TERMS OF USE
EFFECTIVE DATE: November 1, 2016
1. LEGAL AGREEMENT.
YOU ARE ENTERING INTO A LEGAL AGREEMENT AND AS SUCH YOU MUST READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS OF USE OR THE POSTED PRIVACY STATEMENT, THEN YOU ARE NOT AUTHORIZED TO ACCESS, REGISTER OR USE THIS WEBSITE FOR ANY PURPOSE.
2. USER AGREEMENT.
As a condition of your use of our website, you agree that: (i) You are an individual person at least 18 years of age; (ii) You possess the authority to create a binding legal obligation; (iii) Your use of our website will, at all times, comply with the terms of this Agreement; (iv) You have the legal right to provide any and all information you submit on the website; (v) The information is only about you; and (vi) all such information is accurate, true, current and complete.
By using this Website, you agree to be bound by, and to comply with, these Terms of Use and the posted Privacy Statement. As such, the Privacy Statement is hereby incorporated by reference into these Terms of Use as though fully set forth herein. If, at any time, you do not wish to be bound by these conditions or you are unsatisfied with the website, its content or other legal notices, you agree that your sole and exclusive remedy is to discontinue using this Website.
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep our website accessible, it may be unavailable from time to time for any reason including, without limitation, routine maintenance. You agree that due to circumstances both within and outside of our control access to our website may be interrupted, suspended or terminated. We retain the right, in our sole discretion, to deny service or access to our website to anyone at any time and for any reason.
3. CHANGES TO TERMS AND CONDITIONS AND POLICIES.
We reserve the right, in our sole discretion, to change, modify or otherwise alter the Terms of Use or Privacy Statement, which appear on our website at any time for any reason which change, modification or alteration is effective upon posting on our website without further notice to you. It is your responsibility to review the Terms of Use and Privacy Statement for changes periodically. Your continued use of our website following the posting of changes and/or modifications will constitute your acceptance of the changes and/or modifications.
4. PROHIBITED USER CONDUCT.
You are prohibited from any conduct that, in our sole discretion, restricts or inhibits any other user from using or enjoying our website or any linked website. You are prohibited from accessing or attempting to access private areas of the website or any other user’s information. You are prohibited from impersonating any person or entity or otherwise falsely stating or misrepresenting your affiliation with a person or entity.
You are prohibited from using any data, content, or any information provided or used on our website. You are prohibited from using our website, products and services to infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any person or entity, including third parties. You are prohibited from using any data, content or information which contains or promotes any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the website, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct.
5. INTELLECTUAL PROPERTY.
The content of our website, such as text, graphics, images and other content ( “Website Content”) are protected by copyright under both United States and foreign laws. These Terms of Use do not grant you any license whatsoever to the Website Content. We authorize you to view and download a single copy of the Website Content for your non-commercial personal use. Unauthorized use of the Website Content violates copyright, trademark, and other laws. You agree to retain all copyright and other proprietary notices contained in the original Website Material on any copy of such material. Except as expressly provided herein, you may not sell or modify our Website Content or reproduce, display, distribute, or otherwise use the Website Content in any way for any public or commercial purpose. Use of our Website Content on any other website or in a networked environment is prohibited. We retain all intellectual property rights to our Website Content.
6. ENROLLMENT INTO NEWSLETTER
By registering and requesting information on our website, you are giving your consent to receive follow-up email promotions and newsletters from our website. Such newsletters and email promotions will contain commercial marketing. As such, you are agreeing to receive commercial promotional material of ours via email or SMS. If you do not wish to receive these promotional materials via email, you may request to be removed by using the opt-out mechanism listed in the email messages you receive. To opt-out of all promotions from us alone, you may send an e-mail to Service@memberbisnis.online.
7. DISCLAIMER OF WARRANTIES.
A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (i) YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK; (ii) THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS; (iii) EXCEPT AS EXPRESSLY PROVIDED HEREIN WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT; (iv) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK; (v) YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR OPENING ANY EMAIL SENT BY US; (vi) WE MAKE NO WARRANTY WITH RESPECT TO THE ACCURACY, THE RESULTS THAT MAY BE OBTAINED OR THE RELIABILITY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED OR ADVERTISED THROUGH OUR WEBSITE OR THAT THE CONTENT PROVIDED ON OUR WEBSITE IS APPLICABLE TO, OR APPROPRIATE FOR USE, IN LOCATIONS OUTSIDE OF THE UNITED STATES; AND (vii) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
B. EXCEPT AS EXPRESSLY STATED HEREIN WE MAKE NO WARRANTY THAT: (i) ANY PRODUCT OR SERVICE WILL MEET YOUR REQUIREMENTS; (ii) ANY PRODUCT OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY PRODUCT OR SERVICE WILL BE ACCURATE OR RELIABLE: (iv) THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ANY PRODUCT OR SERVICE WILL MEET YOUR EXPECTATIONS; OR (v) ANY DEFECTS WILL BE CORRECTED.
8. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO: (i) YOUR USE OF OUR WEBSITE; (ii) RESULTING FROM THE USE OR THE INABILITY TO USE OUR SERVICES; OR (iii) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. THIS LIMITATION INCLUDES BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH OUR WEBSITE OR ITS SERVICE OR PROMOTIONS AVAILABLE THROUGH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE ACCESSING OR USING OUR WEBSITE.
9. EXCLUSIONS AND LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10. CHOICE OF LAW, VENUE AND JURISDICTION.
This website is controlled by memberbisnis.online from its offices within the State of Florida U.S. of America. It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by the Internet. As each of these places has laws that may differ from the State of Florida, by accessing this website, both you and memberbisnis.online agree that the statutes and laws of the State of Florida shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this website, without regard to conflicts of laws principles thereof. You and memberbisnis.online also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Sarasota, Florida and any legal proceedings shall be conducted in English. memberbisnis.online makes no representation that materials on its website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. If the law of your state, or U.S. Territory does not permit your participation in this Service, then you are responsible for complying with such laws and you agree to indemnify memberbisnis.online against any action you undertake to use the memberbisnis.online. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.
11. Digital Millennium Copyright Act (DMCA) Procedures.
We reserve our right to terminate our agreement with you or any other end user who infringes third party copyrights. If you believe that any material has been posted on or through our website that in any way constitutes copyright infringement, you shall provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Website of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. This notice should be sent to memberbisnis.online.
12. GENERAL TERMS.
If any provision of these Terms of Use is held to be invalid or unenforceable, the provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use and posted Privacy Statement set forth the entire understanding and agreement between us with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between our representatives and you with respect to the subject matter hereof, including any terms and conditions on any of the customer’s documents or purchase orders.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms and Conditions or your use of the website. Our performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained herein is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.