BizOppMarketing.com Terms Of Service 1. Acceptance of Terms of Service BizOppMarketing and its subsidiaries and affiliates (collectively "BizOppMarketing") provides service to you subject to the following Terms of Service, which may be updated by us from time to time without notice to you. These Terms of Service constitute a binding agreement between BizOppMarketing and you governing your use of the Website. By using and/or visiting the www.BizOppMarketing.com Website or any other Websites owned by BizOppMarketing (collectively the "Website"), you signify your assent to both these Terms of Service and the BizOppMarketing Privacy Policy, which is specifically incorporated into the BizOppMarketing Terms of Service. You are only authorized to use the Website if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully. If you do not agree to these Terms of Service, please do not use the Website. 2. Website Access: BizOppMarketing hereby grants you permission to use the Website as set forth in these Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal use; (ii) you will not copy or distribute any part of the Website in any medium without BizOppMarketing’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service. By registering with BizOppMarketing, you represent that you are of legal age to form a binding contract and are not a person barred by any laws from using the BizOppMarketing Website. You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If BizOppMarketing suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms of Service, your account may be subject to suspension or termination, and you may be barred from using the BizOppMarketing Website and/or services which may be provided by BizOppMarketing. These Terms of Service apply to all users of the Website. The Website may contain links to third party websites that are not owned or controlled by BizOppMarketing. BizOppMarketing has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you specifically release BizOppMarketing from any and all liability arising from your use of any third-party website. 4. Subscription Service: Unless you joined under an annual membership, this is a revolving account subscription program. You will be billed every 30 days until you cancel. You may cancel at any time by sending an email to bizoppmarketing@live.com. Please put Cancel in the subject of the email. You must cancel within 3 days of your next billing date. Please note that subscriptions are taken on a revolving basis and, as such, your membership renewal date may vary, as will our billings. Please make note of your membership date. 5. Results not Guaranteed: Every effort has been made to accurately represent this product and it’s potential. Even though this has tremendous potential for earnings, there is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is dependent on wide variety of factors. We do not purport this to be a “get rich scheme.” Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on a variety of factors. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions. Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the Securities Litigation Reform Act Of 1995. Forward-looking statements give our expectations for forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance. Any and all forward-looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else's. In fact no guarantees are made that you will achieve any results from the ideas and techniques in our material. While BizOppMarketing.com will constantly monitor traffic to ensure that all members receive an equal distribution of the traffic (based on the number of shares they have and any other promotions) that results from the promotion, we cannot make any guarantees that members will make sales or generate leads as a result of using this service. You may cancel your subscription at anytime, but you must understand and agree that all fees are completely non-refundable because these fees are used to pay for services, co-op ads in magazines, online ads, and sometimes other services we use to bring exposure to your website. You must agree and understand these terms of service before subscribing. Please note we reserve the right to change any of the advertising, marketing or services we provide at any time as deemed necessary to provide the best marketing service available to our membership that stays abreast of current marketing trends and standards. Advertising and or marketing may also be modified consistent with membership levels and revenue available. Because we cannot guarantee results from the advertising or your marketing efforts from your participation in this program refunds will not be given. 6. Intellectual Property Rights:The content on the Website including without limitation, the text, graphics, and photos created by and for BizOppMarketing, interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to BizOppMarketing, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of BizOppMarketing or as expressly provided herein. BizOppMarketing reserves all rights not expressly granted in and to the Website and the Content contained therein. 7. Copyright Infringement:BizOppMarketing respects the intellectual property of others, and we ask our members to do the same. Thus, in your use of and interactions with BizOppMarketing and the Website, you may not post, modify, distribute, or reproduce in any way any material belonging to others, without obtaining their prior written consent.
Such written notice should be sent to our designated agent as follows: 8. Termination:BizOppMarketing may, under certain circumstances and without prior notice, immediately terminate your BizOppMarketing account and access to the Website and any other BizOppMarketing services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms of Service other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Website (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Website or any other BizOppMarketing product. Termination of your BizOppMarketing account includes: (a) removal of access to all pages within the Website; (b) deletion of your password and all related information, files and materials; and (c) barring of further use of the Website. Further, you agree that all terminations for cause shall be made in BizOppMarketing’ sole discretion and that BizOppMarketing shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website. 9. Warranty Disclaimer:YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BIZOPPMARKETING, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF BIZOPPMARKETING, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BIZOPPMARKETING MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. BIZOPPMARKETING DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION, AND BIZOPPMARKETING WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIZOPPMARKETING OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 10. Limitation of Liability:IN NO EVENT SHALL BIZOPPMARKETING, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF BIZOPPMARKETING, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. 11. Indemnity:You agree to defend, indemnify and hold harmless BizOppMarketing, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of BizOppMarketing, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website. 12. Ability to Accept Terms of Service:You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. 13. Assignment:These Terms of Service, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you without the written permission of BizOppMarketing, but may be assigned, transferred, delegated, and sublicensed by BizOppMarketing without restriction. 14. Copyright Notice:The BizOppMarketing Website is © 2007-2009, Dustin Cannon – All Rights Reserved and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of BizOppMarketing. 15. Trademarks:All of the BizOppMarketing trademarks are owned by BizOppMarketing and may not be used for any purpose without the prior written permission of BizOppMarketing. 16. GeneralIf any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and BizOppMarketing’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. BizOppMarketing reserves the right to amend these Terms of Service at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website. It is your responsibility to review these Terms of Service for any changes. Your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Any cause of action arising out or related to the Website must be brought in the State of Indiana, County of Bartholomew. Usage of this Website constitutes acceptance of that venue and you waive any and all objections to Bartholomew County as the appropriate venue. 17. Cancellations, Refunds and Chargebacks:
Unless you joined under an annual membership, this is a revolving account subscription program. You will be billed every 30 days until you cancel. You may cancel at any time by sending an email to bizoppmarketing@live.com or calling 800-997-2481.. Please put Cancel in the subject of the email. You must cancel before your next billing date. Please note that subscriptions are taken on a revolving basis and, as such, your membership renewal date may vary, as will our billings. Please make note of your membership date. We take credit card disputes or chargebacks very seriously! Read this carefully before you make that very costly mistake. If you file a dispute with your credit card/debit card issuer or provider, it will constitute a breach of contract and may constitute credit card fraud. As a responsible provider we take this very seriously. Should you fraudulently charge back or dispute with your credit card we will automatically charge you a $50 processing fee plus the maximum amount of damages allowed by law. Furthermore, we will dispute the chargeback with supporting documentation and report the fraudulent chargeback to law enforcement authorities and related financial agencies. Failure to pay fees or charges due and owing may result in your account being placed for collection efforts, including credit reporting that may be warranted given the circumstances. Customers who prematurely issue chargebacks for non-delivery, mis-delivery, order cancellation, refund, exchange, etc. without working through us or the delivery carrier, etc. are also liable for chargeback fees. Failure to reverse a premature chargeback will result in us turning the account over to collections including a $50 chargeback fee and applicable collection fees and fines as allowed by law. Chargebacks should be the last line of customer protection used in obviously fraudulent situations. Quickly posting a chargeback or threatening to post a chargeback against us for shipping mishaps, etc or situations out of our control - could be a costly decision if used frivolously - and because of our business ethics and customer care programs - should never be necessary. Always work with us on issues - we are more than happy to help as possible. |