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Welcome to eBizWebBuilder!. (referred to as “eBizWebBuilder!”) where affordable web design is
the name of the game. This eBizWebBuilder! Services
Member Agreement (the "Agreement") explains
the terms and conditions governing your use of
eBizWebBuilder!’s services, technology, and any
other content available on the eBizWebBuilder! service.
By checking the box and clicking on the ‘Continue’
button, you accept these terms and conditions
and acknowledge that the eBizWebBuilder! service is
subject to certain limitations set forth below.
If you do not wish to accept this agreement, do
not purchase this service. By registering and
purchasing any eBizWebBuilder! service, you agree to
use the eBizWebBuilder! service in a manner consistent
with all applicable laws and regulations and in
accordance with the terms and conditions outlined
below.
1. Services
(a) Purchasing eBizWebBuilder!'s service entitles you
(a "Member") to all the tools, content,
and services available on the system regardless
of your use of them.
If you would like to switch eBizWebBuilder! services,
please contact Customer Care or apply the changes
on your own (in your "Account Summary"
in the Customer Login Area.
(b) eBizWebBuilder! Services and Technology: You will
be able to use the proprietary and licensed technology
inorated in the eBizWebBuilder! Service to build and
maintain your web site ("Member Site")
("Technology"). eBizWebBuilder! may offer
other tools and services that are not included
in any eBizWebBuilder! Service, including premium or
custom services for which an additional fee will
apply. Separate terms and conditions apply for
each eBizWebBuilder! Solution and will be outlined in
a separate agreement.
2. Payment Terms
(a) For access to and use of any eBizWebBuilder! Service,
you agree to pay all fees and charges specified
in the eBizWebBuilder! Service fee schedule. All fees
are due immediately and are non-refundable. eBizWebBuilder! asks that you provide us with your credit
card information for payment, and all charges
you incur for use of the eBizWebBuilder! Service will
be charged to the credit card number you provide.
If eBizWebBuilder! does not receive payment from the
card issuer, you agree to pay eBizWebBuilder! all amounts
due upon demand. eBizWebBuilder! may take commercially
reasonable actions to validate your credit card
and collect all payments due. You agree to pay
all attorney and collection fees arising from
any efforts to collect any past due amounts from
you to the extent allowed by law. You understand
that if eBizWebBuilder! does not receive timely payment
of all amounts due for any Solution you purchase,
your use of any eBizWebBuilder! Service or Solution
may be severely restricted or terminated at eBizWebBuilder!'s sole discretion. This includes any Information
you provide to eBizWebBuilder! while using any eBizWebBuilder!
Service or Solution.
THE FEE FOR ANY eBizWebBuilder! SERVICE IS NONREFUNDABLE.
eBizWebBuilder! WILL NOT REFUND ANY FEES PAID BY YOU
IF YOU TERMINATE YOUR AGREEMENT WITH US.
(b) eBizWebBuilder! reserves the right at its sole
discretion and as it deems appropriate to add
or remove certain services it offers and change
its fees for any services in accordance with Section
4.
(c) You agree to notify eBizWebBuilder! immediately
if you suspect unauthorized use of the eBizWebBuilder!
Service, your credit card, or your password. Under
the Fair Credit Billing Act, your credit card
provider cannot hold you liable for more than
$50 of fraudulent charges. Subject to the following,
if your credit card provider holds you liable
for any of this $50, eBizWebBuilder! will cover your
entire liability up to the full $50. eBizWebBuilder!
will cover this liability only if the unauthorized
use of your credit card is solely a result of
a negligent act or omission by eBizWebBuilder!, and
only for purchases made at eBizWebBuilder! while using
the secure server. In the event of an unauthorized
use of your credit card, you must notify your
credit card provider in accordance with its reporting
rules and procedures.
(d) You agree to pay any taxes, including personal
property taxes or sales taxes (GST for Canadian
Customers), resulting from your use of the eBizWebBuilder! Services. You agree to pay all attorney
and collection fees arising from our efforts to
collect any past due amounts from you to the extent
allowed by law.
