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1. AGREEMENT
Welcome to the UGOBIZ ™
Web site (hereinafter "UGOBIZ INC., and or
UgoBiz Networks
a Subsidiary of UgoBiz Inc." "Company"
or the "Site").
A UGOBIZ INC. COMPANY
By using this Site,
you agree to be bound by, and to comply with, these
Terms and Conditions unless offer terms that are
accepted in writing by Company. You agree to comply with
any rules and regulations posted on the Site regarding
any Products, Services, and UGOBIZ INC. partners. All
such rules and regulations posted are hereby
incorporated by reference into these Terms and
Conditions. If you are dissatisfied with the Site, its
content or Terms or Conditions or other legal notices,
you may offer feed back or suggestions as UGOBIZ INC.
and it's Partners are very interested in customer
satisfaction, Should there be an issue that can not be
solved between UGOBIZ INC., it's partners and you the
customer, UGOBIZ INC. will maintain a running account of
the issues so that there maybe be policy's and checks
put in place to prevent the occurrence again.
PLEASE NOTE: UGOBIZ
INC. dose reserve the right, at our sole discretion, to
change, modify or otherwise alter these Terms and
Conditions at any time. Please review these Terms and
Conditions periodically. Your continued use of the Site
following the posting of changes and/or modifications
will constitute your acceptance of the revised Terms and
Conditions. Whether or not you actually reviewed them.
The paragraphs below
will address issues, including but not limited to:
Please read these
terms carefully because they contain legal obligations.
2. PRIVACY
POLICY
Please review our
Privacy Policy , which also governs your visit to this
Site, to understand our practices.
3.
COMMUNICATIONS
When you visit the
UGOBIZ INC., to purchase products or services through
the UGOBIZ INC. Site or our partners, or contact our
customer service department, you are communicating with
us electronically. We will also communicate with you via
email or by posting updates on the Site. By using the
UGOBIZ INC. Site and it's partners, you hereby agree
that all agreements, disclosures and other
communications that the UGOBIZ INC. and it's partners
provide to you electronically satisfy any customer
satisfaction or legal requirement, and that such
communication is to be in writing.
The UGOBIZ INC.
welcomes your feedback about the Site. However, any
comments, ideas, notes, messages, suggestions or other
communications sent to the Site shall be and remain the
exclusive property of Company, and we may use all such
communications in any manner, including reproducing,
disclosing and publishing such communications, as
property of the UGOBIZ INC..
4. CHILD OR
THIRD PARTY POLICY
The UGOBIZ INC. does
not intend the Site to be used by individuals under the
age of 18 (or a "Minor") without the a parent or
guardian 18 years of age or older. The UGOBIZ INC.
relies upon Parent/Guardians to determine if any content
or items available on the Site is inappropriate for the
viewing of such Minors, and access or purchase by such
Minors. If a Customer is a Minor, he/she may use the The
UGOBIZ INC. Site only under the direct supervision of a
Parent/Guardian. If you are making a purchase on behalf
of a Minor you except full responsibility for the
purchase. If you are making a purchase on behalf of a
business or third party through the Site you must have
the authority to bind them to these Site Terms and
Conditions, other wise you assume all responsibility for
the purchase.
By entering any
information on The UGOBIZ INC. Site and or it's
partners, you represent that:
- you are at least
18 years of age or are using the site under the
direct supervision of a Parent/Guardian.
- you are using
your actual identity.
- you have provided
only true, accurate, current and complete
information.
- your billing
address and phone number you provide will be the
address and phone number your credit card bank has
on file for you.
- you will maintain
and promptly update the information that you provide
to keep it true, accurate, current and complete.
- you are not using
the Site for any improper purpose. If you provide
any information that is untrue, inaccurate, not
current or incomplete, or we have reasonable grounds
to suspect that such information is untrue,
inaccurate, not current or incomplete, we may
suspend or terminate your account and refuse any and
all current and future use of the Site.
