The BusinessOpportunity.com Web Site and related services are designed for finding business opportunities, distributorships, licensee opportunity and small franchises specific to the needs of our users.
1. Description of Service
BusinessOpportunity.com operates this Web site and associated Web pages, which, for purposes of these Terms of this Service Agreement, will be referred to as the BusinessOpportunity.com Web Site. BusinessOpportunity.com offers you access to the BusinessOpportunity.com in exchange for your payment of the fees and your agreement to accept and comply with the terms, conditions and notices stated here and as may be modified by BusinessOpportunity.com from time-to-time at its sole discretion without notice to you. Notwithstanding the foregoing, BusinessOpportunity.com reserves the right to reject any advertisement for any reason.
2. General Use of the BusinessOpportunity.com Web Site
You promise that you will not use BusinessOpportunity.com, in whole or in part, for any purpose that is unlawful or prohibited by this Service Agreement. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other Web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the BusinessOpportunity.com Web. This means, among other activities, that you agree not to engage in the practices of screen scraping, database scraping or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the Service in any manner that could damage, disable, overburden or impair the BusinessOpportunity.com Web Site or interfere with any other party’s use and enjoyment of the BusinessOpportunity.com Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the BusinessOpportunity.com Web Site. Except with the written permission of BusinessOpportunity.com, you agree that you will not access or attempt to access password-protected, secure or non-public areas of the BusinessOpportunity.com Web Site. Unauthorized individuals attempting to access prohibited areas of the BusinessOpportunity.com Web Site may be subject to prosecution.
3. Charges and Billing
You hereby authorize BusinessOpportunity.com to charge your credit card in advance for all fees incurred by you in connection with your BusinessOpportunity.com account and the service you have chosen. It is your responsibility to notify BusinessOpportunity.com if your credit card has expired and to make changes; or your service may be disconnected or interrupted. All fees shall be paid in U.S. dollars.
We expect you to pay your account balance on time. Amounts not paid by you to BusinessOpportunity.com when due will be assessed an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month if your payment is more than thirty (30) days past due. That amount is also due immediately. You are responsible and liable for any fees, including attorney and collection fees, that BusinessOpportunity.com may incur in its efforts to collect any remaining balances from you. You also agree that you will be billed for and will pay any outstanding balances if you cancel your advertisement. You should let BusinessOpportunity.com know about any billing problems or discrepancies within thirty (30) days after they first appear on your account statement. If you do not bring them to BusinessOpportunity.com’s attention within thirty (30) days, you agree that you waive your right to dispute such problems or discrepancies.
4. Refund Policy
Generally, no refunds are available unless a member qualifies for a refund under any special program we may have in effect. If you believe you qualify for a refund, you may contact customer support within 30 days by sending your request to the email address listed under “Contact Us” above and include your business name, and your reason for requesting a refund. We will then determine, in our sole discretion, whether any refund is due. If you no longer wish for the listing to remain online, please contact us and we can remove the listing; however, no refund will be owed.
6. Content Submitted to BusinessOpportunity.com
The BusinessOpportunity.com Web Site includes a number of venues such as Web pages, discussion boards and/or other message or communication facilities designed to enable you to disseminate and exchange thoughts and opinions to and with other members of the public. Since BusinessOpportunity.com firmly believes in the value of free and open dissemination and exchanges, it is under no obligation to monitor, pre-screen or otherwise censor your thoughts and opinions. Therefore, BusinessOpportunity.com cannot be responsible for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness or timeliness of such thoughts and opinions. Always use caution when posting any personally identifying information about you or your employees on the BusinessOpportunity.com Web Site.
