My First Business and company (collectively with its affiliated companies, “Dealforbiz,” “we,” “us” or ” our”) has created a website at www.dealforbiz.com (the “Website” or “Site”) that provides social networking and other services for business professionals.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE WEBSITE OR PARTICIPATE IN OUR SERVICES. BY ACCESSING OR REGISTERING TO USE THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT ACCESS OUR WEBSITE OR REGISTER TO PARTICIPATE IN OUR SERVICES.
2. Our Services; Overview. The Website provides social networking and other services for business professionals. As a Registered User, you can (i) join a network that includes entrepreneurs, executives, business brokers, investment bankers, and private equity groups; (ii) create a profile to describe you professionally and the business(es) with which you are involved; (iii) follow other Registered Users who sell goods and services that you are interested in and have followers automatically found for you; (iv) create listings for goods and services that you or your Organization are selling (each, a “Listing”) and upload posts regarding topics of interest to you and your followers (each, a “Post”), (v) search Listings on our Site for goods and services that are for sale and review the Posts of other Registered Users; (vi) obtain identity verification services and be able to determine whether other users identities have been verified; (vii) send secure messages to other users, which may be delivered via email (without the sender’s email being displayed); (viii) post information for other users you to review and have that information translated automatically into your followers’ language(s); and (ix) upload contacts from your address book to find and follow people you know who are also Registered Users. Each Registered User will only be granted access to the Website to the extent appropriate for his/her relationship with Dealforbiz, and only in accordance with Section 5.2 (Grant of Rights to Registered Users).
3. Obtaining a Password; Protecting Your Password.
3.1. Obtaining and Using a Password. Only Registered Users who have a valid password are authorized to access the password-protected areas of the Website. Registered Users must keep in mind that we will treat anyone who uses their user name and password as that user. We will provide this individual with all of the rights and privileges that we provide to that Registered User, and we will hold that Registered User responsible for the activities of a person using the Registered User’s password. We therefore recommend that Registered Users maintain their user name and password in confidence, and that they refrain from disclosing this information to anyone who might “pretend” to be that Registered User with respect to the Website and their participation in the Services. We also ask that Registered Users notify us immediately if they suspect that someone is using their user name and/or password in this or any other inappropriate manner.
4. Ownership; Reservation of Rights. The Website, Services, and associated Dealforbiz Content are the proprietary property of Dealforbiz and our licensors, and are protected by U.S. and international copyright and other intellectual property laws, or are used under the principles of fair use. Dealforbiz and our licensors retain all rights with respect to the Website, Services and Dealforbiz Content except those expressly granted to you in these Terms.
5. Grant of Rights.
5.1. Grant of Rights to Site Visitors. As a Site Visitor, subject to your compliance with these Terms, you are granted the right to access our Website solely for your personal, non-commercial use. You may not (i) access, view, modify or otherwise use any portion of our Website not made expressly accessible to you, or (ii) modify, copy, distribute or otherwise use the Website, Dealforbiz Content or Services without our express permission.
5.2. Grant of Rights to Registered Users. As a Registered User, subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, worldwide right to access, execute, display, perform, and otherwise use the Website solely for your personal or your Organization’s internal use of the Services, provided that you shall not: (i) license, sublicense, sell, resell, distribute or otherwise commercially exploit the Website or the Services to any third party; (ii) modify or make derivative works based upon the Website, Dealforbiz Content, or Services; or (iii) reverse engineer, reverse compile, or access the Website or Services in order to build a competitive product or service. You may access and view certain password-protected areas of our Website for use solely in conjunction with the Services and as provided in these Terms, and you may not otherwise modify, copy, distribute, or otherwise use the Website, Dealforbiz Content or Services.
5.3. Duration of Rights for Registered Users. As a Registered User, you will continue to enjoy your rights under Section 5.2 (Grant of Rights to Registered Users) for as long as you are a Registered User, unless your password is revoked or suspended, as set out in Section 11 (Monitoring; Revocation or Suspension of Use Privileges).
6. Registered User Grant of Rights.
6.1. Grant of Rights to Dealforbiz in User Content. By submitting User Content for participation in our Services, you grant Dealforbiz the right to use, copy, reformat, index, modify, display and distribute your User Content for the purposes of providing our Services. No compensation will be paid with respect to Dealforbiz’s use of your User Content.
6.2. Rights/Permissions You Must Have in Your User Content. In submitting User Content, you represent and warrant that you have sufficient authority and rights to post such User Content, and to provide the grant of rights to us in Section 6.1 (Grant of Rights to Dealforbiz in User Content).
