Acceptance
The following sets forth the Terms and Conditions (the “Terms of Use”) by submitting information, accessing information, and using or visiting information on this domain name of iBuildBiz.com (the “iBuildBiz Web site, or “Site”) owned and operated by Cynergy Link, Inc. (“CLI”). These Terms of Use are a legally binding agreement (“Agreement”) that apply throughout this Site. By using this Site, you agree to be legally bound by these
Terms of Use.
Please read this Agreement carefully before submitting, accessing, or using this Site. If you do not agree to all of these Terms of Use, do not use this Site. CLI may modify, update, or otherwise revise these Terms of Use at any time without notice of which these Terms of Use shall be effective immediately upon posting and your continued access will mean your conclusive acceptance of the modified Terms of Use. The latest version of the Terms of Use is available on this Site page. Questions concerning this Agreement should be directed to: President, Cynergy Link, Inc., P.O. Box 26681 Fort Lauderdale, FL 33320.
Use of Site
In order to access some features on this Site, you will have to create an account. A condition of use includes that all information provided to CLI must be correct, current, accurate, and complete. Information of the item for sale shall be true and shall only be presented by the owner, authorized, or licensed of non-owned items to create such sale or transaction. You shall only submit information whereby the necessary rights and authority have been granted prior to dissemination to create, modify, copy, reproduce, republish, upload, post, transmit, and distribute information posted on this Site, including text, photographs, and attachments. Although CLI requests information in the Terms of Use to be accurate, true, and complete, CLI is not responsible for information posted on this Site including such verification of accuracy. You (and not CLI) shall maintain and update information to reflect the current status of such information.
You may never use another’s account without permission. You must notify CLI of any unauthorized use or breach of security of your account. CLI will not be liable for any loss of your account caused by any unauthorized use. You may be liable for losses of CLI or others due to such unauthorized use. You are responsible for keeping your account password secure and for activity that occurs on your account.
You understand that CLI cannot and does not guarantee against corrupt properties by downloading through the iBuildBiz Web site will be free of infection to viruses, worms, Trojan horses, or otherwise interfere, damage, destruct, system, or personal information. You are responsible for implementing sufficient procedures and measures to avoid potential risk on the Internet.
By using this web site, you agree not to: provide or transmit any information, data, text, software, or other content (“Material”) that is unlawful, threatening, harassing, defamatory, obscene, sexually explicit, libelous, or otherwise objectionable; provide or transmit Material that is inaccurate, misleading, or fraudulent; provide or transmit Material of any non-owned items unless by owner, authorized, or licensed of non-owned items to create such sale or transaction; misrepresent or impersonate your affiliation with any person including CLI or otherwise; violate any local, state, national, or international law; upload or transmit Material to infringe any patent, trademark, copyright, trade secrets, or other proprietary rights of any person; revise or delete Material of any other person; register or subscribe to Material of any person if you have not been authorized by such person for any CLI service or product; transmit Material that contains viruses or other corrupt data, or, interfere with communication features to damage, affect, or adversely impair Material or CLI resources on this Site.
CLI, at its own discretion, reserves the right at any time for any reason to remove, restrict, edit, cancel, or refuse service of any member’s account rights and privileges that is held in violation of these Terms of Use.
Intellectual Property Rights
The content on this Site, including without limitation, the text, logos, images, graphics, software, service or product offerings made available and sold, search directories, accumulation of content, or features, and other materials are owned by CLI or others, subject to copyright or other intellectual property rights under the United States and International laws. You may not copy, reproduce, republish, upload, transmit, or distribute in any way this Site or any content without the express written permission of CLI. You may print or download portions of material from different areas of this Site for personal non-commercial use provided you must retain all copyright and other proprietary notices contained therein. You agree to grant CLI through submitting information or material to CLI a non-exclusive, royalty-fee, worldwide, perpetual license, with right to sub-license to modify, reproduce, distribute, transmit, create derivative works of, to publicly display in any public areas of the iBuildBiz Web site by submitting any information or material to CLI or by email by all means in any form known now or developed later.
Links to Third Party Web Sites
This Site may provide links to other third party web sites that are not owned or controlled by CLI and are to be accessed at your own risk. CLI has no control over, assumes no responsibility for the content, privacy policies, or practices of any third party web sites. You agree that CLI shall not be responsible for any and all liability arising from your use or reliance of any such content, products, or services of any third party web site. Any other terms, conditions, warranties, or representations presented by any third party are solely between you and the third party.
Terms for International Use
You must obtain access to the Internet in order to use this Site. CLI makes no representation that the content and Site materials are appropriate and to its availability and use outside the United States and territories. You agree to comply with all and any local rules including, without limitation to Internet rules, email, data, privacy, or otherwise. You are responsible to comply with all applicable laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country in which you reside.
Use of Email
The communication method used by CLI to communicate with its customers is primarily delivered through email. Customer hereby acknowledges and grants CLI permission to communicate through email and other methods of communication determined to by relevant by CLI without limitation to marketing, system, service, and product or service messages and updates. CLI acknowledges requests to opt-out from receiving CLI email; however, in no event will CLI be held responsible for any liability for sending email to users and customers. You shall not use CLI email services to create and send spam email of unsolicited email or otherwise which violate these Terms of Use.
Submissions
You shall be responsible for your own submission to post or publish information. You affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, permissions, and rights to sell such (a.) business asset, (b.) business property, or (c.) business entity. CLI makes no representation or endorsement to any submission to post or publish information, or to any owner or third party authorized, licensed, or otherwise representing agent, and CLI expressly disclaims any and all liability in connection with the submission to post or for information published. You agree to permit all or any part of a posting to be searched, displayed, downloaded, copied, or other related by users on the iBuildBiz Web site. CLI is not responsible for storing a copy of submissions on this Site in the event of loss. You agree to maintain accuracy of information posted on this Site. CLI offers search feature in this Site and disclaims responsibility of content, completeness, accuracy, or availability of information provided within the search feature. You agree as an authorized or licensed agent to represent information only through your respective affiliation or business entity. CLI may remove all or any part of any submission including the termination of a customer or account that is in violation of these Terms of Use.
