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TERMS OF USE for iBossWell ® WEBSITE
Please read this agreement ("Agreement") carefully before
accessing or using the ibosswell.com Website (the "Site").
By accessing or using the Site, you agree to be bound by these
Terms Of Use. IBossWell, Inc., and its affiliates,
partners, and contractors provide the information and services
on this Site to you, the user, conditioned on your acceptance
without modification of these Terms Of Use. Your use of the
Site constitutes your agreement to and acknowledgement of
all these Terms Of Use, and to the iBossWell ® Privacy
Policy. These Terms Of Use apply to all users of the ibosswell.com
Website, whether members or non-members of iBossWell ®.
If you have used any of iBossWell ®'s fee-based services,
your relationship with IBossWell, Inc., is governed
either by the general iBossWell ® Service Agreement,
or an individual Service Agreement between you and IBossWell,
Inc. To the extent that an applicable Service Agreement
conflicts with the provisions of these Terms Of Use, the Service
Agreement shall control.
Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site.
The information and services offered on the Site are provided with the understanding that neither ibosswell.com, nor its suppliers or users, are engaged in rendering legal or other professional services or advice.
ibosswell.com, and its agents assume no responsibility
for any consequence relating directly or indirectly to any
action or inaction that you take based on the information,
services or other material on this Site. While ibosswell.com
strives to keep the information on this Site accurate, complete
and up-to-date, ibosswell.com and its suppliers cannot
guarantee, and will not be responsible for any damage or loss
related to, the accuracy, completeness or timeliness of the
information.
Personal and Noncommercial Use Limitation: Prohibited
Uses
You may access, download and print one copy of the publicly
available materials on this Site for your own personal and
internal use. You may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative
works from, frame in another Web page, use on any other web
site, transfer or sell any information, software, lists of
users, databases or other lists, products or services obtained
from this Site. The foregoing prohibition expressly includes,
but is not limited to, the practices of "screen scraping"
or "database scraping" to obtain lists of users or other information.
If and when requested by IBossWell, Inc., you agree
to provide true, accurate and complete user information. You
agree to refrain from impersonating or falsely representing
your affiliation with any person or entity. Except with the
written permission of ibosswell.com, you agree to refrain
from accessing or attempting to access password protected,
secure or non-public areas of this Site. Unauthorized individuals
attempting to access prohibited areas of this Site may be
subject to prosecution.
Proprietary Rights
All materials on this Site (as well as the organization
and layout of the Site) are owned and copyrighted, licensed
by, our used with permission by ibosswell.com, its
affiliates or its suppliers. No reproduction, distribution,
or transmission of the copyrighted materials at this Site
is permitted without the prior written permission of IBossWell,
Inc.
No Unlawful or Prohibited Use
As a condition of your use of this Site, you warrant to ibosswell.com
that you will not use this Site for any purpose that is unlawful
or prohibited by these terms, conditions, and notices. If
you violate any of these terms, your permission to use the
Site automatically terminates.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THIS
SITE AND THE SERVICE OFFERED AT THE SITE IS AT YOUR SOLE RISK.
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
IBossWell, Inc., ITS DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, CONTRACTORS, PARTNERS, JOINT VENTURERS, SUBSIDIARIES,
AND AFFILIATES (COLLECTIVELY "IBossWell, Inc.") EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b)
IBossWell, Inc., MAKES NO WARRANTY THAT (i) THE SITE
OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SITE OR
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (iv)
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IBossWell,
Inc., OR THROUGH OR FROM THE SITE OR ANY SERVICE OFFERED
THEREAT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THIS AGREEMENT.
Limitation Of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IBossWell, 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 IBossWell, Inc.,
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR SERVICES;
(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
ON THE SITE OR 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 SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICES.
Indemnification
You agree to indemnify, defend and hold harmless IBossWell,
Inc., from any liability, loss, claim and expense related
to your violation of this Agreement.
Links to Third Party Sites
This Site may contain hyperlinks to web sites operated by
parties other than IBossWell, Inc. Such hyperlinks
are provided for your reference only. IBossWell, Inc.,
does not control such web sites, and is not responsible for
their content. Inclusion of hyperlinks by IBossWell, Inc.,
to such web sites does not imply any endorsement of the material
on such web sites or any association with their operators,
and you access and use such sites, including information,
material, products and services therein, solely at your own
risk. Furthermore, because the IBossWell, Inc., Privacy
Policy is applicable only when you are on our Site, once
linked to another web site, you should read that site's Privacy
Policy before disclosing any personal information.
