These Terms govern your access to and use of our services and any videos, information, text, graphics, photos or other materials and data uploaded, downloaded or appearing on the Services (collectively, the “Content”).
By using our Service, you agree to these Terms of Service. Please read them carefully. If you do not agree to the Terms, you must stop using the Services.
We reserve the right to modify these Terms without notice. Your continued use of the Service constitutes acceptance of these Terms. Violation of any Terms may result in termination of your account. Questions about these Terms may be sent to firstname.lastname@example.org.
Access to Services
- If we learn we have collected personal information from any person under the age of 18 without verification of parental consent, we reserve the right to delete such information. If you believe that we might have any information from or about any child under 18, you may inform us by email at the following address: email@example.com
- You represent and warrant to us that:
a. You are a natural person, acting either as an individual or as an authorized agent of a business entity, and are of competent age to form a binding contract, or have parental permission to do so;
b. all registration information you submit is accurate and truthful to your best knowledge;
c. you will maintain the accuracy of such information; and
d. you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services.
- We may prohibit any user from using the Service in our sole discretion for any reason, and will not be liable for any damage or loss resulting from such prohibition.
- These Terms are void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
- You are responsible for using the Services. You should only provide Content that you are comfortable sharing under these Terms.
- If you are accepting these Terms and using the Services on behalf of a company, organization, government or legal entity, you represent and warrant that such company, organization, government or legal entity has authorized you to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national and international laws, rules and regulations.
- The form and nature of the Services that we provide may change from time to time without prior notice. We may stop (either permanently or temporarily) providing the Services (or any features within the Services) to you and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion without prior notice to you.
- As part of the Services, we offer a number of products to our users. These Services differ based upon the type and nature of services and attendant products provided. These Terms will govern the Services that you select.
Payment and Billing
- We will accept such payment via ACH, wire transfers, and credit cards. Payments for each invoice issued by us to you shall be payable within a period of sixty (60) days. Payments are processed through a third-party payment processor. We do not store any credit card payment information on our servers.
a. By signing up for a Service and providing a Payment Method, you authorize us to charge you a fee for such Service at the then current rate.
b. PAYMENTS ARE NONREFUNDABLE AND THERE WILL BE NO REFUNDS OR CREDITS FOR PARTIALLY USED SERVICES. Additionally, if following cancellation, you owe any further payments of Service fees, then all such payments will become immediately due and payable to us in an aggregate amount, with such amount to be the sum of those payments. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users (“Credits”). The amount and form of such Credits, and the decision to provide them, are at our sole discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.
c. You may edit Payment Method information by contacting us by email at firstname.lastname@example.org. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit Payment Method information or cancel your account) see “Cancellation” below), you will remain responsible for any uncollected amounts and hereby authorize us to continue billing the Payment Method, as it may be updated.
You may not:
- Use the Services to aid in the purposes of any harassment or abuse;
- Use the Services in to aid in the dissemination of any defamatory or libelous material;
- Use the Services to circumvent any local, state or federal law;
- Use the Services to place any information on the Internet relating to the Company or expressing any opinion about the Company unless you are specifically authorized to do so;
- Use the Services to transmit, disseminate or otherwise violate any information belonging to Company or any third party that is either confidential or otherwise protected;
- Use the Service to make or attempt to make commitments through the Internet on behalf of the Company;
- Access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers;
- Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- Interfere with, or disrupt, (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by use scripts in such a manner as to interfere with or create an undue burden on the Services;
- Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employment to prevent or limit access to any area, content or code of the Services; or
- Use the Services in any way to infringe any copyright, database rights, trademarks or other intellectual property, including, but not limited to any blog posts, content, articles or other written works appearing on the Services, whether such is offered free of charge or otherwise.
Content on the Services
- You are hereby granted a limited, nonexclusive, non-assignable license to access and use the Service. This license is freely revocable at any time. This license is subject to these Terms.
- We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any advice, instructions, or communication received by any of our third party “experts” (“Content”) or communications posted via the Services or endorse any opinions expressed via the Services. You acknowledge that in using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, Content that has been misrepresented by third parties or is otherwise deceptive. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Services or broadcast elsewhere.
- We have the right, but not the obligation, to remove Content that it determines in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any third party’s intellectual property, or that is detrimental to the quality or intended spirit of the Service. We also have the right, but not the obligation, to limit or revoke the use privileges of anyone who transmits such Content.
- We reserve the right (but will have no obligation) to remove or refuse to distribute any Content on the Services. In the event of a suspected violation, we may investigate and/or take legal action as necessary, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal content.
User and Other Submissions
- Any Content communicated, uploaded or posted to Service belongs to the person who posted such content.
- You agree that any feedback, suggestions, ideas, or other information or materials regarding associationofbusinessadvisors.com or the Services that you provide, whether by email or otherwise, are non-confidential and will become the sole property of the Company. We will be entitled to any unrestricted use and dissemination of such feedback for any purpose, commercial or otherwise, without your acknowledgment or compensation. You waive any rights that you may have to the feedback, to include copyrights or moral rights.
- The submission of Content on the Service is entirely voluntary, non-confidential, gratuitous, and non-committal. You acknowledge that they have read, understand, and agree to the terms enumerated in this Section 9, and you further agree that such terms will apply to any additional material previously or later submitted:
a. You represent that Content represents your own original work, and you have all necessary rights to submit the Content. Further, you represent that you are not violating the rights of any third party and that you know of no other individual or entity whose rights will be infringed upon by using the Content.
b. You irrevocably release and forever discharges us and our affiliates and subsidiaries (together, the “Released Parties”), from any and all actions, causes of actions whether in law or equity, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever which you now have or hereafter can, will, or may have against the Released Parties or their respecting successors and assigns regarding the Content, including without limitation, regarding how both we and the Released Parties, directly and indirectly, use the Content, with the sole exception regarding the foregoing release and discharge being your right to bring a claim of patent infringement.
