TERMS & CONDITIONS OF LISTING AND AVAILING DELIVERABLES OR SERVICE This User Agreement was last updated March 31, 2008 All use of the XingBiz.com Web pages (XingBiz.com) is subject to the terms and conditions set forth below. By accessing and using any portion of XingBiz.com or any service on XingBiz.com, you agree and accept the terms and conditions described below. These terms and conditions represent a binding contract between you and XingBiz.com. These terms and conditions are in addition to any other agreements between you and XingBiz. If you do not agree with any of these terms and conditions, please do not continue using XingBiz.com. If you are a registered user, you may be asked to click the User Agreement acceptance "button." The terms "you" or "User" refer to the person who completed the registration process or any visitor to XingBiz.com. XingBiz ("XingBiz") reserves the right to change the terms of this User Agreement. Changes will be posted on the XingBiz Online Web site at http://www.XingBiz.com/copyrt.htm, and will become effective immediately upon posting. If any of these changes are unacceptable, you may terminate your subscription as described below under "Term and Termination." Use of XingBiz.com following the posting of any changes to these terms and conditions constitutes acceptance of those changes by the User. Definitions XingBiz.com contains two types of content: 1. "XingBiz.com's Own Content" means information entered into XingBiz.com by employees and authorized representatives of XingBiz. 2. "Other Content" means any other information entered into XingBiz.com by Users or other persons. Use of XingBiz.com requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to XingBiz.com system. Members are not permitted to share their individual logon information with others. XingBiz.com has the right to refuse service to any member that refuses to abide by the terms and conditions herein or abuses their rights related to the XingBiz.com service. XingBiz hereby grants you a non-exclusive, non-transferable license to access and use XingBiz.com for the fees (if any) and under the terms described in this Agreement. You agree that your use of XingBiz.com is solely for purposes stated as accessible by XingBiz. If accessing content that requires registration, only one person at a time may access XingBiz.com using the User's screen name and password without the prior consent of XingBiz. The User may, free of charge and on an occasional basis, make a single copy in paper form of an individual XingBiz Business Offer that Stipulates its for Free use and distribution and so appearing in XingBiz.com for personal, non-commercial use provided the User includes all copyright and other proprietary rights notices that appeared on the original and includes a notice or link indicating that XingBiz.com is the source of the material. Fees for certain types of services opted by you/your firm, are determined by the extent of use, duration and limited to the services clearly mentioned against said service or product offer. In addition to any other restrictions on use contained in this Agreement, the User may not disseminate any portion of XingBiz.com through electronic means, including mail lists or electronic bulletin boards, without the prior consent of XingBiz. Click to buy an e-print or reprint or code strings/link of a specific XingBiz or XingBiz Online free distribution offer. Add news from XingBiz Online to your Web site for FREE with our headline feed originating out of "XingBiz.com's Own Content". Obtain consent for special arrangements regarding electronic distribution by contacting permissions @ xingbiz.com or by registering online at the site using the appropriate service being offered for free distribution without personal commercial benefit. XingBiz.com utilizes email as a vital and primary communication channel with customers. As a registered user, Customers hereby acknowledge and grant XingBiz.com the permission to communicate with customers via email (as well as other communication channel such as phone) for any purposes XingBiz.com determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. XingBiz.com will use best efforts to honor customers request to opt out of marketing messages, but under no circumstances will XingBiz.com have any liability for sending any email to its registered users/customers. Listing and Administration of Listings XingBiz.com will, in its sole discretion, terminate the accounts of and refuse service to, any Customer who repeatedly or knowingly violates this Agreement. Additionally, the Customer agrees to allow the listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer's website or the XingBiz.com website. The Company shall have the sole authority to choose the manner in which any business will be searched, displayed, accessed, downloaded, copied, and otherwise used on the XingBiz.com website and Company shall have the right to modify the business listing in the exercise of its rights under this Agreement. The Customer represents and warrants that all information provided by the Customer will be accurate. Should your email address become nonfunctioning for any length of time, XingBiz.com has the right to suspend your listing from the database until you have notified XingBiz.com that the email address is once again able to receive email. XingBiz.com does not grant refunds for any time a listing is suspended from the database due to a nonfunctioning email address. Use of Information Customer agrees to treat all information and listings obtained from the Service as proprietary to XingBiz.com. XingBiz.com does not ensure the accuracy of, endorse or recommend any listings and Customer uses such Listings at the Customer's own risk. Customer shall limit access to and Links to Third Party Sites This web site may contain hyperlinks to other web sites operated by parties other