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1. AGREEMENT
Welcome to
the UGOBIZ ™ Web site (hereinafter "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
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 © 2006-2009, 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. |