Memberships
Memberships are granted by CLI to individuals specific to only the subscribing member. CLI prohibits member rights and privileges to be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise to anyone other than the individual who registered for membership and cannot be transferred without the expressed written permission of CLI. Member rights and privileges, when subject to change, will be provided with sufficient notice by CLI. CLI reserves the right to cancel, prohibit, or refuse any or all member rights and privileges to any individual, group, or organization that does not adhere to the Terms of Use. CLI has the right to refuse and terminate service for unpaid or past due (delinquent) fees respective to continuing membership and to require additional fees to reactivate membership.
You agree to pay for all products ordered through the iBuildBiz Web site with the payment method indicated authorizing CLI to charge such fees to your payment provider. Cancellations may be done by email (service@ibuildbiz.com) or telephone (954-495-9693). If a cancellation is requested by email, the account holder must use the email address on file with CLI in order for us to safeguard our account holders. It is your responsibility to provide CLI with any changes or updates of your contact or billing information.
Memberships will automatically renew at the current monthly rate by the credit card provided and will be billed unless prior notice is given to CLI. Members are billed for two (2) months of service when an account is initially set up and automatically renewed after that on a monthly basis until the account is deactivated. Memberships can be cancelled at any time and will terminate when such notice is provided. The month end of your account is one month from the date your account was set up and was sent to your payment provider for billing. Fees are paid in full for the term and are non-refundable or pro-rated. Cancellations will be processed within five (5) business days from the date of request. At any time, CLI reserves the right to change its fees, billing methods, and payment frequency. CLI will provide sufficient notice prior to change.
Denial of Access
CLI, for any reason, may decide that any person shall be denied access to any part or all of the iBuildBiz Web site. CLI will use email as the communication tool to deliver such denial to any email address used by the person. Upon issuance of denial by CLI, you are agreeing to these Terms of Use to discontinue any attempt to access any part of the iBuildBiz Web site. If you do not discontinue access as provided in these Terms of Use, you hereby consent to an injunction by a court of competent jurisdiction to permanently restrict you from further access to the iBuildBiz Web site and any other CLI web sites.
Infringement Claims
CLI has designated a Copyright Agent for certain claimed infringements of copyright required by the Digital Millennium Copyright Act.
If you believe that materials have been copied and constitute copyright infringement, please forward the following information to CLI’s Copyright Agent in writing to:
1.) your address, telephone number, and email address;
2.) a description of the copyright work that you claim has been infringed;
3.) a description or exact URL of where the material that you claim is infringing is located;
4.) a statement by you that you have good faith belief that the disputed use is not authorized by the copyright owner, its agent, or
the law;
5.) a statement by you, made under the penalty of perjury, that the above information in your notice is accurate and that you are
the copyright owner or authorized to act on the copyright owner’s behalf; and
6.) your electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Please send any notice of claims of copyright infringement to: President, Cynergy Link, Inc., P.O. Box 26681, Fort Lauderdale, FL 33320, telephone: 954-495-9693, facsimile: 954-206-8844, email: service@ibuildbiz.com
Disclaimer
USE OF SITE IS AT YOUR OWN RISK. CLI PROVIDES THE SITE, RELATED INFORMATION AND OTHER MATERIALS ON THE SITE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITIATION OF TITLE, OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE USE OF OR THE RESULTS OF THE CONTENT IN THE SITE OR ANY WEB SITE LINKED TO OR FROM THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. CLI MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT ON THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND CLI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY COST OR DAMAGE EITHER INDIRECTLY OR INDIRECTLY.
Limitation of Liability
IN NO EVENT WILL CLI BE LIABLE FOR ANY LOSS OR DAMAGE WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE OR OTHERWISE, 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 THE CONTENTS, INFORMATION, SOFTWARE, FEATURES, SERVICES, AND OTHER MATERIALS ON THE WEB SITE EVEN IF CLI OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGE. THE ABOVE LIMITIATION MAY NOT APPLY TO YOU AS SOME STATES DO NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY WHEREBY SUCH LIABILITY IS LIMITED ONLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Indemnity
You agree to indemnify, defend and hold harmless CLI, its officers, directors, employees, agents, third party information providers, and affiliates to the iBuildBiz Web site from and against any and all claims, losses, expenses, damages demands and costs, and cause of action, (including but not limited to attorneys’ fees and related expenses) or violation of any law by you from your use and access to this Site, your violation of any term of these Terms of Service, your violation of any third party, including without limitation of any copyright, property, or privacy right, or any claim your submissions caused damage to a third party.
General
This Agreement shall all be governed and construed in accordance with the laws of the State of Florida, United States. You hereby agree for any purposes concerning this Agreement shall be brought exclusive in a Federal or State court of competent jurisdiction in Broward County, State of Florida, United States. These Terms of Use shall constitute this entire Agreement between you and CLI concerning the iBuildBiz Web site. If any provision is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remainder of these Terms of Use, which will remain in full force and affect. You and CLI agree that any cause of action or claim you may have to the iBuildBiz Web site must commence within one (1) year after the claim of cause of action arises or such claim or cause of action is permanently barred. CLI reserves the right to amend changes these Terms of Use at any time without notice. It is your responsibility to review these Terms of Use for any changes.
No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such or any other Terms of Use. CLI’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
(Updated on June 18, 2007)
|