than XingBiz llC and its subsidiaries which are beyond XingBiz.com's control. Parties other than XingBiz.com may provide services or sell product lines on this site that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use XingBiz.com's logo(s) as part of a co- branding relationship. For example, if you click on a banner advertisement the click may take you off the XingBiz.com site. XingBiz.com does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their web sites. XingBiz.com does not assume any liability for the actions, product, and content of all of these and any other third parties. XingBiz.com makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party web sites. When you click on a link that leaves the XingBiz.com site, the site you will land on is not controlled by XingBiz.com and different terms of use and privacy statements may apply. XingBiz.com also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto. Except as expressly permitted in this Agreement, XingBiz.com may not be reproduced, transmitted, or distributed without XingBiz's permission. The User may not commingle any portion of XingBiz.com with any other information and shall not edit, modify, or alter any portion. All of XingBiz.com's Own Content is either the property of XingBiz LLc (XingBiz
Payment Terms Customer agrees to pay for all products or services ordered through the XingBiz.com web site or via the Client Services using the payment method indicated and provides XingBiz.com express authorization to charge said fees to their payment provider. Fees owed depend on the specific type and quantity of XingBiz.com products, services, information, or deliverables (collectively "Deliverables") ordered or subscribed to. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables subscribed to. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, XingBiz.com may immediately cease to provide any and all Deliverables or subscription benefits to the customer. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the month. All cancellation requests will be processed within five (5) business days, and a cancellation confirmation will be emailed to the email address on record for the account. The membership will be deactivated at the end of the current billing term. Such cancellation requests carry with them said or implied acceptance that deliverables associaited with the service or derived from the membership/ listing with XingBiz.com will also cease to have validity and whatever disruption this may cause TO THE CUSTOMER OR HIS AGENTS/VENDORS OR B2C RELATIONSHIPS will remain the Sole responsibility of the customer. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Customers of any such changes. It is the Customer's responsibility to promptly providing the Company with any contact or billing information changes or updates (including email address, credit card numbers, etc.) In addition, User may not: 1. use XingBiz.com for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation; 2. use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of XingBiz.com, any data or content found on or accessed through XingBiz.com, or any other XingBiz.com information without prior express written consent of XingBiz; 3. obtain or attempt to obtain through any means any materials or information on XingBiz.com that has not been intentionally made publicly available either by public display on XingBiz.com or through accessibility by a visible link on XingBiz.com; 4. violate any measure employed to limit or prevent access to XingBiz.com or its content; 5. violate the security of XingBiz.com or attempt to gain unauthorized access to XingBiz.com, data, materials, information, computer systems or networks connected to any server associated with XingBiz.com, through hacking, password mining or any other means; 6. impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity; 7. interfere with, attempt to interfere with or otherwise disrupt the proper working of XingBiz.com, any activities conducted on or through XingBiz.com or any servers or networks connected to XingBiz.com, including accessing any data, content or other information prior to the time that it is intended to be available to the public on XingBiz.com; 8. take or attempt any action that, in the sole discretion of XingBiz.com, imposes or may impose an unreasonable or disproportionately large load or burden on XingBiz.com or the infrastructure of XingBiz.com. 9. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Other Content; 10. disobey any requirements, procedures, policies or regulations of networks connected to XingBiz.com; 11. use XingBiz.com to stalk or harass another. The User's Content The User grants to XingBiz Group Companies the non-exclusive right to use all material entered into XingBiz.com by the User (other than third-party material transmitted through private electronic mail) in any of XingBiz Group Companies' print or electronic publications. Users entering material into XingBiz.com are responsible for the content of that material. Neither XingBiz nor XingBiz Group Companies has any responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from XingBiz.com. However, XingBiz retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Other Content which XingBiz deems to be illegal, offensive, in violation of these terms and conditions or otherwise inappropriate. You may not input, distribute, upload, post, email, transmit or otherwise make available any Other Content through XingBiz.com that: 1. is promotional in nature, including solicitations for funds or business, without the prior written authorization of XingBiz, or constitutes junk mail, spam, chain letters, pyramid schemes or the like; 2. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 3. you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 4. