TERMS OF USE AGREEMENT
Copyright© 2007 ManuBiz, Inc. All rights reserved.
Use of this website signifies your Agreement to the Terms of Use.
PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE, AND PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. If you do not agree to these terms and conditions, please do not use the website.
Membership Account and Security
This website is owned and operated by ManuBiz, Inc. ("ManuBiz"). The use of this website requires you to open an account by completing the registration process as prompted by the applicable registration form. As part of the registration process, you will choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. You agree to notify ManuBiz immediately of any unauthorized use of your account or other breach of security. ManuBiz will not be liable for any loss resulting from the unauthorized use of your password or account. You can be held liable for any losses incurred by ManuBiz or another party due to the unauthorized use of your account or password.
Participation and Conduct
You shall not upload, distribute through or otherwise publish through this website any content which (a) is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive or illegal; (b) contains viruses or other features that might contaminate or destroy the website; (c) violates the copyright, patent, trade secret or any other rights of another party; or (d) otherwise gives rise to liability or violates any other applicable law.
Users, including, but not limited to, vendors with listings on this site, are solely responsible for the content of their messages. ManuBiz is not responsible for the content or accuracy of any information posted or transmitted by users of this website.
User Submissions
ManuBiz may, but is not obligated to, monitor or review any areas on the website where users transmit or post communications or communicate solely with each other, including but not limited to bulletin boards or other user forums, and the content of any such communications. ManuBiz, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
Any material, information or other communication you transmit or post to this webite will be considered non-confidential and non-proprietary ("Communications"). ManuBiz will have no obligations with respect to the Communications, provided that any personal information shall be handled in the manner set forth below. ManuBiz and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes, provided that any personal information shall be handled in the manner set forth below.
Use of Personal Information
Personal information submitted by you to ManuBiz through forms on the website is treated according to ManuBiz's Privacy Policy. You agree you have read and understand the Privacy Policy.
Copyright and Trademarks
All text, data, compilation of data, product categorizations, and all other content, regardless of presentation, contained on this website contain elements protected by trade dress, copyright, and/or other laws, and may not be reproduced, copied, downloaded, distributed, republished, sold, broadcast, circulated, or imitated in whole or part. No text, logo, graphic, sound or image from this website may be copied or retransmitted unless expressly permitted by ManuBiz. Modification of the materials or use of the materials for any other purpose is a violation of ManuBiz's copyright, trademark and trade secret rights and others' proprietary rights. For purposes of this Agreement, the use of any such material on any other website or networked computer environment is prohibited. You agree to comply with any additional copyright notices, information or restrictions contained in any content available on or accessed through this website.
No Endorsement
ManuBiz contains links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by ManuBiz. Links to vendors or advertisers are owned and operated by independent companies or service providers, and therefore, we are unable to ensure that you will be satisfied with their products, services or business practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
MANUBIZ MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." MANUBIZ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE, ANY WEBSITE WITH WHICH IT IS LINKED AND ANY PRODUCTS OR SERVICES SOLD THROUGH OR RECOMMENDED BY THIS WEBSITE. MANUBIZ DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THIS WEBSITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THIS WEBSITE, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THIS WEBSITE OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. YOU (AND NOT MANUBIZ) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. MANUBIZ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MANUBIZ BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE, EVEN IF MANUBIZ OR A MANUBIZ AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL MANUBIZ'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
Indemnity
You agree to indemnify and hold harmless ManuBiz, and its respective officers, directors, owners, agents, information providers and licensors (collectively "ManuBiz Parties") from and against any claims, liability, losses, costs and expenses (including but not limited to attorneys' fees) incurred by any ManuBiz Party in connection with any violation of this Agreement by you. In such case, you agree to cooperate with ManuBiz's defense of such claim.
Termination of Access
If you breach any of the terms or conditions of this Agreement, ManuBiz may, at its sole discretion, (a) suspend your access to certain areas of the website or (b) terminate your access to certain areas of the website. Whether or not a breach results in suspension or termination depends on several factors, including but not limited to the severity of the breach, the potential harm to other users or to ManuBiz, and whether or not the breach is repeated or cured. If ManuBiz suspends or terminates your right to access or use the website, then ManuBiz may provide notice to you of such action.
Applicable Law and Jurisdiction
This website (excluding links) is controlled by ManuBiz and operated by ManuBiz from its offices in Rockville, Maryland, United States. Although ManuBiz has made no effort to publish the website elsewhere, because the website is published on the World Wide Web it is accessible in other countries. As each of these places has laws that may differ from those of Maryland and from each other, and as you and ManuBiz both benefit from establishing a predictable legal environment in which to operate, use or otherwise exploit the website, by using this website you and ManuBiz agree that all matters arising from or relating to the use and operation of this website will be governed by the substantive laws of Maryland, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of this website will be heard and resolved in the courts in Rockville, Maryland. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any object to proceeding in such courts. If you choose to gain access to this webite from locations other than Rockville, Maryland, you will be responsible for compliance with all local laws of any such other location.
Miscellaneous
No delay or omission by ManuBiz in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by ManuBiz of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, "including" means "including but not limited to." The captions of this Agreement have been inserted solely for convenience of reference, in no way define or limit the scope or substance of any provision of this Agreement, and will not be considered in interpreting this Agreement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and ManuBiz regarding its subject matter, and supersedes all prior or contemporaneous promises, agreements or representations, whether written or oral, regarding such subject matter.
Last Updated: January 01, 2007.
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