AmericaEBusiness.com TM
Business Web
Site Services
TERMS OF SERVICE
The following are the rules that govern use of the
AmericaEBusiness.com web site and the services that we may offer (the
"Site"), including without limitation email, a searchable directory
of business web sites, links to other web sites, and access to news and
information. By using the Site, you agree to be bound by these Terms and
Conditions of Use (the "TCU"), including but not limited to the Privacy Policy
and other usage guidelines and rules that may be posted from time to time, all
of which are incorporated herein by reference, and to follow the TCU and all
applicable laws and regulations governing the Site. If you do not agree, do not
enter or use the Site. AmericaEBusiness.com may update the TCU from time to
time. You are responsible for checking this page periodically for changes and
updates to the TCU. Your use of the Site following any posted change(s) to the
TCU will be deemed an acceptance of such change(s). In addition, when using the
Site, you shall be subject to any posted guidelines or rules, which may be
posted from time to time. All such guidelines or rules are hereby incorporated
by reference into the TCU.
This Site is not intended for use by persons under the age of
thirteen. Individuals who are under thirteen are expressly prohibited from
posting any personally identifiable information about themselves.
Data and information relating to securities or otherwise is
provided for informational purposes only, and is not intended for trading
purposes.
Please direct any questions you may have about the TCU, or any
other legal matters, to the following e-mail address: Information@AmericaEBusiness.com
1. AmericaEBusiness.com's Proprietary Rights and Permitted Use
The Site, including without limitation any content, software and
services offered thereon, are the property of AmericaEBusiness.com and/or its
suppliers. It is protected by the copyright and/or other intellectual property
laws of the United States and internationally. You are hereby authorized solely
to view and to retain a copy of pages of this Site for your own personal use.
Do not duplicate, publish, modify, or otherwise distribute the material on this
Site unless specifically authorized in writing by AmericaEBusiness.com to do
so. Legal notices and various other acknowledgements and credits are posted on
pages of the Site. Do not remove these legal notices or other acknowledgements
or credits, or any related information, contained on pages of the Site.
You hereby acknowledge and agree that, as between
AmericaEBusiness.com and you, all right, title, and interest in and to the Site
and the provision thereof, including without limitation any patent rights,
patents, business methods, copyrights, trademarks, trade secrets, inventions,
know-how, and all other intellectual property rights pertaining thereto, shall be
owned exclusively by AmericaEBusiness.com. Except as expressly authorized by
AmericaEBusiness.com herein, you agree not to make, copy, display, modify,
rent, lease, license, loan, sell, distribute, or create derivative works of the
Site, in whole or in part. You agree not to access the Site by any means other
than through the interface that is provided by AmericaEBusiness.com for use in
accessing the Site. In connection with your use of the Site,
AmericaEBusiness.com may make software available to you for download from the
Site; your download and use of such software shall be pursuant to a separate
license agreement that shall be agreed to upon your download or installation of
such software.
2. User Contributions to the Site
AmericaEBusiness.com provides users with the opportunity to
contribute to the Site and to communicate with other users. You understand that
all information, data, text, links, articles, software, photographs, graphics,
video, music, sound, messages, or other materials posted by you on the Site
(collectively, the "User Content"), whether publicly posted or
privately transmitted, are the sole responsibility of you or other users
posting or transmitting such User Content. This means that you, and not
AmericaEBusiness.com, are entirely responsible for all User Content that you
upload, post, email, or otherwise transmit via the Site. It is your obligation
to ensure that no copyright, trademark, trade secret, publicity or privacy
rights, or other intellectual property rights are being violated by your
posting or transmission of any User Content via the Site.
AmericaEBusiness.com does not control or pre-screen the User
Content posted via the Site or sent to another user and, as such, does not
guarantee the accuracy, integrity, appropriateness, or quality of such User
Content. The User Content posted by users or other third parties does not
necessarily represent the views or opinions of AmericaEBusiness.com and under
no circumstances will AmericaEBusiness.com be liable in any way for any User Content,
including, but not limited to, any loss or damage of any kind incurred as a
result of the use of any User Content posted, emailed, or otherwise transmitted
via the Site.
