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| TOS / User Agreement
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DelawareBizBuz.com
TERMS OF SERVICE / USER
AGREEMENT
Please read this Terms of Service (“TOS”)
in its entirety. Some or all of the information
on this website is provided by Winner Enterprises,
LLC (“Company”) on one or more Company websites.
The Company Web sites include the following
website(s): www.DelawareBizBuz.com, www.DelawareOnTheWeb.com.
If you do not agree with or understand the TOS,
do not use a Company site. Company provides
this service to you, subject to the following
TOS which may be updated by us anytime without
further notice. When using particular Company
services, you shall be subject to any posted
guidelines or rules applicable to such services.
All such guidelines or rules are hereby incorporated
by reference into the TOS. For specific services,
Company also may put forth specific Terms of
Service that differ from this TOS. It is your
responsibility to periodically review the TOS.
Your continued use constitutes your agreement
with the TOS.
The ratings and opinions on the Company website
are received from shoppers who chose to share
their feedback with other consumers. The ratings
are displayed individually and also compiled
to show the business’s overall ratings derived
from all shoppers who rated them. Opinions are
an information source only and do not guarantee
any level of a business or third party's performance.
Company make no guarantees of the accuracy of
information provided by users of the site.
Although Company does allow third parties to
advertise on the site, we guarantee the payments
will in no way effect ratings of the advertisers.
The TOS apply to “Affiliates” (persons or entities
that receive the Service, as defined below,
for redistribution and/or republication on a
non-Company website), “Advertisers” (persons
or entities that use the Service, as defined
below, and contracted with Company to place
their advertisements on Company web site), and
“Users” (all persons, including Affiliates and
Advertisers, that make any use whatsoever of
any Service, as defined below). Company currently
provides Affiliates, Advertisers and Users with
several resources, including but not limited
to consumer rated business directories, merchant
coupons and resources/links (the “Service”).
Unless expressly stated otherwise, new resources
added to the current Service shall be subject
to the TOS. You understand and agree that the
Service is provided “as is” and that Company
assumes no responsibility for the timeliness,
deletion, misdelivery, or failure to store any
user communications or personalization settings.
In consideration of your use of the Service,
you agree to (a) provide true, accurate, current,
and complete information about yourself as prompted
by the Service’s registration form (such information
being the “Registration Data”) and (b) maintain
and promptly update the Registration Data to
keep it truthful, accurate, current, and complete.
If you provide any information that is untrue,
inaccurate, not current, or incomplete, or Company
has reasonable grounds to suspect that such
information is untrue, inaccurate, not current,
or incomplete, Company has the right to suspend
or terminate your account and refuse any and
all current or future use of the Service (or
any portion thereof). You will receive a password
and account designation upon completing the
registration process for the use of some Services.
You are responsible for maintaining the confidentiality
of the password and account and are fully responsible
for all activities that occur under your password
or account. You agree to (a) immediately notify
Company of any unauthorized use of your password
or account or any other breach of security and
(b) ensure that you exit from your account at
the end of each session. Company cannot and
will not be liable for any loss or damage arising
from your failure to comply with this Paragraph.
You understand that all information, data, text,
software, music, sound, photographs, graphics,
video, messages, or other materials (“Content”),
whether publicly posted or privately transmitted,
are the sole responsibility of the person from
which such Content originated. This means that
you, and not Company, are entirely responsible
for all Content that you upload, post, e-mail,
or otherwise transmit via the Service. Company
does not control the Content posted via the
Service and thus does not guarantee its accuracy,
integrity, or quality. By using the Service,
you may be exposed to Content that you find
offensive, indecent, or objectionable. Under
no circumstances will Company be liable in any
way for any Content, including, but not limited
to, for any errors or omissions in any Content,
or for any loss or damage of any kind incurred
as a result of the use of any Content posted,
e-mailed, or otherwise transmitted via the Service.
