INTRODUCTION
Welcome to our Web site. This web page contains
our TOS which is a contract between you and us
that you must agree to when visiting our web site
or using or purchasing any of our products or
services.
DEFINING THE PARTIES
The terms 'You', 'Prospect', 'Customer' or 'Licensee'
includes you and any of your owners, employees,
partners, independent contractors, subsidiaries,
affiliates, attorneys, agents, heirs, and assigns.
It also may be referred to as the person accessing
the website or buying or using the product or
service.
The terms 'Cyberbiz Network,' 'Us,' 'We,' or
'Licensor' includes our owners, employees, subsidiaries,
independent contractors, agents, attorneys, and
assigns.
DISCLAIMERS
ALL CONTENT IS PROVIDED "AS IS" AND ANY AND
ALL WARRANTIES ARE DISCLAIMED, WHETHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
LEGAL DISCLAIMER
The information available from this website which
belongs to the Cyberbiz Network ("CBN")
has been prepared and/or obtained for general
information, education, reference, and entertainment
purposes only and is not intended to provide legal
advice. CBN, Mark Shroyer, and/or Cyberbiz Network
is not a licensed attorney and is not providing
legal advice. We are not your lawyer.
While every effort is made to ensure the correctness
and completeness of the information contained
herein, you acknowledge that CBN, its owners,
employees, officers, directors, attorneys, and
agents do not promise or guarantee that the information
contained herein is correct, complete, or up-to-date.
Business strategies, business environments and
the law is continually changing and your particular
circumstances may require the consideration of
facts, laws and issues that are not fully addressed
in CBN. There is no guarantee that the information
in CBN is correct, complete, or up-to-date for
any specific circumstance. You agree that you
will not act upon anything contained at CBN without
first seeking professional counsel.
LIMITATION OF LIABILITY
Our cumulative liability to you or anyone else
for any loss or damages resulting from any claims,
demands, or actions arising out of or relating
to this Agreement or use of the content or website
shall not exceed the amount you have paid to us
for the product or service. In no event shall
we be liable for any indirect, incidental, consequential,
special, or exemplary damages or lost profits,
even if we have been advised of the possibility
of such damages. You agree that the foregoing
constitutes your sole and exclusive remedy for
any breach of this Agreement. SOME STATES DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU.
EARNINGS DISCLAIMER
There is no promise or representation that you
will make a certain amount of money, or any money,
or not lose money, as a result of using our products
and services. Any earnings, revenue, or income
statements are strictly estimates. There is no
guarantee that you will make these levels for
yourself.
Any earnings, revenue, or income statements
are based on actual individual results and/or
estimates as may be stated. There is no guarantee
that you will make these levels for yourself.
If we know typical buyer results they are listed.
Otherwise, we do not know typical buyer results
and you should take that into consideration.
As with any business, your results will vary
and will be based on your personal abilities,
experience, knowledge, capabilities, comprehension,
level of desire, and an infinite number of variables
beyond our control, including variables we or
you have not anticipated. There are no guarantees
concerning the level of success you may experience.
Each person's results will vary.
There are unknown risks in any business, particularly
with the Internet where advances and changes can
happen quickly. The use of our information, products
and services should be based on your own due diligence
and you agree that we are not liable for your
success or failure.
AFFILIATE DISCLAIMER
CBN may at times accept forms of cash advertising,
sponsorship, paid insertions or other forms of
affiliate compensation. The compensation received
may or may not influence the advertising content,
topics or information presented on this site.
Paid content or advertising may not always be
identified as paid or sponsored content. Not all
content is written or presented for the sole purpose
of receiving affiliate income. Clicking on links
or purchasing products contained on this website
may generate income for this website owner(s).
CBN does contain some content which may or may
not present a conflict of interest. This content
may not always be immediately identified due to
the nature of posting methods. When possible every
attempt will be made to identify advertising from
general non-advertising content.
CBN may link to other locations via the Internet,
and there is no endorsement, guarantee or warranty
made or implied with respect to the content and
information available at another site, and CBN
does not monitor any linked sites or evaluate
the propriety or correctness of any information
available at a linked site.
If you need legal advice, please retain counsel.