3. Restrictions and Description of Prohibited
Acts
(a) You may not use the eBizWebBuilder! Service or
eBizWebBuilder! Solution, the selection of a web address
for your Member Site, the Technology, or the Member
Site to, including, but not limited to:
(i) display material containing pornographic
material or adult paraphernalia of any kind, whether
viewable by the general public or hidden in password
protected areas
(ii) provide material that is grossly offensive
to the eBizWebBuilder! online community, including blatant
expressions of bigotry, prejudice, racism, hatred,
or profanity, or post any obscene, lewd, lascivious,
filthy, excessively violent, harassing, or otherwise
objectionable content
(iii) sell or promote any products or services
that are unlawful in the location at which the
content is posted or received
(iv) access illegally or without authorization
any computers, accounts, or networks of eBizWebBuilder!
or any eBizWebBuilder! Member, or attempt to penetrate
eBizWebBuilder!'s security measures ("hacking"),
or conduct a port scan, stealth scan, or other
information-gathering activity the intent of which
is to gather information to be used to attempt
a system penetration; or upload to eBizWebBuilder!,
send through eBizWebBuilder!, or have eBizWebBuilder! host
or distribute any Internet viruses, worms, Trojan
horses, other harmful code, pinging, flooding,
mail bombing, or denial-of-service attacks; or
disrupt the use of or interfere with the ability
of others to effectively use an eBizWebBuilder! Service
or any connected network, system, service, or
equipment
(v) display material that exploits, or otherwise
exploit, children under 18 years of age
(vi) post any content or otherwise infringe in
any way or violate any copyright, patent, trademark,
service mark, trade name, trade secret, or other
intellectual property right of any third party
(vii) promote, solicit, or participate in pyramid
schemes
(viii) post any content that holds eBizWebBuilder! up
to public scorn or ridicule
(ix) engage in any libellous, defamatory, scandalous,
threatening, or harassing activity
(x) post or disclose any personally identifying
information or private information about children
or any third parties without their consent (or
their parents' consent, in case of a minor)
(xi) post any content that advocates, promotes,
or otherwise encourages violence against any governments,
organizations, groups, or individuals or that
provides instruction, information, or assistance
in causing or carrying out such violence.
(xii) post any information, images or content
that eBizWebBuilder! (in its sole discretion) deems
immoral or unfit for general public consumption.
(b) You agree that without the express consent
of eBizWebBuilder! (and showing proof of the appropriate
licenses where necessary or appropriate), you
will never provide, sell, or offer to sell the
following products or content (or services related
to the same) on the Member Site you create: pharmaceutical
or any other controlled substances; illegal drugs;
illegal drug contraband; alcohol; firearms; weapons;
pirated computer programs; pornography or illicitly
pornographic sexual products; adult paraphernalia;
programs to "nuke" or create attacks
against another individual or an Internet service
provider; illegal goods; escort services; instructions
on how to assemble or otherwise make bombs, grenades,
or other weapons; information used to circumvent
manufacturer-installed copy-protect devices; or
computer software viruses or software designed
to create a virus.
(c) You also agree that you will never promote
or provide instructional information about: illegal
activities, activities that can lead to physical
harm to any group or individual, or any activities
that lead to cruelty to animals. You may not use
the eBizWebBuilder! Service, Technology, or Member Site
in any high-risk activities where damage or injury
to persons, property, environment, or business
may result if an error occurs. YOU EXPRESSLY ASSUME
ALL RISK FOR SUCH USE.
(d) Unless eBizWebBuilder! offers a service to conduct
any of the following, you agree that you will
never conduct the following types of activities
on the Member Site: gambling; sweepstakes; raffles;
lotteries; contests, pyramid, or Ponzi schemes;
and/or unsolicited commercial Email (spam).
(e) You agree that you will not (and you will
not allow any third party to) partake in the following
actions: reverse engineering, reverse compiling
or otherwise deriving the underlying source code
or structure or sequence of any eBizWebBuilder! Service,
eBizWebBuilder! Solution, or any Technology; individual
passwording of Member Sites (or pages contained
therein); deleting or altering author attributes
or copyright notices, unless expressly permitted
in writing by the author or owner; and/or fail
to obtain all required permissions when using
an eBizWebBuilder! Service, eBizWebBuilder! Solution, or Technology
to receive, upload, download, display, distribute,
or execute programs or perform other works protected
by intellectual-property laws, including copyright
and patent laws.
(f) You agree and acknowledge that at all times,
eBizWebBuilder! retains all rights to the graphical
design of the website or template used by you
as a paying customer. Images are licensed royalty-free
images that eBizWebBuilder! does not sell, sublicense
or offer for lease to any customers before, during
or after their time with eBizWebBuilder! as a customer.