7. Member Conduct
The Service is provided to assist you with the operation of your business. Your right to use the Service is personal to you, your company and its employees. You, and not BusinessOpportunity.com, are entirely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (Member Content) posted via the Service. BusinessOpportunity.com does not control the Member Content posted via the Service and as such, does not guarantee the accuracy, integrity or quality of such content. BusinessOpportunity.com reserves the right, but is not obligated to review the Member Content posted via the Service and to refuse or remove any such materials at its sole discretion, without notice at any time. BusinessOpportunity.com also reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, from the Member Content at BusinessOpportunity.com’s sole discretion. With respect to the content on your BusinessOpportunity.com advertisement, you agree not to:
a. post, upload or otherwise transmit any content that is misleading to others or impersonates any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity to others, including, but not limited to, consumers;
b. post, upload or otherwise transmit any content that is inappropriate, harmful to minors, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, sexually explicit, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
c. post, upload or otherwise transmit any content that you do not have a right to post and transmit under any law or under contractual or fiduciary relationships (such as information learned or disclosed as part of employment relationships or under nondisclosure agreements);
d. post, upload or otherwise transmit any content, such that such posting, uploading or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
e. post, upload or otherwise transmit any materials that contain 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 and/or that attempt to access the accounts of others or to penetrate security measures of BusinessOpportunity.com, its vendors or suppliers or other entities’ systems (hacking), whether or not the intrusion results in corruption or loss of data;
f. post, upload or otherwise transmit any materials that impose an unreasonable or disproportionately large load on our infrastructure and that exceed the limits provided by your advertisement;
g. post, upload or transmit any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, pyramid schemes or any other form of solicitation;
h. 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;
i. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission (SEC), and any regulations having the force of law;
j. forge any headers or other manipulation of identifiers in order to disguise the origin of any content transmitted through the Service;
k. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual or promote any act of cruelty to animals;
l. resell, rent, license, lend, transfer or otherwise grant access to BusinessOpportunity.com Web Site to any other person or exploit for any commercial purpose BusinessOpportunity.com’s services by any and all means;
m. sell, distribute, disseminate or link to any sites for marketing, sales or distribution of firearms, explosives, ammunition, liquor and tobacco products that: (i) you cannot legally sell, (ii) are misrepresented, and/or (iii) if sold via your Member Web Site could cause BusinessOpportunity.com to violate any law, statute or regulation.
8. Third-Party Content
For your convenience, the BusinessOpportunity.com Web Site contains content and information from third-party providers and/or links to their Web sites (Third Party Content). Such content is not under the control of BusinessOpportunity.com, and BusinessOpportunity.com is not responsible for such content, including, without limitation, any link contained in such content or any changes or updates to such content. BusinessOpportunity.com does not pre-screen material available on the BusinessOpportunity.com Service and does not assume any responsibility or liability for the content provided by others. BusinessOpportunity.com is providing such Third-Party Content to you only as a convenience, and the inclusion of such content does not imply endorsement by BusinessOpportunity.com of such content or its affiliates. You may be subject to additional and/or different terms, conditions and privacy policies when you use third-party services, content, software or sites. BusinessOpportunity.com does reserve the right to remove content that, in BusinessOpportunity.com’s judgment, does not meet its standards, but BusinessOpportunity.com is not responsible for any failure or delay in removing such material.
BusinessOpportunity.com is not and will not be responsible for: (i) the terms and conditions of any transaction between you and any third party, (ii) any insufficiency of or problems with any such third party’s background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release BusinessOpportunity.com (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
9. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE AND OUR SUPPLIERS PROVIDE OUR SERVICE, THE BusinessOpportunity.com WEB SITE AND YOUR ADVERTISEMENT AS IS AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
B. BusinessOpportunity.com AND OUR SUPPLIERS MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, THE BusinessOpportunity.com WEB SITE OR ADVERTISEMENT(S) IS DONE AT YOUR OWN DISCRETION AND RISK, AND 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.
