and Data Collection
You should consider any communication that you transmit to
NetBizCommunity.com (such as data, questions or answers, comments, or
suggestions) as non-confidential, and agree that NetBizCommunity.com
will not be liable or responsible if information that belongs to you is
intercepted and used by an unintended recipient.
When submitting a URL and email address
to NetBizCommunity.com for possible inclusion in our search listings,
you agree to receive a welcome email from NetBizCommunity.com as well
as future notifications from NetBizCommunity.com. You may opt out
of future mailings at anytime, though doing so may limit you in your
ability to benefit from certain features and/or promotions.
Control over Features, Functions, and Access to the
Services
NetBizCommunity.com reserves the right to change any information,
features and functions of the Services without prior notice.
NetBizCommunity.com may deny you access to all or part of the Services
without prior notice if you engage in any conduct or activities that
NetBizCommunity.com determines, in its sole discretion, violate this
Agreement, the rights of NetBizCommunity.com or any third party, or is
otherwise inappropriate.
Choice of Law, Waiver, and Claims
This Agreement shall be governed by the laws of the State of Alaska
without regard to its conflict of law provisions. NetBizCommunity.com
failure to exercise or enforce any right or provision of the Agreement
will not be deemed to be a waiver of such right or provision. If any
provision of this Agreement is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of this Agreement
remain in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising
out of or related to use of the Services must be filed within one (1)
year after such claim or cause of action arose or be forever barred.
Arbitration
Any controversy or claim arising out of or relating to this Agreement
or the Services will be settled by binding arbitration in accordance
with the commercial arbitration rules of the American Arbitration
Association. Any such controversy or claim must be arbitrated on an
individual basis, and must not be consolidated in any arbitration with
any claim or controversy of any other party. The arbitration must be
conducted in Houston, Texas, and judgment on the arbitration award may
be entered into any court having jurisdiction thereof. Either you or
NetBizCommunity.com may seek any interim or preliminary relief from a
court of competent jurisdiction in Houston, Texas, as necessary to
protect the rights or property of you or NetBizCommunity.com
Amendment
NetBizCommunity.com may alter or amend this Agreement at any time by
posting the altered or amended terms on its Web site. All altered or
amended terms are automatically effective immediately and
retroactively. This Agreement may not be otherwise amended except
in a written document signed by you and NetBizCommunity.com.
Contacting Us
If you have any questions about our site, this agreement, or our
general procedures, please contact: Admin@NetBizCommunity.com
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