PLEASE READ THESE TERMS OF
USE CAREFULLY.
By accessing or otherwise
using this site, you agree to be bound contractually by these Terms of Use.
TERMS OF USE
Effective Date:
May 23, 2006
A listing of material
changes to this Agreement and their effective dates is provided at
http://www.websitepipeline.com/legal.
1.
Parties.
The parties to this Agreement are you, and the owner and operator of this web
site: Ebiz4idiots, Inc. websitepipeline ("websitepipeline"). All references to
"we", "us", "this web site" or "this site" shall be construed to mean
websitepipeline.
2.
Modification of Agreement.
We reserve the right to modify this Agreement at any time, and without prior
notice, by posting an amended Agreement that is always accessible through the
"Privacy Policy" link on this site's home page. Your continued use of this site
indicates your acceptance of the amended Agreement. You should check this
Agreement through this link periodically for modifications by clicking on the
link provided near the top of the Agreement for a listing of material changes
and their effective dates.
3.
License.
websitepipeline grants you a limited non-exclusive, non-transferable, and
revocable license to access and use the public areas of this site, only for your
personal use and not for purposes of resale, except as may be provided in any
separate written agreement signed by the parties or separate agreement
originating with this site; provided, however, that you do not modify this site,
its content, or any copyright or other proprietary notices. This license
terminates automatically if you breach any of these Terms of Use. Unauthorized
use of this site or any content may violate copyright laws, trademark laws, the
laws of privacy and publicity, and communications regulations and statutes.
4.
Restrictions.
Except as expressly authorized herein or in any separate written agreement
signed by the parties or separate agreement originating from this site, you may
not copy, modify, distribute, download, display, transfer, post, or transmit
this site or its content in any form without websitepipeline's prior written
permission.
5.
Prohibited
Activities. The
following activities are also expressly prohibited without websitepipeline's
prior written permission: any non-personal or commercial use, except as may be
provided in any separate written agreement signed by the parties or separate
agreement originating with this site; use of any robot, spider, other automatic
device, or manual process to monitor or copy this site or any of its content;
"mirroring" this site or any content on any other server; collection or use of
product listings, descriptions, or prices for a supplier of competitive or
comparable products; and any action that imposes an unreasonable or
disproportionately large load on this site or otherwise interferes with its
functioning.
6.
Posting To
This Site. We
will not treat information that you post to areas of this site that are viewable
by others (for example, to a forum or chat-room) as confidential or proprietary.
By posting information to this site, you agree that we may use that information
without restriction. You may not post any infringing, threatening, defamatory,
sexually graphic, inflammatory, profane, or other inappropriate material. We
have no obligation to monitor posts to this site; however, we reserve the right
to review such posts and to remove any material that, in our judgment, is not
appropriate.
7.
Defamation; Communications Decency Act Notice.
This site is a provider of
“interactive computer services” under the Communications Decency Act, 47 U.S.C.
Section 230, and as such, our liability for defamation and other claims arising
out of any postings to this site by third parties is limited as described
therein. We are not responsible for content or any other information posted to
this site by third parties. We neither warrant the accuracy of such postings
nor, nor do we assume any legal obligation or liability in connection with such
postings, including any responsibility or liability for investigating or
verifying the accuracy of any content or any other information contained in such
postings.
8.
Monitoring. We
reserve the right, but not the obligation, to monitor your access and use of
this web site without notification to you. We may record or log your use in a
manner as set out in our Privacy Policy that is accessible though the “Legal”
link on this site’s home page.
9.
ECPA
Notice. This web
site treats email messages and other communications through this site as
private. Exceptions are those permitted by law, included under the Electronic
Communications Privacy Act of 1986, 18 U.S.C. Sections 2701-2711 (the "ECPA").