You agree to not use the Service to:
i. Manipulate, distort or undermine the integrity
and accuracy of the Shoppers Ratings and Opinions;
ii. upload, post, e-mail, or otherwise transmit
any Content that is unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene,
libelous, invasive of another’s privacy (such
as credit card numbers, etc.), hateful, racial,
or otherwise objectionable;
iii. manipulate, distort or undermine the integrity
and accuracy of the shoppers ratings and opinions;
iv. impersonate any person or entity or falsely
state or otherwise misrepresent your affiliation
with a person or entity;
v. forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content
transmitted through the Service;
vi. upload, post, e-mail, or otherwise transmit
any Content that you do not have a right to
transmit under any law or under contractual
or fiduciary relationships;
vii. upload, post, e-mail, or otherwise transmit
any Content that infringes any patent, trademark,
trade secret, copyright, or other proprietary
rights (“Rights”) of any party;
viii. upload, post, e-mail, or otherwise transmit
any unsolicited or unauthorized advertising,
promotional materials, “junk mail", “spam",
“chain letters", “pyramid schemes",
or any other form of solicitation;
ix. upload, post, e-mail, or otherwise transmit
any material that contains software viruses
or any other computer code, files, or programs
designed to interrupt, destroy, or limit the
functionality of any computer software or hardware
or telecommunications equipment;
x. interfere with or disrupt the Service or
servers or networks connected to the Service,
or disobey any requirements, procedures, policies,
or regulations of networks connected to the
Service;
xi. intentionally or unintentionally violate
any applicable local, state, national, or international
law; or
xii. “stalk” or otherwise harass another or
collect or store personal data about other Users.
You acknowledge that Company does not pre-screen
Content, but that Company and its designees
shall have the right (but not the obligation)
in their sole discretion to refuse or move any
Content that is available via the Service. Without
limiting the foregoing, Company and its designees
shall have the right to remove any Content that
violates the TOS or is otherwise objectionable.
You agree that you must evaluate, and bear all
risks associated with, the use of any Content,
including any reliance on the accuracy, completeness,
or usefulness of such Content. In this regard,
you acknowledge that you may not rely on any
Content created by Company or submitted to Company,
including without limitation information in
Company Ratings section and in all other parts
of the Service.
You acknowledge and agree that Company may preserve
Content and may also disclose Content if required
to do so by law or in the good faith belief
that such preservation or disclosure is reasonably
necessary to (a) comply with legal process;
(b) enforce the TOS; (c) respond to claims that
any Content violates the rights of third parties;
or (d) protect the rights, property, or personal
safety of Company, its Users, and the public.
(See Privacy
Policy).
You understand that the technical processing
and transmission of the Service, including your
Content, may involve (a) transmissions over
various networks and (b) changes to conform
and adapt to technical requirements of connecting
networks or devices.
Recognizing the global nature of the Internet,
you agree to comply with all local rules regarding
online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws
regarding the transmission of technical data
exported from the United States or the country
in which you reside.
With respect to all Content you elect to post
to other publicly accessible areas of the Service,
you grant Company the royalty-free, perpetual,
irrevocable, non-exclusive, and fully sublicensable
right and license to use, reproduce, modify,
adapt, publish, translate, create derivative
works from, distribute, perform, and display
such Content (in whole or part) worldwide and/or
to incorporate it in other works in any form,
media, or technology now known or later developed.
You agree to indemnify and hold Company and
its subsidiaries, Affiliates, officers, agents,
co-branders or other partners, and employees
harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third
party due to or arising out of Content you submit,
post to, or transmit through the Service, your
use of the Service, your connection to the Service,
your violation of the TOS, or your violation
of any rights of another.
You agree not to reproduce, duplicate, copy,
sell, resell, or exploit for any commercial
purposes any portion of the Service, use of
the Service, or access to the Service, except
in accordance with the TOS.
You acknowledge that Company may establish general
practices and limits concerning use of the Service,
including without limitation the maximum number
of days Content will be retained by the Service,
the maximum number of messages that may be sent
from or received by an account on the Service,
the maximum size of any message that may be
sent from or received by an account on the Service,
the maximum disk space that will be allotted
on Company’s servers on your behalf, and the
maximum number of times and the maximum duration
for which you may access the Service in a given
period of time. You agree that Company has no
responsibility or liability for the deletion
or failure to store any messages and other communications
or other Content maintained or transmitted by
the Service. You acknowledge that Company reserves
the right to log off accounts that are inactive
for an extended period of time. You further
acknowledge that Company reserves the right
to change these general practices and limits
at any time, in its sole discretion, with or
without notice.
Company reserves the right at any time and from
time to time to modify or discontinue, temporarily
or permanently, the Service (or any part thereof),
with or without notice. You agree that Company
shall not be liable to you or to any third party
for any modification, suspension, or discontinuance
of the Service.
You agree that Company, in its sole discretion,
may terminate your password, account (or any
part thereof), or use of the Service and remove
and discard any Content within the Service for
any reason. Company may also, in its sole discretion
and at any time, discontinue providing the Service,
or any part thereof, or may change the price
for the Service, all with or without notice.
