The website located at https://businesscentum.blogspot.com is belonging
to “Business Centum”. Certain features of the Site may be subject to additional
guidelines, terms, or rules, which will be posted on the Site in connection with
such features.
All such additional terms, guidelines, and rules are incorporated by
reference into these Terms.
These Terms of Use described the legally binding terms and conditions
that oversee your use of the Site. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT
THAT THESE TERMS and you represent that you have the authority and capacity to enter
into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF
YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE
THE SITE.
These terms require the use of arbitration Section 10.2 on an individual
basis to resolve disputes and also limit the remedies available to you in the event
of a dispute.
Accounts
Account Creation. For you to use the Site, you have to start an account
and provide information about yourself. You warrant that: (a) all required registration
information you submit is truthful, up-to-date and accurate; (b) you will maintain
the accuracy of such information. You may delete your Account at any time by following
the instructions on the Site. The company may suspend or terminate your Account
in accordance with Section.
Account Responsibilities. You are responsible for maintaining the confidentiality
of your Account login information and are fully responsible for all activities that
occur under your Account. You approve to immediately notify the Company of any unauthorized
use, or suspected unauthorized use of your Account. The company cannot and will
not be liable for any loss or damage arising from your failure to comply with the
above requirements.
Access to the Site
Subject to these Terms. Company grants you a non-transferable, non-exclusive,
revocable, limited license to access the Site solely for your own personal, non-commercial
use.
Certain Restrictions. The rights approved to you in these Terms are
subject to the following restrictions: (a) you shall not sell, rent, lease, transfer,
assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall
not change, make derivative works of, disassemble, reverse compile or reverse engineer
any part of the Site; (c) you shall not access the Site in order to build a similar
or competitive website; and (d) except as expressly stated herein, no part of the
Site may be copied, reproduced, distributed, republished, downloaded, displayed,
posted or transmitted in any form or by any means unless otherwise indicated, any
future release, update, or other addition to functionality of the Site shall be
subject to these Terms. All copyright and other proprietary notices on the Site
must be retained on all copies thereof.
Company reserves the right to change, suspend, or cease the Site with
or without notice to you. You approved that Company will not be held liable to you
or any third-party for any change, interruption, or termination of the Site or any
part.
No Support or Maintenance. You agree that Company will have no obligation
to provide you with any support in connection with the Site.
Excluding any User Content that you may provide, you are aware that
all the intellectual property rights, including copyrights, patents, trademarks,
and trade secrets, in the Site and its content, are owned by Company or Company's
suppliers. Note that these Terms and access to the Site do not give you any rights,
title or interest in or to any intellectual property rights, except for the limited
access rights expressed in Section 2.1. Company and its suppliers reserve all rights
not granted in these Terms.
User Content
User Content. “User Content” means any and all information and content
that a user submits to the Site. You are exclusively responsible for your User Content.
You bear all risks associated with the use of your User Content. You hereby certify
that your User Content does not violate our Acceptable Use Policy. You may not represent
or imply to others that your User Content is in any way provided, sponsored or endorsed
by Company. Because you alone are responsible for your User Content, you may expose
yourself to liability. The company is not obliged to backup any User Content that
you post; also, your User Content may be deleted at any time without prior notice
to you. You are solely responsible for making your own backup copies of your User
Content if you desire.
You hereby grant to Company an irreversible, non-exclusive, royalty-free
and fully paid, worldwide license to reproduce, distribute, publicly display and
perform, prepare derivative works of, incorporate into other works, and otherwise
use and exploit your User Content, and to grant sub-licenses of the foregoing rights,
solely for the purposes of including your User Content in the Site. You hereby irreversibly
waive any claims and assertions of moral rights or attribution with respect to your
User Content.