Users can be held liable for any illegal or prohibited User Content
they provide to the Site or to other users, including, for example, infringing,
defamatory, or offensive materials. So that the Site is available for all users
to enjoy, you may not, and hereby represent and warrant that you will not,
post, transmit, email or otherwise make accessible on or through the Site User
Content that:
Is unlawful, harmful, threatening,
tortious, defamatory, libelous, abusive, disparaging, pedophilic, pornographic,
obscene, invasive of another's privacy, hateful, or malicious; contains hate propaganda
or promotes discrimination or violence against any people on account of their
race, national origin, religion, age, gender, disability, or sexual
orientation; is or could be harmful to minors; harasses or advocates harassment
of another person; involves the transmission of "junk mail,"
"chain letters," or unsolicited mass mailing (or
"spamming"); promotes information that you know is false, misleading,
or promotes illegal activities or conduct; is or promotes an illegal or
unauthorized copy of another person's work, such as providing pirated computer
programs or links to them, or providing information to circumvent
manufacture-installed copy-protect devices; infringes any patent, copyright,
trademark, service mark, trade secret, or other proprietary right of any other
party; contains restricted password only access pages, or hidden pages or
images (those not linked to or from another accessible page); provides material
that exploits people under the age of 18 in a sexual or violent manner, or solicits
personal information from anyone under 18; provides instructional information
about illegal activities such as making or buying illegal weapons, or providing
or creating computer viruses; contains a software virus or any other code files
or programs that are designed to or have the ability to interrupt, destroy,
compromise, or otherwise limit the functionality of any computer software or
hardware or telecommunications equipment whether owned by AmericaEBusiness.com
or any other party; solicits passwords, or personal identifying information for
commercial or unlawful purposes from other users; or otherwise violates any
local, state, national or other applicable law or regulation.
In addition, you may not, in connection with your use of the Site:
Impersonate any person or entity, including
a AmericaEBusiness.com officer or employee, or falsely misrepresent your
affiliation with any other person or entity; forge headers or otherwise
manipulate identifiers for the purpose of disguising the origin of any User Content
posted or transmitted through or on the Site; engage in commercial activities
and/or sales without AmericaEBusiness.com 's prior written consent including,
without limitation, contests, sweepstakes, barter, or advertising; post or
transmit any Content that you do not have the right to post or transmit; post
or submit unsolicited commercial e-mail, chain letters, pyramid schemes, or
seek or encourage others to engage in these activities; disrupt the ordinary
flow and operation of any portion of the Site, including causing a screen to
scroll faster than another User may be able to type in a chat room or bulletin
board environment; interfere with or disrupt the Site or any server or network
involved with the operation of the Site; stalk or harass any other person; or
collect or "harvest" from the Site the names of other users for the
purpose of transmitting to those other users unsolicited commercial messages.
If you discover this kind of material or activity on the Site,
please notify us at Information@AmericaEBusiness.com.
3. License To User Content
With respect to User Content you elect to post or transmit for
inclusion in or on the Site, you grant AmericaEBusiness.com and its affiliates and
partners the perpetual, world-wide, royalty free, non-exclusive, sub-licensable
license as follows: to use, reproduce, translate, alter, perform, display,
modify, adapt, and publish such User Content, in whole or in part, in all
present and future media and in any manner relating to the Site (including
without limitation in connection with the appearance of such User Content on
AmericaEBusiness.com and on the sites of our affiliates, partners and others
with whom AmericaEBusiness.com may have business relationships relating to the
Site) and the distribution and promotion of the Site. You further agree that
AmericaEBusiness.com is free to use any ideas, know-how, concepts, techniques
or other materials you send us for any purpose.
Without limitation of any of the rights granted to
AmericaEBusiness.com herein, you acknowledge and agree that
AmericaEBusiness.com may preserve User Content and may also disclose User
Content if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce the TCU; (c) respond to claims that any User Content
violates the rights of third-parties; or (d) protect the rights, property, or
personal safety of AmericaEBusiness.com, its users and the public.
4. Indemnity
You agree to indemnify and hold AmericaEBusiness.com, its
subsidiaries, affiliates, officers, agents, co-branders, and other partners and
employees, harmless from any loss, liability, claim or demand, including
reasonable attorney's fees, made by any third party due to or arising out of
User Content you submit, post to, or transmit through the Site, your use of the
Site, including your use of the Site to provide a link to another Site or to
upload content or other information to the Site, or your violation of the TCU
or any applicable laws or the rights of another.