You agree that any termination of your access
to the Service under any provision of this TOS
may be affected without prior notice, and acknowledge
and agree that Company may immediately deactivate
or delete your account and all related information
and files in your account and/or bar any further
access to such files or the Service. Further,
you agree that Company shall not be liable to
you or any third party for any termination of
your access to the Service.
Your correspondence or business dealings with,
or participation in promotions of, advertisers
found on or through the Service, including payment
and delivery of related goods or services, and
any other terms, conditions, warranties, or
representations associated with such dealings,
are solely between you and such advertiser.
You agree that Company shall not be responsible
or liable for any loss or damage of any sort
incurred as the result of any such dealings
or as the result of the presence of such advertisers
on the Service.
The Service or third parties may provide links
to other World Wide Web sites or resources.
Because Company has no control over such sites
and resources, you acknowledge and agree that
Company is not responsible for the availability
of such external sites or resources and does
not endorse and is not responsible or liable
for any Content, advertising, products, or other
materials on or available from such sites or
resources.You further acknowledge and agree
that Company shall not be responsible or liable,
directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection
with use of or reliance on any such Content,
goods, or services available on or through any
such site or resource.
You acknowledge and agree that the Service and
any necessary software used in connection with
the Service (the “Software”) contain proprietary
and confidential information that is protected
by applicable intellectual property and other
laws. You further acknowledge and agree that
Content contained in sponsor advertisements
or information presented to you through the
Service or advertisers is protected by copyrights,
trademarks, service marks, patents, or other
proprietary rights and laws. Except as expressly
authorized by Company or advertisers, you agree
not to modify, rent, lease, loan, sell, distribute,
or create derivative works based on the Service
or the Software, in whole or in part.
Company grants you a personal, non-transferable,
and non-exclusive right and license to use the
object code of its Software on a single computer,
provided that you do not (and do not allow any
third party to) copy, modify, create a derivative
work of, reverse engineer, reverse assemble,
or otherwise attempt to discover any source
code, sell, assign, sublicense, grant a security
interest in, or otherwise transfer any right
in the Software. You agree not to modify the
Software in any manner or form or to use modified
versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized
access to the Service. You agree not to access
the Service by any means other than through
the interface that is provided by Company for
use in accessing the Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS
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. COMPANY MAKES NO WARRANTY THAT (i) THE SERVICE
WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET
YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE 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 COMPANY OR THROUGH
OR FROM THE SERVICE, SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY
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 COMPANY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)
RESULTING FROM (i) THE USE OR THE INABILITY
TO USE THE SERVICE; (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 SERVICE; OR (v) ANY
OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
OF LIABILITY MAY NOT APPLY TO YOU.
THE SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES
ONLY AND NO CONTENT INCLUDED IN THE SERVICE
IS INTENDED FOR TRADING OR INVESTING PURPOSES.
COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR
THE ACCURACY, USEFULNESS, OR AVAILABILITY OF
ANY INFORMATION TRANSMITTED VIA THE SERVICE
AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY
TRADING OR INVESTMENT DECISIONS MADE BASED ON
SUCH INFORMATION.
Company respects the intellectual property of
others and we ask our Users to do the same.
If you believe that your work has been copied
in a way that constitutes copyright infringement,
please contact Company:
Legal Counsel
C/O Winner Enterprises, LLC
560 Peoples Plaza #210
Newark, DE 19702
Fax: (302) 838-4234
legal [at] delawarebizbuz.com
The TOS constitute the entire agreement between
you and Company and govern your use of the Service,
superseding any prior agreements between you
and Company. You also may be subject to additional
terms and conditions that may apply when you
use affiliate services, third-party content,
or third-party software. The TOS and the relationship
between you and Company shall be governed by
the laws of the State of Delaware without regard
to its conflict of law provisions. You and Company
agree to submit to the personal and exclusive
jurisdiction of the courts located within the
county of New Castle, Delaware. The failure
of Company to exercise or enforce any right
or provision of the TOS shall not constitute
a waiver of such right or provision. If any
provision of the TOS is found by a court of
competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor
to give effect to the parties’ intentions as
reflected in the provision and that the other
provisions of the TOS remain in full force and
effect. 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 the
Service or the TOS must be filed within one
(1) year after such claim or cause of action
arose or be forever barred. |
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