6.3. Grant of Rights to other Users in Listings and Posts. By posting a Listing or Post, you agree to allow the Listing or Post, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Site / Services. Dealforbiz shall have the sole authority to choose the manner in which any Listing or Post will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Site and shall have the right to modify the Listing or Post solely as necessary to its provision of the Site and Services in the exercise of its rights under these Terms.
7. User Content. You represent and warrant (i) that you have all necessary rights and authorizations to post any User Content (including without limitation, Listings and Posts) you post on the Website, and (ii) the accuracy of the information contained in any Listing, Post or other information you provide as part of the User Content. Dealforbiz does not validate User Content in any way but may, in its sole discretion but without any obligation to do so, remove User Content that is alleged to have been submitted in violation of these Terms. Dealforbiz may require additional evidence of compliance with this these Terms from users who are alleged to have submitted User Content or other information in violation of these Terms.
8. Payment Obligations.
8.1. You agree to pay Dealforbiz for the Services using the payment method indicated, and provide Dealforbiz express authorization to charge said fees as agreed to at the time of registration or renewal. Fees owed depend on the specific type and quantity of Services subscribed to by you from time to time (no payment is required for the Basic Membership). Payment of fees shall not be contingent on any events other than the provision of the subscribed Services. You agree to be responsible for any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts for the Services.
8.2. Dealforbiz shall notify you electronically 30 days in advance before making any changes to such fees. You will not be entitled to a refund if you do not use Services for which you have previously paid.
10. Code of Conduct. As a condition to your use of the Website and the Services, you agree to follow our Code of Conduct, set out below. Under this Code, you will not:
- Upload, email or otherwise transmit any images or other User Content that is unlawful, obscene, harmful, hateful, invades the privacy of any third party, contains nudity or pornography or is otherwise objectionable.
- Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private or sensitive information about another person, without that person’s consent.
- Submit material that is intentionally false, defamatory, unlawfully threatening or unlawfully harassing.
- Subject to the consent of the person concerned, submit, upload, email or otherwise transmit any personally identifiable information, or other materials that reveal personal, private or sensitive information about such person that is inaccurate.
- Infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, games, images and text in electronic form – can easily be copied, modified and sent over networks (such as the internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Website without the copyright owner’s permission or without a legitimate “fair use” justification for the transmittal.
- Transmit materials that contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- Use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.* Use the Website in a manner that could disable, overburden or impair the Website or Services or interfere with any other party’s use and enjoyment of the Website and Services, such as through sending “spam.”
- Use the Website to test or reverse engineer the Website in order to find limitations, vulnerabilities or to evade filtering capabilities.
- Seek to obtain access to any materials or information through “hacking”, “data harvesting” or through other means we have not intentionally made available to you through the Website.
- Use the Website for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website to violate any law, statute or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
12. Links to Third-Party Sites. The Website may contain links or produce search results that reference links to third party websites (collectively, “Linked Sites”). Dealforbiz has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions or materials available on Linked Sites. Dealforbiz does not endorse the content of any Linked Site, nor does Dealforbiz warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk.
13. User Disputes. Dealforbiz is not responsible for and is not liable for the User Content or conduct of Registered Users. You are solely responsible for your User Content, conduct, and interaction with other Registered Users, both online or offline. We have no obligation to become involved in disputes between Registered Users. If you have a dispute with one or more Registered Users, you release Dealforbiz (and our officers, directors, agents, employees, subsidiaries and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
14. Warranty Disclaimer.
Dealforbiz DOES NOT PROMISE THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT YOU WILL OBTAIN SPECIFIC RESULTS FROM YOUR USE OF THE WEBSITE AND PARTICIPATION IN THE SERVICES OR YOUR USE OF ANY CONTENT, SEARCH OR LINK ON IT. THE WEBSITE, SERVICES AND CONTENT WITHIN, INCLUDING LISTINGS AND POSTS, ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHEN YOU ACCESS THE WEBSITE AND SERVICES, YOU DO SO AT YOUR OWN RISK. Dealforbiz DOES NOT REPRESENT OR WARRANT THAT MATERIALS YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.THE INFORMATION PROVIDED ON THE WEBSITE IS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE, NOR IS IT A SUBSTITUTE FOR PROFESSIONAL ADVICE.
Dealforbiz EXPRESSLY DISCLAIMS: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES AND CONTENT IS AT YOUR SOLE RISK.
15. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL Dealforbiz BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE WEBSITE, SERVICES OR Dealforbiz CONTENT. IN NO EVENT SHALL Dealforbiz’S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO Dealforbiz FOR THE SPECIFIC SERVICES UPON WHICH THE CLAIM IS BASED.
16. Indemnity. You agree to defend, indemnify and hold Dealforbiz and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to (i) your breach of these Terms; or (ii) a dispute between you and another user in connection with a listing.