Acceptable Use Policy. The following terms constitute our “Acceptable
Use Policy”: You agree not to use the Site to collect, upload, transmit, display,
or distribute any User Content (i) that violates any third-party right or any intellectual
property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious,
threatening, harmful, invasive of another's privacy, vulgar, defamatory, false,
intentionally misleading, trade libelous, pornographic, obscene, patently offensive,
promotes racism, bigotry, hatred, or physical harm of any kind against any group
or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation
of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to
or through the Site any software intended to damage or alter a computer system or
data; (ii) send through the Site unsolicited or unauthorized advertising, promotional
materials, junk mail, spam, chain letters, pyramid schemes, or any other form of
duplicative or unsolicited messages; (iii) use the Site to harvest, collect, gather
or assemble information or data regarding other users without their consent; (iv)
interfere with, disrupt, or create an undue burden on servers or networks connected
to the Site, or violate the regulations, policies or procedures of such networks;
(v) attempt to gain unauthorized access to the Site, whether through password mining
or any other means; (vi) harass or interfere with any other user's use and enjoyment
of the Site; or (vi) use software or automated agents or scripts to produce multiple
accounts on the Site, or to generate automated searches, requests, or queries to
the Site.
We reserve the right to review any User Content and to investigate and/or
take appropriate action against you in our sole discretion if you violate the Acceptable
Use Policy or any other provision of these Terms or otherwise create liability for
us or any other person. Such action may include removing or modifying your User
Content, terminating your Account in accordance with Section 8, and/or reporting
you to law enforcement authorities.
If you provide Company with any feedback or suggestions regarding the
Site, you hereby assign to Company all rights in such Feedback and agree that Company
shall have the right to use and fully exploit such Feedback and related information
in any manner it believes appropriate. The company will treat any Feedback you provide
to Company as non-confidential and non-proprietary.
You agree to indemnify and hold Company and its officers, employees,
and agents harmless, including costs and attorneys' fees, from any claim or demand
made by any third-party due to or arising out of (a) your use of the Site, (b) your
violation of these Terms, (c) your violation of applicable laws or regulations or
(d) your User Content. Company reserves the right to assume the exclusive defence
and control of any matter for which you are required to indemnify us, and you agree
to cooperate with our defence of these claims. You agree not to settle any matter
without the prior written consent of Company. The company will use reasonable efforts
to notify you of any such claim, action or proceeding upon becoming aware of it.
Third-Party Links & Ads; Other Users
Third-Party Links & Ads. The Site may contain links to third-party
websites and services, and/or display advertisements for third-parties. Such Third-Party
Links & Ads are not under the control of Company, and Company is not responsible
for any Third-Party Links & Ads. The company provides access to these Third-Party
Links & Ads only as a convenience to you and does not review, approve, monitor,
endorse, warrant, or make any representations with respect to Third-Party Links
& Ads. You use all Third-Party Links & Ads at your own risk and should apply
a suitable level of caution and discretion in doing so. When you click on any of
the Third-Party Links & Ads, the applicable third party's terms and policies
apply, including the third party's privacy and data gathering practices.
Other Users. Each Site user is solely responsible for any and all of
its own User Content. Because we do not control User Content, you acknowledge and
agree that we are not responsible for any User Content, whether provided by you
or by others. You agree that Company will not be responsible for any loss or damage
incurred as the result of any such interactions. If there is a dispute between you
and any Site user, we are under no obligation to become involved.
You hereby release and forever discharge the Company and our officers,
employees, agents, successors, and assigns from, and hereby waive and relinquish,
each and every past, present and future dispute, claim, controversy, demand, right,
obligation, liability, action and cause of action of every kind and nature, that
has arisen or arises directly or indirectly out of, or that relates directly or
indirectly to, the Site. If you are a California resident, you hereby waive California
civil code section 1542 in connection with the foregoing, which states: “a general
release does not extend to claims which the creditor does not know or suspect to
exist in his or her favor at the time of executing the release, which if known by
him or her must have materially affected his or her settlement with the debtor.”
Cookies and Web Beacons. Like any other website, Website Name uses ‘cookies'.
These cookies are used to store information including visitors' preferences, and
the pages on the website that the visitor accessed or visited. The information is
used to optimize the users' experience by customizing our web page content based
on visitors' browser type and/or other information.