4. Changes to the Terms and Conditions
eBizWebBuilder! may at any time, with notice of not
less than thirty (30) days, change its fees and
change the terms of this Agreement. Except for
the addition of new tools and services, eBizWebBuilder!
will also give reasonable notice before any modification
of the then-current eBizWebBuilder! Service that could
change your Member Site. eBizWebBuilder! will announce
changes to our fees and charges by posting them
in the Home section of our service (first page
once a customer logs into to Client Area). eBizWebBuilder! may, at its discretion, supplement such
notice by sending you an email or by putting a
popup notice on your screen when you access the
eBizWebBuilder! Service, or by sending you a letter.
If you find any change to be unacceptable, you
are free to terminate this greement by following
the steps described in Section 8.
5. eBizWebBuilder! Signature
eBizWebBuilder! relies on the ongoing support of its
customers to help fund the services it offers
its Members. Accordingly, eBizWebBuilder! reserves the
right to include its signature in text ("online
website builder: eBizWebBuilder! ") at the bottom
of each web page eBizWebBuilder! hosts. This will be
unobtrusive so as not to detract or in any way
distract our customers’ web site visitors.
6. Information About You and Your Business
(a) eBizWebBuilder! is committed to protecting your
privacy. eBizWebBuilder! will never sell personally
identifiable information about you or your business
to any third party without first receiving your
permission, and all uses of any personally identifiable
information about you or your business will be
subject to our Privacy Policy.
(b) In order to protect you, eBizWebBuilder! uses state-of-the-art
technology to protect your data from unauthorized
third parties. Currently eBizWebBuilder! uses Secure
Sockets Layer (SSL) software to protect your data
and secure your transactions. SSL encrypts or
"scrambles" all your personal information,
including your credit card number, name, and address,
as it is transmitted over the Internet. For more
details, please visit Security.
7. eBizWebBuilder! Rights
(a) Member Site Content Changes. eBizWebBuilder! reserves
the right to make changes to Member Site upon
written request by you to Customer Care to do
so, such as through email, or upon breach of any
of the provisions of this Agreement by providing
you notice of such breach and reasonable time,
determined by eBizWebBuilder! at its sole discretion,
to rectify the infringing content. If after such
time has expired the Member Site does not conform
to eBizWebBuilder!'s satisfaction, eBizWebBuilder! may make
changes to the content of Member Site to bring
it to compliance with this Agreement. Member agrees
not to hold eBizWebBuilder! liable for any foreseeable,
unforeseeable, direct, or indirect consequences
that may result from changes made by Customer
Support to Member Site in response to Member request
to do so or in response to a Member Site that
breaches this Agreement. eBizWebBuilder!'s decisions
are final and binding. Notwithstanding the above,
eBizWebBuilder! also reserves the right to discontinue
the provision of any or all aspects of the eBizWebBuilder! Service or any eBizWebBuilder! Solution to any
Member for any breach of this Agreement.
(b) Communications. You will receive a confirmation
email from us at the time of registration. Once
registered, you can set your email subscription
preferences by clicking on the My Account link
in the upper right corner of the Service, then
choosing the Email Subscriptions link. If you
choose to receive Member communications, you may
choose to change your email preferences at any
time by following the instructions above. eBizWebBuilder!
reserves the right to communicate with all Members
regardless of their email subscriptions in the
event that important messages need to be communicated
to Members, including, but not limited to, service
outages, material changes or modifications to
the service, and notice of changes to this Agreement.
8. Term/Termination
(a) Term.
This agreement shall be effective upon when you
click on the Continue button until terminated
in accordance with the provisions below.
(b) Termination by eBizWebBuilder!.
(i) eBizWebBuilder! may at any time without notice
to you discontinue any or all aspects of the eBizWebBuilder! Service or restrict your use of the eBizWebBuilder! Service in whole or in part for any breach
of this Agreement by you; or if eBizWebBuilder! determines
in its sole and exclusive judgment that terminating
your use of the eBizWebBuilder! Service is necessary
for security reasons or for proper continued operation
of the eBizWebBuilder! Service; or your use of the eBizWebBuilder! Service, eBizWebBuilder! Solution, or Technology
is not for legitimate business purposes, or your
use of the eBizWebBuilder! Service violates any laws
or regulation; or if eBizWebBuilder! receives information
that the eBizWebBuilder! Service or your use of the
eBizWebBuilder! Service (or any part thereof) may violate
any third-party right.