5. CONFIRMING,
CANCELING & CHANGING YOUR ORDERS AND/OR MEMBERSHIP
For orders that have
already been processed the UGOBIZ INC. has no ability to
refund and or cancel the processed transaction between
you and the partners. The UGOBIZ INC. is therefore
absolved of all refund and replacement options, and all
customer satisfaction concerns based on the purchase of
a product or service provided by a partner(s). The
customer satisfaction and policy's of the partner(s)
will remain the primary conflict resolution process.
Should the issue still not be resolved then UGOBIZ INC.
will open it's own investigation to determine if there
needs to be further changes to existing partner(s).
6. TERMS OF
LIMITED WARRANTY
In addition the UGOBIZ
INC. dose not Warrant or Guarantee, to the original
customer purchasing such products directly from
partner(s) that all such products sold will be held
directly between the customer and the the partner(s).
Any claim with respect to such products where the
purchaser seeks a refund of the purchase price must be
made directly to the partner(s).
7. DISCLAIMER
OF WARRANTIES
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT
YOUR SOLE RISK AND THAT THE PRODUCTS AND SERVICES ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THIS
DOSE NOT COVER ACTS OF NATURE OR THIRD PARTIES.
EXCEPT AS EXPRESSLY
PROVIDED HEREIN WE EXPRESSLY DISCLAIM ALL WARRANTIES OF
ANY THE SITE, ITS SERVERS, OR E-MAILS SENT FROM OR ON
BEHALF OF UGOBIZ INC. AND IT'S PARTNERS ARE FREE OF
VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL
COMPONENTS.
ANY PRODUCTS
PURCHASED, MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN
DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR PRINTERS THAT
RESULTS FROM YOUR USE OF THIS SITE, OUR PRODUCTS OR
OPENING ANY EMAIL SENT BY US. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR
THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
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. PRODUCT
DESCRIPTION, TYPOGRAPHICAL ERRORS, THIRD PARTY SITES
The UGOBIZ INC.
attempts to be as accurate as possible with our product
descriptions. However, the UGOBIZ INC. does not warrant
that products or service descriptions or other content
of this site is accurate, complete, reliable, current,
or error-free. UGOBIZ INC. dose not make representations
based on the accuracy of the partners nor dose the
UGOBIZ INC. have any clause that excludes all orders of
products or services are subject to prevailing law,
including, as appropriate, export and import regulations
and boycotting restrictions, if any, imposed by
governing bodies having jurisdiction over such orders,
products or services. You should note that product
comparisons do not imply that all products compared are
available, or in the case of functional equivalency,
that performance or other characteristics are exactly
comparable.
In the event a product
or service is listed at an incorrect price due to
typographical error or error in pricing information
received from the UGOBIZ INC. partners, the issues is to
be resolved directly between the customer and the
partner(s).
The UGOBIZ INC. is not
responsible for the content of any sites that may be
linked to or from this Site. These links are provided
for your convenience only and you access them at your
own risk. Any other web site accessed from this Site is
independent from the UGOBIZ INC., and the UGOBIZ INC.
has no control over the content of that other web site.
In addition, a link to any other web site does not imply
that the UGOBIZ INC. endorses or accepts any
responsibility for the content or use of such other web
site. In no event shall any reference to any third party
or third party product or service be construed as an
approval or endorsement by UGOBIZ INC. of that third
party or of any product or service provided by a third
party.
9.
MODIFICATIONS TO THE STORE
The UGOBIZ INC.
reserves the right to modify, suspend or discontinue any
Product, Service or Promotion in our sole discretion
without prior notice. The UGOBIZ INC. reserve the right
to reject any Partner(s) as dose any partner(s) reserve
the right to discontinue with the UGOBIZ INC., without
giving any reason. As such UGOBIZ INC. dose not make
representations or Guarantee that UGOBIZ INC. will
always have the same products or services.