Google DoubleClick DART Cookie. Google is one of a third-party vendor
on our site. It also uses cookies, known as DART cookies, to serve ads to our site
visitors based upon their visit to www.website.com and other sites on the internet.
However, visitors may choose to decline the use of DART cookies by visiting the
Google ad and content network Privacy Policy at the following URL:
https://policies.google.com/technologies/ads
Our Advertising Partners. Some of the advertisers on our site may use
cookies and web beacons. Our advertising partners are listed below. Each of our
advertising partners has their own Privacy Policy for their policies on user data.
For easier access, we hyperlinked to their Privacy Policies below.
Google
https://policies.google.com/technologies/ads
Disclaimers
The site is provided on an “as-is” and “as available” basis, and company
and our suppliers expressly disclaim any and all warranties and conditions of any
kind, whether express, implied, or statutory, including all warranties or conditions
of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy,
or non-infringement. We and our suppliers make not guarantee that the site will
meet your requirements, will be available on an uninterrupted, timely, secure, or
error-free basis, or will be accurate, reliable, free of viruses or other harmful
code, complete, legal, or safe. If applicable law requires any warranties with respect
to the site, all such warranties are limited in duration to ninety (90) days from
the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties
so the above exclusion may not apply to you. Some jurisdictions do not allow limitations
on how long an implied warranty lasts so the above limitation may not apply to you.
Limitation on Liability
To the maximum extent permitted by law, in no event shall company or
our suppliers be liable to you or any third-party for any lost profits, lost data,
costs of procurement of substitute products, or any indirect, consequential, exemplary,
incidental, special or punitive damages arising from or relating to these terms
or your use of, or incapability to use the site even if company has been advised
of the possibility of such damages. Access to and use of the site is at your own
discretion and risk, and you will be solely responsible for any damage to your device
or computer system, or loss of data resulting therefrom.
Term and Termination. Subject to this Section, these Terms will remain
in full force and effect while you use the Site. We may suspend or terminate your
rights to use the Site at any time for any reason at our sole discretion, including
for any use of the Site in violation of these Terms. Upon termination of your rights
under these Terms, your Account and right to access and use the Site will terminate
immediately. You understand that any termination of your Account may involve deletion
of your User Content associated with your Account from our live databases. The company
will not have any liability whatsoever to you for any termination of your rights
under these Terms. Even after your rights under these Terms are terminated, the
following provisions of these Terms will remain in effect: Sections 2 through 2.5,
Section 3 and Sections 4 through 10.
Copyright Policy
Company respects the intellectual property of others and asks that users
of our Site do the same. In connection with our Site, we have adopted and implemented
a policy respecting copyright law that provides for the removal of any infringing
materials and for the termination of users of our online Site who are repeat infringers
of intellectual property rights, including copyrights. If you believe that one of
our users is, through the use of our Site, unlawfully infringing the copyright(s)
in a work, and wish to have the allegedly infringing material removed, the following
information in the form of a written notification (pursuant to 17 U.S.C. § 512(c))
must be provided to our designated Copyright Agent:
Your physical or electronic signature;
Identification of the copyrighted work(s) that you claim to have been
infringed;
Identification of the material on our services that you claim is infringing
and that you request us to remove;
Sufficient information to permit us to locate such material;
Your address, telephone number, and e-mail address;
A statement that you have a good faith belief that use of the objectionable
material is not authorized by the copyright owner, its agent, or under the law;
and
A statement that the information in the notification is accurate, and
under penalty of perjury, that you are either the owner of the copyright that has
allegedly been infringed or that you are authorized to act on behalf of the copyright
owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation
of material fact in a written notification automatically subjects the complaining
party to liability for any damages, costs and attorney's fees incurred by us in
connection with the written notification and allegation of copyright infringement.
General
These Terms are subject to occasional revision, and if we make any substantial
changes, we may notify you by sending you an e-mail to the last e-mail address you
provided to us and/or by prominently posting notice of the changes on our Site.