GOVERNING LAW
This Agreement in all respects shall be governed
by and construed according to the laws of the
State of Iowa to the exclusion of any other applicable
body of governing law, without regard to conflicts
of laws principles.
JURISDICTION
This Agreement is entered into in Wapello County,
Iowa. You consent to the exclusive jurisdiction
of the state of Iowa and county of Wapello for
any dispute arising from or related to this Agreement.
VENUE
You consent to and agree that the exclusive forum
and venue for any dispute arising from or related
to this Agreement will be a court located in Wapello
county, Iowa.
ARBITRATION AGREEMENT
- You and we agree that any and all disputes
arising out of or related to this Agreement
shall be decided by binding arbitration pursuant
to the Commercial Arbitration Rules of the American
Arbitration Association, which can be found
at http://www.adr.org.
- You represent and agree that you are purchasing
our services or products for business purposes,
and not for any consumer, personal, or household
use, and that you are not deemed to be a 'consumer'
and will not invoke arbitration rules applicable
to consumers.
- You agree that the arbitrator can enter a
default judgment against you if you do not follow
AAA rules, and that default judgment can be
entered and enforced in any court of competent
jurisdiction and in the courts of the State
of Iowa.
SEVERABILITY
Should any term of this Agreement be declared
void or unenforceable, that term shall be severed
from the Agreement such declaration shall have
no effect on the enforceability of the remaining
terms.
ATTORNEY'S FEES
If we prevail in any claim then you agree to
pay our attorney's fees.
NO WAIVER OF RIGHTS
Our failure to enforce any rights granted in
this Agreement or to take action against any other
party in the event of any breach shall not be
deemed a waiver by us as to subsequent enforcement
of rights or subsequent actions in the event of
future breaches.
AGE RESTRICTION
You must be at least 18 years old to access this
website or to purchase products or services from
us. We do not direct this website to minors, nor
do we knowingly collect any personal information
from children under the age of thirteen.
COPYRIGHT DMCA NOTICE
Copyright Information
All products are copyrighted by us or licensed
to us by its rightful owners or appropriate 3rd
party. All rights reserved. Our information may
not be copied in part or in full without our express
written consent.
Notices for Copyright Violations
Our website and services may allow others to
add files or content to our website or services.
Links may also be added to websites that are controlled
by others. This may be done automatically and
without our review. It is our policy, to suspend
or terminate the accounts of users who may intentionally
or repeatedly infringe the copyrights of others.
Whether we choose to do so is entirely within
our discretion. If you believe that your material
for which you own the copyright has been infringed
upon or violated, please provide our Copyright
Agent, in writing, with the following information:
- A physical or electronic signature of a person
authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed
to have been infringed, or, if multiple copyrighted
works at a single online site are covered by
a single notification, a representative list
of such works at that site.
- Identification of the material that is claimed
to be infringing or to be the subject of infringing
activity and that is to be removed or access
to which is to be disabled, and information
reasonably sufficient to permit us to locate
the material.
- Information reasonably sufficient to permit
us to contact the complaining party, such as
an address, telephone number, and, if available,
an electronic mail address at which the complaining
party may be contacted.
- A statement that the complaining party has
a good faith belief that use of the material
in the manner complained of is not authorized
by the copyright owner, its agent, or the law.
- A statement that the information in the notification
is accurate, and under penalty of perjury, that
the complaining party is authorized to act on
behalf of the owner of an exclusive right that
is allegedly infringed.
Our agent for notice of claims of copyright
infringement is:
PROHIBITED ACTS
- You will not assign, sublicense, transfer,
pledge, sell, lease, rent, lend, or otherwise
dispose of the content, or any part of it, or
share your rights under this Agreement, to others,
without our explicit written consent.
- You will not give others access to your username
and password.
- You will not violate any laws, third party
rights, or this Agreement. This includes, but
is not limited to, not posting any material
or content that is defamatory, harassing, belongs
to someone else, is obscene or pornographic.
- You will not provide false or misleading
information to us.
MEMBERSHIP TERMS
Membership is personal to you and you will not
assign, sublicense, transfer, pledge, sell, lease,
rent, lend, or share your rights under this Agreement
with others. You will not give others access to
your username and password.