The ECPA permits our limited ability to intercept and/or disclose electronic
messages, including, for example (i) as necessary to operate our system or to
protect our rights or property, (ii) upon legal demand (court orders, warrants,
subpoenas), or (iii) where we receive information inadvertently which appears to
pertain to the commission of a crime. This site is not considered a "secure
communications medium" under the ECPA.
10.
USA
Patriot Act Notice.
The U.S. federal USA Patriot Act ("USA Patriot Act") provides generally for the
operator of a communication host and law enforcement to be able to monitor any
content, upon request of the operator. We anticipate fully complying with all
our obligations, and availing ourselves of all our rights, under the USA Patriot
Act.
11.
Separate
Agreements. You
may acquire products, services and/or content from this site, and your purchase
and use of such products, services and/or content will be governed by these
Terms of Use and/or by any separate written agreement signed by the parties
and/or separate agreement originating from this site.
12.
Ownership.
The material provided on this site is protected by law, including, but not
limited to, United States copyright law and international treaties. The
copyright in the content of this site is owned by websitepipeline or others.
Except for the limited rights granted above, all other rights are reserved. All
trademarks are the property of their respective owners.
13.
Copyright
Infringement; The Digital Millennium Copyright Act Notice.
This site is an Internet "service provider” under the Digital Millennium
Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As Required by the DMCA, this
site maintains specific contact information provided below, including an e-mail
address, for notifications of claimed infringement regarding materials posted to
this site. All notices should be addressed to the contact person specified below
(our agent for notice of claimed infringement):
Notification of Claimed
Infringement
websitepipeline
319 Garlington Road
Suite B-3
Greenville, SC, 29615
Telephone:864-272-4000
Facsimile:864-272-3299
You may contact our agent
for notice of claimed infringement specified above with complaints regarding
allegedly infringing posted material and we will investigate those complaints.
If the posted material is believed in good faith by us to violate any applicable
law, we will remove or disable access to any such material, and we will notify
the posting party that the material has been blocked or removed.
In notifying us of alleged
copyright infringement, the DMCA requires that you include the following
information: (i) description of the copyrighted work that is the subject of
claimed infringement; (ii) description of the infringing material and
information sufficient to permit us to locate the alleged material; (iii)
contact information for you, including your address, telephone number and/or
e-mail address; (iv) a statement by you that you have a good faith belief that
the material in the manner complained of is not authorized by the copyright
owner, or its agent, or by the operation of any law; (v) a statement by you,
signed under penalty of perjury, that the information in the notification is
accurate and that you have the authority to enforce the copyrights that are
claimed to be infringed; and (vi) a physical or electronic signature of the
copyright owner or a person authorized to act on the copyright owner's behalf.
Failure to include all of the above-listed information may result in the delay
of the processing of your complaint.
14.
Accuracy
of Information and Disclaimer of Warranty.
websitepipeline has made every effort to present the content on this site
accurately, but additions, deletions and changes may occur. Except as may be
provided in any separate agreements originating from this site, products,
services, and/or content on this site is provided “as is”, and neither
websitepipeline nor its representatives make any representation or warranty with
respect to such products, services, and/or content. EXCEPT AS MAY BE PROVIDED IN
ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT
ORIGINATING FROM THIS SITE, WEBSITEPIPELINE AND ITS REPRESENTATIVES SPECIFICALLY
DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT
ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NONINFRINGEMENT, OR
FITNESS FOR ANY PARTICULAR PURPOSE.
15.
Limitation
of Liability.
Under no circumstances will websitepipeline or its affiliates have any liability
with respect to any claims or damages (whether direct or indirect, special,
incidental, consequential or punitive) as a result of your access or use of (or
inability to access or use) this site or its content, even if they have been
advised of the possibility of such damages. You access and use this site at your
own risk.
16.
Links to
This Site.
websitepipeline grants you a limited, revocable, and nonexclusive right to
create a hyperlink to the home page of this site so long as the link does not
portray websitepipeline or its products or services in a false, misleading,
derogatory, or offensive matter. You may not use the websitepipeline logo,
websitepipeline trademark, or websitepipeline’s name or trademarks, or other
proprietary graphic in the link without the prior written permission of
websitepipeline.