You are responsible for providing us with your most current e-mail address. In the
event that the last e-mail address that you have provided us is not valid our dispatch
of the e-mail containing such notice will nonetheless constitute effective notice
of the changes described in the notice. Any changes to these Terms will be effective
upon the earliest of thirty (30) calendar days following our dispatch of an e-mail
notice to you or thirty (30) calendar days following our posting of notice of the
changes on our Site. These changes will be effective immediately for new users of
our Site. Continued use of our Site following notice of such changes shall indicate
your acknowledgement of such changes and agreement to be bound by the terms and
conditions of such changes.
Dispute Resolution. Please read this
Arbitration Agreement carefully. It is part of your contract with Company and affects
your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS
ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of
any product or service provided by the Company that cannot be resolved informally
or in small claims court shall be resolved by binding arbitration on an individual
basis under the terms of this Arbitration Agreement. Unless otherwise agreed to,
all arbitration proceedings shall be held in English. This Arbitration Agreement
applies to you and the Company, and to any subsidiaries, affiliates, agents, employees,
predecessors in interest, successors, and assigns, as well as all authorized or
unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send
to the other party a written Notice of Dispute describing the nature and basis of
the claim or dispute and the requested relief. A Notice to the Company should be
sent to Company Address. After the Notice is received, you and the Company may attempt
to resolve the claim or dispute informally. If you and the Company do not resolve
the claim or dispute within thirty (30) days after the Notice is received, either
party may begin an arbitration proceeding. The amount of any settlement offer made
by any party may not be disclosed to the arbitrator until after the arbitrator has
determined the amount of the award to which either party is entitled.
Arbitration Rules. The arbitration
shall be initiated through the American Arbitration Association, an established
alternative dispute resolution provider that offers arbitration as set forth in
this section. If AAA is not available to arbitrate, the parties shall agree to select
an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects
of the arbitration except to the extent such rules are in conflict with the Terms.
The AAA Consumer Arbitration Rules governing the arbitration are available online
at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted
by a single, neutral arbitrator. Any claims or disputes where the total amount of
the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved
through binding non-appearance-based arbitration, at the option of the party seeking
relief. For claims or disputes where the total amount of the award sought is Ten
Thousand U.S. Dollars (the US $10,000.00) or more, the right to a hearing will be
determined by the Arbitration Rules. Any hearing will be held in a location within
100 miles of your residence unless you reside outside of the United States, and
unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator
shall give the parties reasonable notice of the date, time and place of any oral
hearings. Any judgment on the award rendered by the arbitrator may be entered in
any court of competent jurisdiction. If the arbitrator grants you an award that
is greater than the last settlement offer that the Company made to you prior to
the initiation of arbitration, the Company will pay you the greater of the award
or $2,500.00. Each party shall bear its own costs and disbursements arising out
of the arbitration and shall pay an equal share of the fees and costs of the ADR
Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance-based arbitration is elected, the arbitration shall
be conducted by telephone, online and/or based solely on written submissions; the
specific manner shall be chosen by the party initiating the arbitration. The arbitration
shall not involve any personal appearance by the parties or witnesses unless otherwise
agreed by the parties.
Time Limits. If you or the Company pursues arbitration,
the arbitration action must be initiated and/or demanded within the statute of limitations
and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration
is initiated, the arbitrator will decide the rights and liabilities of you and the
Company, and the dispute will not be consolidated with any other matters or joined
with any other cases or parties. The arbitrator shall have the authority to grant
motions dispositive of all or part of any claim. The arbitrator shall have the authority
to award monetary damages and to grant any non-monetary remedy or relief available
to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator
shall issue a written award and statement of decision describing the essential findings
and conclusions on which the award is based. The arbitrator has the same authority
to award relief on an individual basis that a judge in a court of law would have.
The award of the arbitrator is final and binding upon you and the Company.