If you post information to the members area
(including but not limited to text, images, graphics,
sounds, etc.) for use or display, privately or
publicly, you own your content. You are responsible
for your words. However, you grant us a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free,
sublicensable right to exercise all copyright,
moral, and publicity rights in the content, in
any manner whatsoever, in any media or form now
known or which may be created in the future, including
in other works and forms not associated with this
website. If your membership terminates you are
not entitled to demand removal of any content
you have contributed.
Your approval to access this website terminates
when your membership ends. We reserve the right
to delete or require the modification of accounts
created by users who appropriate the name, likeness,
email address, or other personally identifiable
information of another individual or company.
The appropriateness of all usernames, membernames,
and access identifiers is at our sole discretion.
We reserve the right to refuse membership, access,
or continued access to the service, or any part
of the service, to any user at any time for any
reason and without explanation. If we take such
action and it is unrelated to your breach of this
agreement you will be provided a refund of your
membership.
You may not create multiple usernames and accounts
for the purpose of committing fraud, making misrepresentations,
or to circumvent a prior membership termination.
If your membership is terminated by us you are
not authorized to apply for a new membership.
You will not use the membership area to harass
or abuse other members. Individuals who have harassed
others may be removed.
Nothing in the membership may be disclosed beyond
its website. If you breach this agreement your
membership may be terminated without notice.
CONSENT TO USE INFORMATION
When you communicate with us, send us information,
or provide content to us or our website, you grant
us a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sublicensable right to exercise
all copyright and publicity rights you have in
the content, in any manner whatsoever, in any
media now known or which may be created in the
future, including in other works and forms not
associated with this website.
RESELL RIGHTS INFORMATION
We may offer products with what are known as
"resell rights." There are two types of resell
rights that can accompany different products:
Basic Resell Rights and Master Resell Rights.
By accessing this website, related sites where
products with resell rights can be downloaded,
or purchasing our products, you agree to adhere
to the resell rights associated with each product
you sell.
Basic Resell Rights
With Basic Resell Rights you have the right
to sell the product to others and keep 100 percent
of the profits. You do not need to pay royalties
per sale. The persons to whom you sell the product
do not have the right to sell the product to others
and it is for their own personal use only.
Basic Resell Rights are your default rights
if you are unsure of what rights come with a product.
If you see a product of ours listed as having
'Resell Rights' that is the same as having Basic
Resell Rights. Please read and abide by the accompanying
license for what you can and cannot do. If no
rights are explicitly listed or there is no accompanying
license that means it is for your own personal
use only and you have no rights to give it away
or resell it.
Master Resell Rights
With Master Resell Rights you have the right
to sell the product to others and keep 100 percent
of the profits. You do not need to pay royalties
per sale. Additionally, you can sell the Basic
Resell Rights to others so that person to whom
you sell the product have the right to also sell
the product to others.
You only have Master Resell Rights if you see
the word 'master' associated with your rights.
Please read and abide by the accompanying license
for what you can and cannot do.
Private Label Content
Private Label Content is copyrighted, but licensed
to you to call as your own content on your own
websites. Private Label Content does not come
with Basic or Master Resell Rights unless explicitly
stated otherwise. Please read and abide by the
accompanying license for what you can and cannot
do.
Additionally, you cannot submit Private Label
Content to article directories or other resources
where the Private Label Content could be used
by persons who are not members of this website.
PERMISSIBLE CHANGES TO CONTRACT TERMS
This Agreement contains the complete and entire
understanding and agreement between you and us
and supersedes any previous communications, representations,
or agreements, verbal or written, related to the
subject matter of this Agreement.
This Agreement may not be modified or amended
orally, impliedly, or in any manner not set forth
in writing or permitted by this Agreement.
This Agreement may be amended by us at any time
and without notice, but only by amending this
Agreement as posted on this website, unless otherwise
agreed to in a writing signed by both of us.
Any amendments will become effective 30 days
after being posted on the website, unless circumstances
require that a change be immediately implemented.
As a condition for this Agreement you agree to
periodically check this Agreement posted at this
page. You agree that your continued use of our
product or service after that date will constitute
your consent and acceptance of the amendment.
Date of this Agreement: August 10, 2014