10. Limitation of Liability
IN NO EVENT SHALL BusinessOpportunity.com AND/OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF BusinessOpportunity.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OF OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT BY ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BusinessOpportunity.com BE LIABLE TO ANY MEMBER OR THIRD PARTY IN AN AGGREGATE AMOUNT GREATER THAN THE AMOUNT THE MEMBER ACTUALLY PAYS TO BusinessOpportunity.com UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR $500.00, WHICHEVER IS LESS. Without limiting the foregoing, neither BusinessOpportunity.com or its suppliers is responsible for any of your data residing on BusinessOpportunity.com’s or its suppliers’ hardware. You are responsible for backing up your data and any information that may reside on the BusinessOpportunity.com or its suppliers’ hardware, whether or not such information is produced through the use of BusinessOpportunity.com. It is your responsibility to take the necessary steps to ensure your primary means of business is maintained.
11. Proprietary Rights
BusinessOpportunity.com does not claim ownership of the Content you provide to BusinessOpportunity.com or place in your advertisement. However, you grant BusinessOpportunity.com a worldwide, royalty-free, non-exclusive license to: (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties and publicly display the Member Content on and through the BusinessOpportunity.com Web Site and in BusinessOpportunity.com promotional or advertising materials only for the limited purpose of promoting the Service, and (ii) sublicense to third parties such Member Content to the extent necessary for the creation and maintenance of, in part or in whole, such Web sites. No compensation will be paid or due you with respect to BusinessOpportunity.com or its sub-licensee use of the materials as articulated above. By posting messages, uploading files, inputting data, submitting any feedback or suggestions or engaging in any other form of communication with or through any Member Website, you warrant and represent that you own or otherwise control the rights necessary to do so and grant BusinessOpportunity.com the license set forth above; and you will defend and indemnify BusinessOpportunity.com and its suppliers from any third-party claim related to a breach of any of the foregoing representations and warranties.
You agree to indemnify and hold BusinessOpportunity.com and its suppliers, affiliates, partners, subsidiaries and employees harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys’ fees) made by any third party due to or arising out of (i) your violation of these Terms of Service, and (ii) any information, included but not limited to Advertiser Data, as well as your publicly posted information as submitted, posted or otherwise provided by you to your Advertisement and/or BusinessOpportunity.com and/or its affiliates. These obligations will survive any termination of your relationship with BusinessOpportunity.com or your use of the BusinessOpportunity.com Web Site. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of BusinessOpportunity.com and/or its suppliers, affiliates, partners, subsidiaries and employees.
13. Copyright and Trademark Notices
All materials on the BusinessOpportunity.com Web Site (as well as the organization and layout of the BusinessOpportunity.com Web Site) are owned and copyrighted or licensed by BusinessOpportunity.com, its affiliates or its suppliers. All rights are reserved. No reproduction, distribution or transmission of the copyrighted materials at the BusinessOpportunity.com Web Site is permitted without the written permission of BusinessOpportunity.com. Any rights not expressly granted herein are reserved.
BusinessOpportunity.com, the BusinessOpportunity.com logo, product and service names are trademarks of BusinessOpportunity.com. (the BusinessOpportunity.com Marks). Without BusinessOpportunity.com’s prior permission, you agree not to display or use in any manner the BusinessOpportunity.com Marks.
14. Notification of Claims of Copyright Infringement
Any notifications of claimed copyright infringement should be sent to BusinessOpportunity.com’s Registered Agent. Please see BusinessOpportunity.com’s contact information on the BusinessOpportunity.com Web Site.
BusinessOpportunity.com 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 BusinessOpportunity.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You further agree that BusinessOpportunity.com shall have the right to remove Elements from your Advertisement, with or without notice to you at any time at its sole discretion, if we discontinue offering the Element for any reason.
16. Termination and Cancellation
17. General Information
This Service Agreement shall be governed in all respects by the laws of the State of Illinois, USA. Both parties submit to exclusive jurisdiction and venues in the courts located in Illinois and further agree that any cause of action arising under this Service Agreement shall be brought in a court in Illinois. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Service Agreement or your rights with regard to your advertisement, and any attempt to the contrary is void. This Service Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The section titles in the Service Agreement are for convenience only and have no legal or contractual effect. Each party is an independent contractor and not an agent or representative of any other party. No party shall have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of any other party. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon any party. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.