(ii) eBizWebBuilder! may at any time, with thirty (30)
days notice to you, modify or discontinue any
or all aspects of the eBizWebBuilder! Service.
(iii) eBizWebBuilder! may at any time, with ten (10)
days notice to you, modify or discontinue any
or all aspects of the eBizWebBuilder! Service or any
eBizWebBuilder! Solution, if the credit card number
you provide eBizWebBuilder! expires, or if eBizWebBuilder!
is unable to charge valid charges to that credit
card number, or if you otherwise fail to make
payments due to eBizWebBuilder! hereunder.
(iv) Upon termination of this Agreement, all rights
granted to you under this Agreement shall terminate
immediately. If eBizWebBuilder! terminates this Agreement
or suspends your access to the eBizWebBuilder! Service,
you will remain liable for the full charge for
the period during which we terminate or suspend
your eBizWebBuilder! Service. Following such termination
or suspension, you agree not to reregister for
or otherwise access the eBizWebBuilder! Services without
eBizWebBuilder!'s prior written approval. eBizWebBuilder!
reserves the right to delete any data files associated
with your use of the eBizWebBuilder! Service upon termination
of this Agreement.
(v) In the event that a charge back occurs on
your credit card which is your responsibility
(for example, insufficient funds) then you agree
to cover the $25 US charge. If the error is as
a result of eBizWebBuilder!’s mistake, no charge
back fee will apply.
(c) Termination by You.
You may cancel your eBizWebBuilder! Service at any time.
To cancel, you must submit a written request to
Customer Care at least five (5) business days
before the beginning of your next billing period.
If your notice to eBizWebBuilder! is within this five
(5) business-day period before the beginning of
your next billing period, you will be charged
for the subsequent billing period, and the cancellation
will take effect for the following billing period.
Any cancellations that occur after the monthly
payment is withdrawn from your credit card are
non-refundable and are not pro-rated.
Effects of Cancellation
If you cancel your eBizWebBuilder! Service, then as
of the end of the applicable billing period, you
will no longer have access to any of the tools
and services included in the service, therefore:
(i) eBizWebBuilder! will no longer host your web site,
and all of your Information will be deleted
(ii) you will no longer have access to any site
building services, communication tools, or reports
(iii) you will no longer have access to your Web
Mail, and any files, emails, attachments, email
addresses, and any other information or content
included in your Web Mail account will be deleted
(iv) you will have no rights to the graphics or
design eBizWebBuilder! has provided once cancellation
is in effect (i.e.: design and graphics are the
sole property of eBizWebBuilder!).
eBizWebBuilder! IS NOT RESPONSIBLE FOR THE DELETION
OF ANY FILE, ATTACHMENT, INFORMATION, CONTENT,
OR ANY OTHER CONSEQUENCE OF YOUR DECISION TO CANCEL
THIS SERVICE.
9. Indemnification
You agree to indemnify eBizWebBuilder! and hold eBizWebBuilder! harmless against any and all liabilities,
cost, and expenses, including reasonable attorney's
fees related to or arising from:
(i) your use of the eBizWebBuilder! Service in a way
that is prohibited or restricted under this agreement
(ii) infringement of any copyright, trademark,
intellectual property, or other right or patent
by any material you post or use on your Member
Site
(iii) any breach by you of this Agreement; and/or
(iv) any indecent, obscene, or libellous material
posted on your Member Site.
10. Reporting Violations
eBizWebBuilder! does not routinely monitor the content
of Member Sites but will investigate complaints
of a violation of third-party rights. Violations
or infringement of a third-party copyright, other
intellectual property right, or other right will
be dealt with in accordance with the eBizWebBuilder!
policy.
11. Proprietary Rights
As between the parties, eBizWebBuilder! acknowledges
that it claims no proprietary rights in your Information
or any intellectual property right contained therein.
As between the parties, you acknowledge and agree
that eBizWebBuilder! and its licensors own all right,
title, and interest in:
(a) the eBizWebBuilder! Service or any eBizWebBuilder! Solution
(b) the Technology available on the eBizWebBuilder!
Service or eBizWebBuilder! Solution
(c) and all content, including but not limited
to text, software, music, sound, photographs,
video, graphics, or other material contained or
maintained on the eBizWebBuilder! Service or eBizWebBuilder!
Solution (collectively "eBizWebBuilder! Content"),
excluding all Member Information.