Access to the Site
Equipment and Connections. Registered User is responsible
for providing all equipment necessary to access the internet
and the Site. Access to the Site requires use of Microsoft
Explorer 4.0 or higher, Netscape Navigator 4.08 or higher,
or another Web browser that meets the operational needs of
the Site.
Availability of the Site. The Site is generally available
24 hours a day, 7 days a week. However, IBossWell, Inc.,
retains the right to make the Site and services unavailable
from time to time for any reason, including scheduled maintenance
as well as equipment or software failures. Registered User
agrees that ibosswell.com shall not be liable for any
damages arising from any interruption, suspension or termination
of the Site and/or the Services.
Use of Passwords. Access to and use of the Site is through
a combination of a User Name and Password. Each Registered
User will choose his or her own unique User Names and Passwords.
Acceptance of a Registration by IBossWell, Inc., validates
a Registered User's User Names and Passwords. The User Names
and Passwords provide entry to the Site. No Registered User
or other person is permitted to access the Site using the
User Names and Passwords of any other Registered User.
System Integrity
Applicable Laws. Registered User agrees to comply with all
applicable local, state, federal, and international laws,
statutes, rules and regulations relating to Registered User's
use of the Site and other products. Without limiting the foregoing,
Registered Users are responsible for observing all applicable
laws.
No Unauthorized Access. Registered User shall not provide
access to the Site to other persons through use of Registered
User's User Name or Password. The Registered User is solely
responsible to ensure that no other person utilizes Registered
User's User Names or Passwords. IBossWell, Inc., is
specifically not responsible for the use of any Registered
User's User Names or Passwords by another party. Registered
User shall be responsible for any damages or liability resulting
from another party obtaining its User Names or Passwords.
In addition, a Registered User's continued Registration on
IBossWell, Inc., is subject to termination by IBossWell,
Inc., in its sole discretion in the event of any unauthorized
access to the Site by a person using such Registered Users'
User Names or Passwords.
Malicious Intent. Registered User agrees not to tamper in any way with the software or functionality of the Site or its features and links. Without limiting the foregoing, Registered User agrees not to put any material into the Site which contains any viruses, time bombs, trojan horses, worms, cancelbots or other computer programming routines that may damage, interfere with, intercept or expropriate any system, data or information.
Maintenance of Confidential Information; Privacy. Registered
User agrees not to disclose other Registered Users' confidential
information, including, but not limited to, identity, terms
and pricing. In addition, Registered User agrees not to disclose
IBossWell, Inc., confidential information, such as
Registered User Names and Passwords, even within Registered
User's own organization, such disclosure to be limited to
persons identified in Section two of the IBossWell, Inc.,
Registration Application Form as primary and additional IBossWell,
Inc., Users. Registered User agrees not to invade another
Registered User's privacy. This includes, but is not limited
to, the breach or attempted breach of the security of another
Registered User's computer, software or data without the knowledge
and express consent of such Registered User. Use or distribution
of tools designed for compromising privacy or security is
strictly prohibited. The use of information set forth by IBossWell,
Inc., on the Site will be made in accordance with the
then current IBossWell, Inc., Privacy
Policy, the terms and provisions of which are herein incorporated
by reference.
Information posted on the Site
Registered User is solely responsible for information, which
it posts on the Site. IBossWell, Inc., does not endorse
or review any information posted on the Site by Registered
Users or third parties. Registered User agrees that IBossWell,
Inc., has no obligation to monitor content on the Site,
the Exchange, or links to other web sites contained on the
Site, and expressly disclaims any responsibility to filter
any such content. However, IBossWell, Inc., may take
any action with respect to such information it deems necessary
or appropriate in its sole discretion if IBossWell, Inc.,
believes such information may give rise to liability to IBossWell,
Inc., or other parties or interfere with or impair the
relationship with IBossWell, Inc., and any Registered
User.