17.
Links to
Third Party Web Sites.
websitepipeline does not review or control third party Web sites that link to or
from this site, is not responsible for their content, and does not represent
that their content is accurate or appropriate. Your use of such third party site
is on your own initiative and at your own risk and may be subject to the other
sites’ terms of use.
18.
Participation In Promotions Of Advertisers.
You may enter into
correspondence with or participate in promotions of advertisers promoting their
products, services or content on this site ("Advertisers"). Any such
correspondence or participation, including the delivery of and the payment for
products, services or content, are solely between you and each Advertiser.
19.
Consumer
Rights Information; California Civil Code Section 1789.3.
Pricing information is posted as part of the ordering page(s) for this site.
websitepipeline maintains specific contact information including an e-mail
address for notifications of complaints and for inquiries regarding pricing
policies in accordance with California Civil Code Section 1789.3. All
correspondence should be addressed to websitepipeline's agent for notice at the
following address:
Notification of
Consumer Rights Complaint or Pricing Inquiry
websitepipeline
319 Garlington Road
Suite B-3
Greenville, SC, 29615
Telephone:864-272-4000
Facsimile:864-272-3299
You may contact websitepipeline with complaints and inquiries regarding pricing
and we will investigate those matters and respond to the inquiries.
The Complaint Assistance Unit of the Division of Consumer Services of the
Department of Consumer Affairs may be contacted in writing at 1020 N. Street,
#501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
20.
Arbitration.
Except for actions to protect intellectual property rights and to enforce an
arbitrator’s decision hereunder, all disputes, controversies, or claims arising
out of or relating to this Agreement or a breach thereof shall be submitted to
and finally resolved by arbitration under the rules of the American Arbitration
Association (“AAA”) then in effect. There shall be one arbitrator, and such
arbitrator shall be chosen by mutual agreement of the parties in accordance with
AAA rules. The arbitration shall take place in Greenville, South Carolina, and
may be conducted by telephone or online. The arbitrator shall apply the laws of
the State of South Carolina, USA to all issues in dispute. The controversy or
claim shall be arbitrated on an individual basis, and shall not be consolidated
in any arbitration with any claim or controversy of any other party. The
findings of the arbitrator shall be final and binding on the parties, and may be
entered in any court of competent jurisdiction for enforcement. Enforcements of
any award or judgment shall be governed by the United Nations Convention on the
Recognition and Enforcement of Foreign Arbitral Awards. Should either party file
an action contrary to this provision, the other party may recover attorney's
fees and costs up to $1000.00.
21.
Jurisdiction And Venue.
The courts of Greenville County in the State of South Carolina, USA and the
nearest U.S. District Court shall be the exclusive jurisdiction and venue for
all legal proceedings that are not arbitrated under these Terms of Use.
22.
Controlling Law.
This Agreement shall be construed under the laws of the State of South Carolina,
USA, excluding rules regarding conflicts of law. The application the United
Nations Convention of Contracts for the International Sale of Goods is expressly
excluded.
23.
Intended
For Use Only In The United States.
This site is controlled and operated by websitepipeline from its offices within
the United States. websitepipeline does not represent that this site is
appropriate or available for use elsewhere; access to this site from locations
where its contents are illegal is not authorized. If you access this site from
outside the United States, you do so on your own initiative and at your own
risk.
24.
Force
Majeure. We
shall not be liable for damages for any delay or failure of delivery arising out
of causes beyond their reasonable control and without their fault or negligence,
including, but not limited to, Acts of God, acts of civil or military authority,
fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or
communications failures.
25.
Privacy.
Please review
this site's Privacy Policy at http://www.websitepipeline.com/legal which also
governs your visit to this site.