In addition, you agree that the eBizWebBuilder! Content
and Technology available on the eBizWebBuilder! Service
or any eBizWebBuilder! Solution is protected by Canadian,
U.S. and international copyrights, trademarks,
service marks, patents, or other proprietary rights
and laws; therefore, you are permitted to use
this eBizWebBuilder! Content and Technology only as
expressly authorized by eBizWebBuilder!. You also understand
and agree that the compilation, collection, selection,
arrangement, assembly, and coordination of all
eBizWebBuilder! Content available on the eBizWebBuilder! Service
or eBizWebBuilder! Solution is the exclusive property
of eBizWebBuilder! and its licensors and protected by
U.S. and international copyright laws. You agree
that, except as expressly authorized by eBizWebBuilder!,
all the eBizWebBuilder! Content and Technology available
on the eBizWebBuilder! Service or eBizWebBuilder! Solution
may be used by you only for your internal business
and data-gathering purposes. You may not make,
use, sell, copy, reproduce, distribute, transmit,
or create derivative works from this eBizWebBuilder!
Content or Technology without expressly being
authorized to do so by eBizWebBuilder!.
12. Trademarks
eBizWebBuilder! (TM), what the web can be (TM), eBizWebBuilder! solutions (TM) and other pending and/or
registered trademarks and service marks, and other
graphics, logos, and service names used by eBizWebBuilder! on the eBizWebBuilder! Service or eBizWebBuilder! Solutions
to identify the products or services of eBizWebBuilder!
(collectively the "eBizWebBuilder! Trademarks")
are the trademarks of eBizWebBuilder!. You agree not
to use the eBizWebBuilder! Trademarks in connection
with your products or services or any third-party
products or services or in any manner that disparages
or discredits eBizWebBuilder!. All other brands and
names (including third-party product names) used
on the eBizWebBuilder! Service are the property of their
respective owners.
13. Limitation on Liability
(a) YOU ARE SOLELY RESPONSIBLE FOR THE PROPER
CONDUCT OF YOUR BUSINESS AND ALL OTHER MATTERS
UNDER YOUR CONTROL. REGARDLESS OF THE TYPE OF
CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU
AGREE THAT IN NO EVENT WILL eBizWebBuilder!, OUR AFFILIATES,
CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS,
OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, OR DELIVERING THE eBizWebBuilder! SERVICE,
TECHNOLOGY, OR CONTENT AVAILABLE ON THE eBizWebBuilder!
SERVICE ("eBizWebBuilder! AFFILIATES"), BE
LIABLE TO YOU IN ANY MANNER WHATSOEVER:
(I) FOR ANY DECISION MADE OR ACTION OR NONACTION
TAKEN BY YOU IN RELIANCE UPON THE INFORMATION
PROVIDED THROUGH THE eBizWebBuilder! SERVICE
(II) FOR LOSS OR INACCURACY OF DATA OR COST OF
PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR
TECHNOLOGY
(III) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED
TO LOSS OF REVENUES AND LOSS OF PROFITS, EVEN
IF eBizWebBuilder! HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
(b) THE AGGREGATE LIABILITY OF eBizWebBuilder! AND
THE eBizWebBuilder! AFFILIATES ARISING FROM OR RELATING
TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION
OR CLAIM) IS LIMITED TO ANY AMOUNTS YOU HAVE PAID
TO eBizWebBuilder! DURING THE TERM OF THIS AGREEMENT
FOR ANY eBizWebBuilder! SERVICE, eBizWebBuilder! SOLUTION,
OR TECHNOLOGY.
(c) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES; IN THOSE JURISDICTIONS OUR LIABILITY
SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
(d) IN NO EVENT IS eBizWebBuilder! OR ANY eBizWebBuilder!
AFFILIATE LIABLE FOR ANY DAMAGES ARISING FROM
YOUR FAILURE TO PERFORM YOUR RESPONSIBILITIES
IN CONNECTION WITH THIS AGREEMENT, OR ARISING
FROM ANY CAUSE BEYOND eBizWebBuilder!'S CONTROL.
(e) THIS SECTION APPLIES TO ALL CLAIMS BY YOU
IRRESPECTIVE OF THE CAUSE OF ACTION UNDERLYING
YOUR CLAIM, INCLUDING BUT NOT LIMITED TO BREACH
OF CONTRACT (EVEN IF IN THE NATURE OF A BREACH
OF CONDITION OR A FUNDAMENTAL TERM OR A FUNDAMENTAL
BREACH), OR TORT, INCLUDING BUT NOT LIMITED TO
NEGLIGENCE, STRICT LIABILITY, FRAUD, MISREPRESENTATION,
AND/OR OTHERWISE.