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 5. contains 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; 6. is harmful to minors. If you see any violations of these terms and conditions on XingBiz.com, please email us at XingBizwebmaster@XingBiz.com The User agrees to indemnify XingBiz and XingBiz Group Companies from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, which XingBiz, XingBiz Group Companies, their affiliates, employees, and authorized representatives may incur as a result of either: (i) the User's breach of this Agreement; or (ii) material entered into XingBiz.com with the use of the User's screen name or password. XingBiz reserves the right to assume the exclusive defense and control of any such matter for which the User has agreed to indemnify XingBiz and XingBiz Group Companies in which event the User shall have no further obligation to indemnify with respect to that particular matter. NO WARRANTIES/LIMITATIONS ON LIABILITY ALL THE INFORMATION CONTAINED IN XingBiz.com IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR GUARANTEES OF ANY KIND. XingBiz.com MAY CONTAIN ADVICE, OPINIONS AND STATEMENTS OF VARIOUS INFORMATION AND CONTENT PROVIDERS. HOWEVER, XingBiz.com IS FOR Business INFORMATIONAL PURPOSES ONLY. RELIANCE ON SUCH INFORMATION IS AT YOUR OWN RISK. PRIOR TO THE EXECUTION OF A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, YOU ARE ADVISED TO CONSULT WITH YOUR OWN FINANCIAL ADVISOR OR OTHER PROFESSIONALS SPECIFIC TO YOUR DOMAIN KNOWLEDGE. NEITHER XingBiz NOR XingBiz Group Companies NOR THEIR THIRD PARTY LICENSORS MAKES ANY GUARANTEES OR WARRANTIES AS TO THE TIMELINESS, ADEQUACY, ACCURACY OR COMPLETENESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING XingBiz.com, XingBiz.com'S OWN CONTENT, THE OTHER CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH XingBiz.com. NEITHER XingBiz NOR XingBiz Group COMPANIES NOR THEIR THIRD PARTY LICENSORS SHALL BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. IN NO EVENT WILL XingBiz, XingBiz Group Companies NOR ANY OF THEIR THIRD PARTY LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF XingBiz.com. USER AGREES THAT ALL DEMANDS OF WHATEVER KIND ASSESSED AGAINST XingBiz OR XingBiz Group Companies OR ANY OF ITS THIRD PARTY LICENSORS ARISING OUT OF RELATING TO USE OF XingBiz.com SHALL NOT EXCEED THE TOTAL AMOUNT THE USER PAID TO XingBiz FOR USE OF XingBiz.com DURING THE PREVIOUS TWELVE (12) MONTHS (OR IF YOU HAVE SUBSCRIBED FOR FEWER THAN TWELVE (12) MONTHS, DURING THE TIME SINCE THE USER'S SUBSCRIPTION BEGAN). Registration As part of the registration process, you must select a screen name/email ID and password and provide XingBiz with accurate, complete, and updated information. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of the User's access. Privacy Policy XingBiz may, from time to time, use information you provide as part of the registration process to send you information regarding other products or services from XingBiz Group Companies that may be of interest to you. In addition, XingBiz may provide aggregated, anonymous statistical information about XingBiz.com users to other persons, including potential advertising clients. For detailed information about the XingBiz Customer Privacy Policy, and your rights under it, click on the hyperlinked text at the bottom of this screen. Term and Termination XingBiz shall have the right to immediately terminate this Agreement in the event of any breach by a User of this Agreement. XingBiz may discontinue or change XingBiz.com, or its availability to you, at any time and for any reason. Fees & Payments Whether you subscribe to the print version of XingBiz Business Magazine AS AND WHEN IT IS MADE AVAILABLE FOR PUBLIC SUBSCRIPTION or to XingBiz.com WEBSITE only, your subscription must be fully paid before you will be provided full access to XingBiz.com Listing benefits or XingBiz Business Magazine. XingBiz may change subscription rates FOR DIFFERENT CATEGORY OF MEMBERSHIP in the normal course of business. In that case, you will be notified of the new rates (if any) prior to the end of your subscription term. All charges incurred in connection with your account will be billed to the credit card you designate during the registration process. We will keep your credit card number in our records only for this purpose taking care, of course, to maintain the confidentiality of the information. If you believe your User name and password have been used to access XingBiz.com without your authorization, please call XingBiz Customer Service at the telephone number listed below without delay. Please note: You are responsible for paying any charges billed to your credit card by an unauthorized third party. XingBiz Customer Service: 1-866-979-8246 General This Agreement constitutes the entire agreement between the parties relating to XingBiz.com and supersedes any and all other agreements, oral or in writing, with respect to XingBiz.com. The failure of XingBiz to insist upon strict compliance with any term of this Agreement shall not Additional Terms of Use Text originating from XingBiz or other recognized sources as mentioned within the site from thirdparty Feeds, Blogs, Vlogs, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these abovbe materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Such Third PARTY OR XingBiz.com or XingBiz Group Companies will not be held liable in any way to the User or to any third party or to any other person who may receive information through XingBiz.com or to any other person whatsoever, for any delays, inaccuracies, errors or omissions therefore or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby. I HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS & The listing of information to, and use of, the listing service ("Service") available through XingBiz.com (XingBiz LLc and /or XingBiz Group Companies) Click here for XingBiz LLc and /or XingBiz Group Companies Privacy Policy & Terms of Use. |