- Except as specifically granted in these Terms or in other agreements, we retain all right, title, and interest in the Services. These Terms do not transfer ownership rights of any description in the Services to you or to any third party. You will not modify, reverse engineer, or decompile any component software of the Service, or create derivative works thereof. You will not provide access to Services to any persons or entities other than your employees, consultants, or contractors, where permitted. You will maintain all copyright and trademark notices as provided by us, and upon our request and at your cost, will take other reasonable steps to protect our intellectual property rights.
Copyright Ownership, Trademark and Data Security
- We own intellectual property rights to any protectable part of the Service, including but not limited to the design, artwork, images, code, icons, photographs, functionality, and documentation (“Our Content”). You may not copy, reproduce, republish, frame, download, transmit, display, modify, license, sublicense, loan, lease, reverse engineer, or exploit, in whole or in part, any part of the Service that we own.
- “Association of Business Advisors” and any associates logos, designs, artwork or icons is a duly registered trademark owned by the Company. You may not use such trademark or associated material without the prior written consent of the Company.
- We may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have otherwise been violated, please provide the following information to our copyright agent: (i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the site; (iv) your address, telephone number, and email address; (v) A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) you statement, made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
- Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: email@example.com.
Termination of Use
- Any fees you pay are non-refundable. Upon termination of your account, your right to use the Services or to access any Content will immediately cease. All provisions of these Terms which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Warranties Respecting Service
We hereby warrant to you that:
- We are the owner of the Services and either the owner or leasees of the Services, and have the right to grant to you the use of the Services in the manner and for the purposes set forth in these Terms without violating the rights of any third party.
Disclaimer Respecting Users
- UNLESS EXPRESSLY SET FORTH IN THESE TERMS, WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. WE DO NOT WARRANT THE RESULTS OF THE USE OF THE SERVICE, AND YOU ASSUME ALL RISKS AND RESPONSIBILITY WITH RESPECT THERETO.
Disclaimer Respecting Third Parties
- We do not expressly endorse or guarantee the quality of any Content provided by any writers, speakers, products or services offered as part of the Service, whether provided by us or by a third party. Association of Business Advisors LLC shall in no case be considered a party to any agreement entered into between you and a third party.
- In the event that associationofbusinessadvisors.com provides you with any links on the Services to affiliate websites, The Association of Business Advisors hereby discloses that we receive a commission for the display of such links. We do not maintain that we are disinterested providers of a testimonial in that regard, though we do in fact endorse such affiliates to our users.
Limitation on Liability
- TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL ASSOCIATION OF BUSINESS ADVISORS LLC OR IT’S AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM THESE TERMS, EVEN IF THE DAMAGED PARTY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH IN THESE TERMS, IN NO EVENT WILL ASSOCIATION OF BUSINESS ADVISORS LLC OR ITS AFFILIATES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU TO ASSOCIATION OF BUSINESS ADVISORS LLC HEREUNDER.
- TO THE EXTENT PERMITTED BY LAW, WE WILL IN NO CASE BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR FAILURE TO ABIDE BY THE REQUIREMENTS OF THESE TERMS.
- By agreeing to these Terms, you agree to indemnify, defend, and hold harmless Association of Business Advisors LLC, our directors, officers, managing members, shareholders, employees, affiliates, licensors, and suppliers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) use of the Service; (b) a violation of these Terms; or (d) violating the rights of another.
User Services Available “AS-IS”
- Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
- We make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from access to or use of the Services or any Content; (iii) the deletion of, or failing to store or to transmit, any Content and other communication maintained by the Services; or (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through the Services will create any warranty not expressly made herein.
- Any Content posted, disseminated or made available on the Services is not intended by Company to serve as a replacement for the advice of a trained professional. Such Content is provided for the purposes of being informative, and in all cases Company advises you to seek the advice of trained professionals. Company shall not in any case be held liable for any failure to obtain such advice on any occasion, whether due to reliance on the Content or otherwise.
- Any Content posted, disseminated or made available on the services shall not, in any way, be construed as a guarantee of any certain result, or any specific future earnings. Any such Content is provided for information purposes only, and should not be relied upon as the basis for any legal, financial, medical, tax or related decision.
- The Service is hosted in the United States. If you are accessing the Service from the European Union, Asia or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States law, be advised that through continued use of the Service, which is governed by United States law, you are transferring your personal information through the United States and you consent to such transfer.
Other Websites and Services
- Our failure to enforce or exercise any right provided in these Terms will not be construed as a waiver of such right.
- Should any provision of these Terms be found invalid or unenforceable, the remaining Terms will remain in effect.
- Any dispute between you and Association of Business Advisors LLC will be governed by these Terms and the laws of Colorado, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
- These Terms constitute the entire agreement between you and Association of Business Advisors LLC, and supersede any and all previous agreements between you and Association of Business Advisors LLC, with regard to the subject matter covered.
- We may modify these Terms as necessary to reflect updates to the Service, or changes in the law. We will post any such modifications to these terms on this page. If you do not agree with or accept such changes, you should discontinue use of the Service.
- These Terms create an agreement between you and Association of Business Advisors LLC. Such Terms create no third-party beneficiary rights.
- Our waiver of any remedy for a breach of these Terms will not constitute such waiver in the future.