14. Warranties/Disclaimers
Once you publish your site, you can expect 99
percent availability in any calendar month, excluding
scheduled maintenance or outages beyond our control
or other third-party service provider outages.
Your published site is available when end users
are able to download your homepage from eBizWebBuilder!.
If, for some reason beyond our control, the eBizWebBuilder! service in unavailable to you and your
customers for less than 80% of the time (calendar
month), eBizWebBuilder! will provide a refund for the
affected month. You acknowledge that in no way
will eBizWebBuilder! be held financially responsible
for any loss of business / service as a result
of downtime of your web site or the improper functioning
of it. Please report any technical problems to
Customer Care.
Once an eBizWebBuilder! refund is given (for affected
calendar month), it will be applied to your next
billing cycle. If a credit is necessary, you will
receive the appropriate credit within 6 to 8 weeks
of the end of the month in which the Performance
Guarantee was breached. In no event will eBizWebBuilder!
refund any portion of the package service fee.
Availability shall be calculated solely by eBizWebBuilder!. This Performance Guarantee does not apply
to any technology offered to you in a "preview"
or "beta" mode.
The remedy stated above is your sole remedy for
any breach of the Performance Guarantee.
(a) THE OPINIONS AND VIEWS EXPRESSED IN ANY MEMBER
SITE DO NOT REFLECT THOSE OF eBizWebBuilder!, AND eBizWebBuilder! DOES NOT REVIEW, VERIFY, ENDORSE, OR OTHERWISE
VOUCH FOR THE CONTENT OR LEGITIMACY OF ANY MEMBER
SITES. eBizWebBuilder! IS NOT RESPONSIBLE FOR THE CONTENT
OF ANY MEMBER PAGE. MEMBERS ARE SOLELY RESPONSIBLE
FOR EVERYTHING CONTAINED IN THEIR OWN MEMBER SITE.
MEMBERS MAY BE HELD LEGALLY LIABLE FOR THE CONTENTS
OF THEIR MEMBER SITE AND MAY BE HELD LEGALLY ACCOUNTABLE
IF THEIR MEMBER SITE INCLUDES, FOR EXAMPLE, ANY
DEFAMATORY COMMENTS OR MATERIAL PROTECTED BY COPYRIGHT,
TRADEMARK, PATENT, OR TRADE SECRET OR OTHER LAWS
WITHOUT THE EXPRESS PERMISSION OF THE AUTHOR OR
OWNER.
(b) eBizWebBuilder! IS NOT RESPONSIBLE FOR THE DELIVERY
OR QUALITY OF ANY GOODS OR SERVICES SOLD OR ADVERTISED
THROUGH THE eBizWebBuilder! NETWORK OR THROUGH ANY eBizWebBuilder! AFFILIATE PROGRAM OR THROUGH THE MEMBER
SITES.
(c) EXCEPT FOR 14(a), ALL eBizWebBuilder! SERVICE,
CONTENT, AND TECHNOLOGY PROVIDED IN ASSOCIATION
WITH THE eBizWebBuilder! SERVICE ARE PROVIDED "AS
IS" WITHOUT WARRANTIES OF ANY KIND. TO THE
FULL EXTENT PERMISSIBLE BY APPLICABLE LAW AND
EXCEPT AS SPECIFICALLY SET FORTH HEREIN, NEITHER
eBizWebBuilder! NOR eBizWebBuilder!'S LICENSORS MAKE ANY WARRANTIES
OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO
THE eBizWebBuilder! SERVICE, CONTENT, TECHNOLOGY, OR
PRODUCTS THAT eBizWebBuilder! OR ITS LICENSORS OR ANY
OTHER THIRD PARTY PROVIDES, AND eBizWebBuilder! AND
ITS LICENSORS EXPRESSLY DISCLAIM ALL IMPLIED AND
EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT WITH
RESPECT TO THE SAME. WITHOUT LIMITING THE FOREGOING,
NO WARRANTY IS GIVEN THAT THE eBizWebBuilder! SERVICE
OR TECHNOLOGY IS ERROR-FREE. eBizWebBuilder! AND ITS
LICENSORS DISCLAIM ANY WARRANTY OF TITLE OR ANY
OTHER WARRANTIES FOR ANY THIRD PARTY'S OFFERING(S)
OR PRODUCT(S).
