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Disclaimer & Terms Of Use
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Biz Ebooks
and Software Web Site Agreement
The Biz-Ebooks-And-Software.Biz
Web Site (the "Site") is an online information
service provided by Biz Ebooks and Software ("Biz-Ebooks-And-Software.Biz
"), subject to your compliance with the terms and
conditions set forth below. PLEASE READ THIS DOCUMENT
CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR
USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY
THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE
SITE. Biz-Ebooks-And-Software.Biz MAY MODIFY THIS AGREEMENT AT
ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE
SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE
AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE
OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE
MODIFIED AGREEMENT.
1. Copyright,
Licenses and Idea Submissions.
The entire
contents of the Site are protected by international copyright
and trademark laws. The owner of the copyrights and trademarks
are Biz-Ebooks-And-Software.Biz, its affiliates or other third
party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE,
REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY
MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS,
CODE AND/OR SOFTWARE. You may print and download portions of
material from the different areas of the Site solely for your
own non-commercial use provided that you agree not to change
or delete any copyright or proprietary notices from the
materials. You agree to grant to Biz-Ebooks-And-Software.Biz a
non-exclusive, royalty-free, worldwide, perpetual license,
with the right to sub-license, to reproduce, distribute,
transmit, create derivative works of, publicly display and
publicly perform any materials and other information
(including, without limitation, ideas contained therein for
new or improved products and services) you submit to any
public areas of the Site (such as bulletin boards, forums and
newsgroups) or by e-mail to Biz-Ebooks-And-Software.Biz by all
means and in any media now known or hereafter developed. You
also grant to Biz-Ebooks-And-Software.Biz the right to use
your name in connection with the submitted materials and other
information as well as in connection with all advertising,
marketing and promotional material related thereto. You agree
that you shall have no recourse against Biz-Ebooks-And-Software.Biz
for any alleged or actual infringement or misappropriation of
any proprietary right in your communications to Biz-Ebooks-And-Software.Biz.
TRADEMARKS.
Publications,
products, content or services referenced herein or on the Site
are the exclusive trademarks or servicemarks of Biz-Ebooks-And-Software.Biz.
Other product and company names mentioned in the Site may be
the trademarks of their respective owners.
2. Use of the
Site.
You understand
that, except for information, products or services clearly
identified as being supplied by Biz-Ebooks-And-Software.Biz,
Biz-Ebooks-And-Software.Bizdoes not operate, control or
endorse any information, products or services on the Internet
in any way. Except for Biz-Ebooks-And-Software.Biz- identified
information, products or services, all information, products
and services offered through the Site or on the Internet
generally are offered by third parties, that are not
affiliated with Biz-Ebooks-And-Software.Biz a. You also
understand that Biz-Ebooks-And-Software.Biz cannot and does
not guarantee or warrant that files available for downloading
through the Site will be free of infection or viruses, worms,
Trojan horses or other code that manifest contaminating or
destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and output,
and for maintaining a means external to the Site for the
reconstruction of any lost data.
YOU ASSUME
TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE
INTERNET. Biz-Ebooks-And-Software.Biz PROVIDES THE SITE AND
RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY
EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE
OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE
PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND
Biz-Ebooks-And-Software.Biz SHALL NOT BE LIABLE FOR ANY COST
OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE,
SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY. Biz-Ebooks-And-Software.Biz
DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR
ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND
FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR
RISK. Biz-Ebooks-And-Software.Biz HAS NO CONTROL OVER AND
ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION
OF LIABILITY
IN NO EVENT WILL Biz-Ebooks-And-Software.Biz BE LIABLE FOR (I)
ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR
ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION
OR SERVICE. EVEN IF Biz-Ebooks-And-Software.Biz OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR
MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE.
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, Biz-Ebooks-And-Software.Biz
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Biz-Ebooks-And-Software.Biz
makes no representations whatsoever about any other web site
which you may access through this one or which may link to
this Site. When you access a non-Biz-Ebooks-And-Software.Biz
web site, please understand that it is independent from Biz-Ebooks-And-Software.Biz,
and that Biz-Ebooks-And-Software.Biz has no control over the
content on that web site. In addition, a link to a Biz-Ebooks-And-Software.Biz
web site does not mean that Biz-Ebooks-And-Software.Biz
endorses or accepts any responsibility for the content, or the
use, of such web site.
3.
Indemnification.
You agree to
indemnify, defend and hold harmless Biz-Ebooks-And-Software.Biz,
its officers, directors, employees, agents, licensors,
suppliers and any third party information providers to the
Service from and against all losses, expenses, damages and
costs, including reasonable attorneys' fees, resulting from
any violation of this Agreement (including negligent or
wrongful conduct) by you or any other person accessing the
Service.
4. Third Party
Rights.
The provisions of
paragraphs 2 (Use of the Service), and 3 (Indemnification) are
for the benefit of Biz-Ebooks-And-Software.Biz and its
officers, directors, employees, agents, licensors, suppliers,
and any third party information providers to the Service. Each
of these individuals or entities shall have the right to
assert and enforce those provisions directly against you on
its own behalf.
5.Term;
Termination.
This Agreement may
be terminated by either party without notice at any time for
any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6
(Miscellaneous) shall survive any termination of this
Agreement.
6.Miscellaneous.
This Agreement
shall all be governed and construed in accordance with the
laws of The United States of America applicable to agreements
made and to be performed in The United States of America. You
agree that any legal action or proceeding between Biz-Ebooks-And-Software.Biz
and you for any purpose concerning this Agreement or the
parties' obligations hereunder shall be brought exclusively in
a federal or state court of competent jurisdiction sitting in
The United States of America . Any cause of action or claim
you may have with respect to the Service must be commenced
within one (1) year after the claim or cause of action arises
or such claim or cause of action is barred. Biz-Ebooks-And-Software.Biz's
failure to insist upon or enforce strict performance of any
provision of this Agreement shall not be construed as a waiver
of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any
provision of this Agreement. Biz-Ebooks-And-Software.Biz may
assign its rights and duties under this Agreement to any party
at any time without notice to you.
Any rights not
expressly granted herein are reserved.
COPYRIGHT NOTICE.© 1999-2005 PriorityDigital.com
Prepared for: Biz-Ebooks-And-Software.Biz ,All rights reserved.
Get your own free disclaimer on-line here.
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