Information posted on the Site by Registered Users (a) must
not be fraudulent or involve the sale of stolen items; (b)
must not infringe any third party's rights, including but
not limited to copyright, patent, trademark, trade secret,
or other proprietary rights or rights of publicity or privacy;
(c) must not violate any applicable law, statute, rule or
regulation; (d) must not be obscene, indecent or contain pornography;
(e) must not be defamatory, trade libelous, threatening or
harassing; and (f) must not link directly or indirectly to
pages or sites outside of the Exchange. In addition, you may
not post on the Site or sell on the Exchange any product or
service ibosswell.com which, by paying us our Registration
Fee or otherwise, could cause IBossWell, Inc., to violate
any applicable law, statute, rule or regulation.
Use of Submissions
Except as otherwise set forth in any applicable Service Agreement
with respect to Members, postings to and communications with
the Site are not private. You grant IBossWell, Inc.,
the unrestricted right to use, reproduce, modify, distribute,
and display any material you supply or communicate to the
Site for
any purpose, including commercial uses, and to authorize others
to do so. Any information you submit to IBossWell, Inc.,
in any medium shall become the property of IBossWell, Inc.,
and shall not be returned to you.
Intellectual Property Matters
Registered User acknowledges that all data developed and/or
collected by IBossWell, Inc., in connection with the
operation of the Site and the Exchange shall be the exclusive
property of IBossWell, Inc. The use or disclosure of
such data by IBossWell, Inc., shall be made in accordance
with then current Privacy Policy
of IBossWell, Inc., which policy is expressly incorporated
herein by this reference. To enable us to use information
provided by you without violating any rights you have in the
information, Registered User grants to IBossWell, Inc.,
a non-exclusive, worldwide, perpetual, irrevocable, royalty-free
right to exercise the copyright and publicity rights (but
not other rights) you have in such information in any media
whether or not now known. The use of such information will
be in accordance with the Privacy
Policy of IBossWell, Inc.
All third party content published on the Site is property
of the respective copyright owners and may not be copied or
distributed in any way by Registered Users for commercial
purposes.
Links to This Site
You may only provide a hypertext link to this Site on another
web site provided that (a) the link must be a text only link
clearly marked "IBossWell.com" or the substantial equivalent;
(b) the link must "point" to the "home page" URL (www.ibosswell.com)
and not to other pages within the Site; (c) the appearance,
position, and other aspects of the link may not be such as
to damage or dilute the goodwill associated with IBossWell,
Inc., or with the Site; (d) the appearance, position,
and other aspects of the link may not create the false appearance
that the linking page, its owner, or any other entity is associated
with or sponsored by IBossWell, Inc., or the Site;
and (e) the link, when activated by a user, must display the
Site full screen and not within a "frame" on the linking web
site. IBossWell, Inc., reserves the right to revoke
its consent to the link at any time in its sole discretion.
Changes to Site
IBossWell, Inc., its affiliates and/or its suppliers
may make improvements or changes in the information, services,
products, and other materials on this Site, or terminate this
Site, at any time without notice. IBossWell, Inc.,
may modify these Terms Of Use at any time, and such modifications
shall be effective immediately upon posting on the iBossWell ®
website. Accordingly, you agree to review the Agreement periodically,
and your continued access or use of this Site shall be deemed
your acceptance of the modified Agreement.
Miscellaneous
This Agreement and the resolution of any dispute related to
this Agreement or this Site shall be governed by and construed
in accordance with the laws of California, without giving
effect to choice of law provisions. Failure by IBossWell,
Inc., or its affiliates to insist upon strict enforcement
of any provision of this Agreement shall not be construed
as a waiver of any provision or right. 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 this Site or
this Agreement must be filed within one (1) year after such
claim or cause of action arose or be forever barred. Any legal
action or proceeding between IBossWell.com, and/or
its affiliates and you related to this Agreement shall be
brought exclusively in a federal or state court of competent
jurisdiction sitting in the State of Kansas, County of
Yolo or Johnson.
IBossWell, Inc., and other logos, product and service
names are trademarks and service marks owned by or licensed
to iBossWell ® , Inc., or its affiliates (the "Marks").
Without the prior written permission of iBossWell ® , Inc.,
or its appropriate affiliates, you agree not to display or
use in any manner, the Marks.
All other trademarks are the property of their respective
owners.
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