(d) eBizWebBuilder! DOES NOT GUARANTEE THAT ITS SECURITY
PROCEDURES WILL PREVENT THE LOSS OF, ALTERATION
OF, OR IMPROPER ACCESS TO YOUR INFORMATION. eBizWebBuilder! AND ITS LICENSORS ARE NOT RESPONSIBLE FOR
INVALID DESTINATIONS AND TRANSMISSION ERRORS IN,
CORRUPTION OF, OR THE SECURITY OF YOUR INFORMATION
CARRIED OVER INTEREXCHANGE CARRIERS', LOCAL EXCHANGE
CARRIERS', OR OTHER PROVIDERS' FACILITIES.
(e) THE DOCUMENTS AND GRAPHICS APPEARING ON THE
eBizWebBuilder! SERVICE MAY INCLUDE TECHNICAL INACCURACIES,
TYPOGRAPHICAL ERRORS, AND OUT-OF-DATE INFORMATION;
THEREFORE YOU EXPRESSLY ASSUME ALL RISK FOR SUCH
USE OF THE eBizWebBuilder! SERVICE, eBizWebBuilder! SOLUTION,
OR TECHNOLOGY.
(f) eBizWebBuilder! MAY PROVIDE LINKS TO OTHER WEB
SITES OR RESOURCES. YOU ACKNOWLEDGE AND AGREE
THAT eBizWebBuilder! 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 ALSO AGREE THAT eBizWebBuilder! 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 SUCH
EXTERNAL THIRD-PARTY SITES.
(g) eBizWebBuilder! makes no warranty, pledge or guarantee
as to the effect of Search Engine Marketing or
Positioning on your business results.
15. Miscellaneous
(a) This Agreement shall be governed by and construed
in accordance with U.S. federal laws, excluding
its conflict-of-law provisions. The application
of the United Nations Convention on Contracts
for the International Sale of Goods is expressly
excluded. Any law or regulation that provides
that the language of a contract shall be construed
against the drafter shall not apply to this Agreement.
You agree to submit to the exclusive jurisdiction
of the federal and provincial courts of the province
of Ontario, which are located in Toronto, ON.
If local laws prohibit your participation in any
part of the eBizWebBuilder! Service, or use of them,
then you are responsible for complying with such
laws and the terms of this Agreement.
(b) Any and all disputes between you and eBizWebBuilder!
will be settled by arbitration in Toronto, ON,
in accordance with the provincial regulations
then in force, and you agree that all negotiations,
discussions, and settlements shall be subject
to obligations of confidentiality and shall not
be disclosed to any third party.
(c) If any provision(s) of this Agreement is
held to be contrary to law, then such provision(s)
shall be construed, as nearly as possible, to
reflect the intentions of the parties with the
other provisions remaining in full force and effect.
(d) All notices to you shall be in writing and
shall be made either via email or conventional
mail, or by posting such notices on the eBizWebBuilder!
Service. eBizWebBuilder! may broadcast notices or messages
through the eBizWebBuilder! Service to inform you of
changes to this Agreement, the eBizWebBuilder! Service,
or other matters of importance; such broadcasts
shall constitute notice to you. All notices to
eBizWebBuilder! from you must be made in writing via
our Customer Care form.
(e) eBizWebBuilder!'s failure to exercise or enforce
any right or provision of this Agreement shall
not constitute a waiver of such right or provision
unless acknowledged and agreed to by eBizWebBuilder!
in writing.
(f) Except in the event that you purchase any
eBizWebBuilder! Solution, this Agreement comprises the
entire agreement between you and eBizWebBuilder! and
supersedes all prior agreements between the parties
regarding the subject matter contained herein.
Should you choose to purchase any eBizWebBuilder! Solution,
you will be bound by all terms and conditions
relating to the provision of such eBizWebBuilder! Solution.
(g) Your membership in the eBizWebBuilder! Service
and any of your rights hereunder may not be assigned
or transferred to any third party. eBizWebBuilder! reserves
the right to assign this agreement to any third
party that acquires all or substantially all of
its relevant business or assets.
(h) The section titles in this Agreement are
solely used for the convenience of the parties
and have no legal or contractual significance.
(i) You represent and warrant that you are over
the age of 18 years, have read this Agreement,
and agree to be bound by its terms and conditions.
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