| 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
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