5. Links and Search Results
The Site may provide links and automatically produce search
results, or third parties may provide information, that reference or link to
other World Wide Web sites or resources. AmericaEBusiness.com has no control
over such sites and resources, and you acknowledge and agree that
AmericaEBusiness.com is not responsible for the content or information
contained therein. AmericaEBusiness.com cannot and does not guarantee,
represent, or warrant that the content or information contained in such
third-party sites is accurate, legal and/or inoffensive. AmericaEBusiness.com
does not endorse the content or information of any third-party site or resource,
and further does not warrant that such sites or resources will not contain
viruses or otherwise impact your computer. By using the Site to search for or
link to another site, you agree and understand that AmericaEBusiness.com shall
not be responsible or liable, directly or indirectly, for any damages or loss
caused or alleged to be caused by or in connection with your use of, or
reliance on, the Site to obtain search results and/or to link to another site.
However, if you have a problem with a link from the Site, please let us know at
Information@AmericaEBusiness.com.
6. No Resale of Site
You agree not to reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes, any portion of the Site, use of the Site,
or access to the Site, without the express, prior written consent of
AmericaEBusiness.com in each instance.
7. Modifications to Site
AmericaEBusiness.com reserves the right at any time and from time
to time to modify or discontinue, temporarily or permanently, the Site (or any
part thereof) with or without notice. You agree that AmericaEBusiness.com shall
not be liable to you or to any third party for any modification, suspension, or
discontinuance of the Site.
8. Suspension and/or Termination Rights
AmericaEBusiness.com reserves the right, at its sole discretion,
immediately and without notice, to suspend or terminate the TCU, your
registration for any program, your ability to access the Site, your ability to
utilize any email services offered on the Site, and/or to remove any User
Content, for any reason, including without limitation any breach by you of the
TCU or conduct by you that AmericaEBusiness.com determines to be inappropriate.
You agree that AmericaEBusiness.com shall not be liable to you or any
third-party for any suspension or termination pursuant to this provision.
9. Copyright Policy
AmericaEBusiness.com understands and respects the importance of
intellectual property.
10. Your Registration Obligations
In consideration of your use of the Site, you agree to: (a) provide
true, accurate, current and complete information about yourself as prompted by
the Site's registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration Data to keep
it true, accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or AmericaEBusiness.com has
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, AmericaEBusiness.com has the right to suspend,
terminate, or refuse any and all current or future use of the Site (or any
portion thereof).
11. Privacy Policy
We believe that your privacy and the privacy of all of our users is
important. Please click here to review our Privacy Policy , to which you hereby agree. Upon
registering on the Site, you may be given an opportunity to "opt in"
to receive mailings from AmericaEBusiness.com and/or its partners by
"checking" on a box in the registration form. If you submit the
registration form with the box checked, you thereby consent to being placed on
this mailing list. You may subsequently contact us to request to be removed
from this list. (For purposes of the TCU, "partners" includes, in
addition to third parties with whom AmericaEBusiness.com may have co-branding
arrangements or some other business relationship or alliance, as such term is
defined below.)
12. Back-Up
AmericaEBusiness.com is not liable for any lost data resulting from
the operation of our Site and/or the enforcement of the TCU (including without
limitation content from any e-mail account hosted by AmericaEBusiness.com), and
is not obligated to maintain back-up copies of any contributed User Content or
e-mail messages. We recommend that you retain a copy of all User Content that
you post or distribute to, or through, the Site.
You understand and agree that AmericaEBusiness.com may release
information about you if required by law or subpoena, or if the information is
necessary or appropriate to release to address an unlawful or harmful activity.