Waiver of Jury Trial. THE PARTIES HEREBY
WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL
IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall
be resolved by arbitration under this Arbitration Agreement. Arbitration procedures
are typically more limited, more efficient and less expensive than rules applicable
in a court and are subject to very limited review by a court. In the event, any
litigation should arise between you and the Company in any state or federal court
in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY
WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute is resolved
by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement
must be arbitrated or litigated on an individual basis and not on a class basis,
and claims of more than one customer or a user cannot be arbitrated or litigated
jointly or consolidated with those of any other customer or user.
Confidentiality. All aspects of
the arbitration proceeding shall be strictly confidential. The parties agree to
maintain confidentiality unless otherwise required by law. This paragraph shall
not prevent a party from submitting to a court of law any information necessary
to enforce this Agreement, to enforce an arbitration award, or to seek injunctive
or equitable relief.
Severability. If any part or parts of this Arbitration
Agreement are found under the law to be invalid or unenforceable by a court of competent
jurisdiction, then such specific part or parts shall be of no force and effect and
shall be severed and the remainder of the Agreement shall continue in full force
and effect.
Right to Waive. Any or all of the rights and limitations
set forth in this Arbitration Agreement may be waived by the party against whom
the claim is asserted. Such waiver shall not waive or affect any other portion of
this Arbitration Agreement.
Survival of Agreement. This Arbitration
Agreement will survive the termination of your relationship with Company.
Small Claims Court. Nonetheless the
foregoing, either you or the Company may bring an individual action in small claims
court.
Emergency Equitable Relief. Anyhow the foregoing,
either party may seek emergency equitable relief before a state or federal court
in order to maintain the status quo pending arbitration. A request for interim measures
shall not be deemed a waiver of any other rights or obligations under this Arbitration
Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the
Computer Fraud and Abuse Act, and infringement or misappropriation of the other
party's patent, copyright, trademark or trade secrets shall not be subject to this
Arbitration Agreement.
In any circumstances where the foregoing Arbitration Agreement permits
the parties to litigate in court, the parties hereby agree to submit to the personal
jurisdiction of the courts located within Netherlands County, California, for such
purposes.
The Site may be subject to U.S. export control laws and may be subject
to export or import regulations in other countries. You agree not to export, re-export,
or transfer, directly or indirectly, any U.S. technical data acquired from Company,
or any products utilizing such data, in violation of the United States export laws
or regulations.
The company is located at the address in Section 10.8. If you are a
California resident, you may report complaints to the Complaint Assistance Unit
of the Division of Consumer Product of the California Department of Consumer Affairs
by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone
at (800) 952-5210.
Electronic Communications. The communications
between you and Company use electronic means, whether you use the Site or send us
emails, or whether Company posts notices on the Site or communicates with you via
email. For contractual purposes, you (a) consent to receive communications from
Company in an electronic form; and (b) agree that all terms and conditions, agreements,
notices, disclosures, and other communications that Company provides to you electronically
satisfy any legal obligation that such communications would satisfy if it were in
a hard copywriting.
Entire Terms. These Terms constitute the entire agreement
between you and us regarding the use of the Site. Our failure to exercise or enforce
any right or provision of these Terms shall not operate as a waiver of such right
or provision. The section titles in these Terms are for convenience only and have
no legal or contractual effect. The word “including” means “including without limitation”.
If any provision of these Terms is held to be invalid or unenforceable, the other
provisions of these Terms will be unimpaired and the invalid or unenforceable provision
will be deemed modified so that it is valid and enforceable to the maximum extent
permitted by law. Your relationship to Company is that of an independent contractor,
and neither party is an agent or partner of the other. These Terms, and your rights
and obligations herein, may not be assigned, subcontracted, delegated, or otherwise
transferred by you without Company's prior written consent, and any attempted assignment,
subcontract, delegation, or transfer in violation of the foregoing will be null
and void. The company may freely assign these Terms. The terms and conditions set
forth in these Terms shall be binding upon assignees.
Copyright / Trademark Information. Copyright ©. All rights reserved. All trademarks, logos and service
marks displayed on the Site are our property or the property of other third-parties.
You are not permitted to use these Marks without our prior written consent or the
consent of such third party which may own the Marks.
Thanks,
The Admin