10. CUSTOMER
CONDUCT
You agree not to
access or attempt to access the non-public areas of the
Site or any other user's password-protected information
or impersonate any person or entity or otherwise falsely
state or misrepresent your affiliation with a person or
entity. Your agree that you will not infringe on all
products and services or facilitate infringement on any
copyright, patent, trademark, trade secret, or other
proprietary, publicity, or privacy rights (collectively
"Rights") of any party, including the Rights of
third-parties; or contain or promote 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 Site, data, personal
information, software, equipment, servers or content or
facilitate or promote hacking or similar conduct. We may
elect to electronically monitor areas of the Site and
may disclose any content, records, or electronic
communication of any kind to satisfy any law,
regulation, or government request if such disclosure is
necessary or appropriate.
11. LIMITATION
OF LIABILITY
YOU UNDERSTAND AND
AGREE THAT EXCEPT AS EXPRESSLY SET FORTH HEREIN
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY
OTHER PARTY INVOLVED IN CREATING, PRODUCING,
TRANSMITTING, OR DISTRIBUTING THE SITE OR RELATED
PRODUCTS OR SERVICES (COLLECTIVELY THE "UGOBIZ, INC.
UMBRELLA OR EXTENSIONS DEEMED BUY US AS UGOBIZ INC.")
SHALL NOT BE LIABLE FOR ANY DIRECT, 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) YOUR USE OR INABILITY TO
USE THE SITE OR OUR PRODUCTS; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SITE; (v) OR ACTS OF NATURE, FORCES, OR CAUSES BEYOND
OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION,
INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES,
TELECOMMUNICATION EQUIPMENT OR OTHER EQUIPMENT FAILURES,
ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES,
RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF
LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS,
ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF
DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE
OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT,
LIGHT, OR AIR CONDITIONING or (vi) ANY OTHER MATTER
RELATING TO THE SITE HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY (INCLUDING NEGLIGENCE). IN NO EVENT SHALL OUR
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND
CAUSES OF ACTION.
THE FOREGOING
LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
12. 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.
13. INDEMNITY
By using the Site web
sites you agree to indemnify UGOBIZ and the UGOBIZ, Inc.
Umbrella and hold them harmless from any and all claims
and expenses, including (without limitation) attorney's
fees, arising from your use of the Site web sites, your
use of the Products and Services, or your submission of
ideas and/or related materials to UGOBIZ INC. or from
any person's use of any ID, membership or password you
maintain with any portion of the Site, regardless of
whether such use is authorized by you.
14. COPYRIGHT
AND TRADEMARK NOTICE
UGOBIZ © 2009, UGOBIZ,
Inc. All rights reserved. UGOBIZ ™ is a trademark of
UGOBIZ, Inc. Except as expressly provided, nothing
within the Site shall be construed as conferring any
license under our or any third party's intellectual
property rights, whether by implication, waiver, or
otherwise. Without limiting the generality of the
foregoing, you acknowledge and agree that all content
available through and used to operate the Site and its
services is protected by copyright, trademark, patent,
or other proprietary rights of UGOBIZ INC. and its
affiliates, licensors, and service providers. You agree
not to: (a) modify, alter, or deface any of the
trademarks, service marks, trade dress (collectively
"Trademarks") or other intellectual property made
available by us in connection with the Site; (b) hold
yourself out as in any way sponsored by, affiliated
with, or endorsed by us, or any of our affiliates or
service providers; (c) use any of the Trademarks or
other content accessible through the Site for any
purpose other than the purpose for which we have made it
available to you; (d) defame or disparage us, our
Trademarks, or any aspect of the Site; and (e) adapt,
translate, modify, decompile, disassemble, or reverse
engineer the Site or any software or programs used in
connection with it or its Products and Services. Links
to the Site without UGOBIZ INC.'s express written
permission are strictly prohibited. The framing,
mirroring, scraping or data mining of the Site or any of
its content in any form and by any method is expressly
prohibited.
15.
ASSIGNMENT.
Customer may not
assign its rights or obligations hereunder without the
express prior written consent of Company. This agreement
shall be binding upon the heirs, successors and assigns
of the parties here to.
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