13. Password and Security
You may receive a password and account designation upon completing
the Site's registration process. If so, you are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for all
activities that occur under your password or account. You agree to (a)
immediately notify AmericaEBusiness.com of any unauthorized use of your
password or account or any other breach of security, and (b) ensure that you
exit from your account at the end of each session. AmericaEBusiness.com cannot
and will not be liable for any loss or damage arising from your failure to
comply with this Section. Without limitation to the generality of the
foregoing, due to the nature of Internet, computers, data flow, and other
technical and economical practicalities, the Site, like most computer data and
Internet applications, is vulnerable to various security issues and hence
should be considered unsecured. By using the Site and the Internet in general,
you may be subject to various risks, including, among others, eavesdropping,
sniffing, spoofing, forgery, spamming, "imposturing", tampering,
breaking passwords, harassment, fraud, electronic trespassing, hacking, system
contamination including without limitation, viruses, worms, Trojan horses,
causing unauthorized, damaging or harmful access and/or retrieval of
information and data on your computer and other forms of activity that may even
be considered unlawful. Information (including Registration Data, passwords and
User Content) received or delivered or intended to be made available on and
through the Site may be subject to these and other security or privacy hazards
or may not reach its destination or reach an erroneous address or recipient.
The Site is not different than other applications in this respect. Without
limitation of the foregoing, although we take seriously the security of all
member accounts and other personal and non-personal information associated with
our visitors and participants, due to the open communication nature of the
Internet, we can not guarantee that your account will be free from unauthorized
access by third parties.
14. Disclaimer of Warranties
You expressly understand and agree that your use of the Site is at
your sole risk. The Site, and its content, are delivered on an "as
is" and "as available" basis. AmericaEBusiness.com expressly
disclaims all warranties of any kind, whether express or implied, including,
but not limited to, the implied warranties of merchantability, fitness for a
particular purpose, or non-infringement. AmericaEBusiness.com makes no warranty
that the Site or any related services, such as email, links, or searches
offered on the Site will be error-free, uninterrupted, timely, secure, or that
it will provide specific results from use of the Site or any content, search or
link therein. AmericaEBusiness.com further cannot ensure that files you
download from the Site will be free of viruses, Trojan horses, bugs,
contamination, or destructive features.
Any material viewed, downloaded, or otherwise obtained through the
use of the Site is done solely at your own discretion and risk, and
AmericaEBusiness.com will not be liable for any damages of any kind arising
from the use of the Site, including, without limitation, direct, indirect,
incidental, punitive, or consequential damages.
No advice or information, whether oral or written, obtained by you
from AmericaEBusiness.com or through or from the Site shall create any warranty
not expressly stated in the TCU. Data and information relating to securities or
otherwise is provided for informational purposes only, and is not intended for
trading purposes. Neither AmericaEBusiness.com nor any of its data or content
providers shall be liable for any errors or delays in the content, or for any
actions taken in reliance thereon.
15. Limitation of Liability
You expressly understand and agree that AmericaEBusiness.com shall
not be liable for any indirect, incidental, special, consequential or exemplary
damages, including but not limited to, damages for loss of profits, goodwill,
use, data or other intangible losses (even if AmericaEBusiness.com has been
advised of the possibility of such damages), resulting from: (i) the use or the
inability to use the Site; (ii) the cost of procurement of substitute goods or
services resulting from any goods, data, information or services purchased or
obtained or messages received or transactions entered into through or from the
Site; (iii) unauthorized access to or alteration of your transmissions or data;
(iv) statements or conduct of any third party on the Site; or (v) any other
matter relating to the Site or the content thereon, including without
limitation any user content posted thereon. In no event will
AmericaEBusiness.com be liable for any damages in excess of one hundred United
Stated dollars ($100.00).
16. 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, some of the above limitations may not apply to you.
17. Miscellaneous
The TCU constitutes the entire agreement between you and
AmericaEBusiness.com and governs your use of the Site, superceding any prior
agreements between you and AmericaEBusiness.com. You may also be subject to
additional terms and conditions that may apply when you use affiliate services,
third-party content, or third-party software.
You agree that the TCU and the relationship between you and
AmericaEBusiness.com shall be governed by the laws of the State of California
without regard to its conflict of law provisions. You agree to submit to
personal and exclusive jurisdiction by and venue in the state and federal
courts of the State of California, County of Los Angeles. The failure of
AmericaEBusiness.com to exercise or enforce any right or provision of the TCU
shall not constitute a waiver of such right or provision.
If any provision of the TCU 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 the TCU 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 Site or the TCU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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