Legal
1. Web Site License:
As a user of this Web Site, you are granted a nonexclusive,
nontransferable, revocable, limited license to access and use the
Web Site in accordance with these Terms of Use. PROFESSIONAL
BUSINESS STARTUP, LLC may terminate this license at any time for
any reason.
2. Limitations on Use:
Use of the Content on this Web Site is limited to lawful business
purposes. You may not reverse engineer, disassemble, rent, lease,
loan, sell, sublicense, or create derivative works from the Web
Site or Content. You may not use any network monitoring or
discovery software to determine the site architecture, or extract
information about usage or users. You may not use any robot,
spider, or other automatic device or manual process to monitor or
copy the Web Site or Content without PROFESSIONAL BUSINESS
STARTUP, LLC's prior written permission. You may not copy,
modify, reproduce, republish, distribute, display or transmit for
commercial, non-profit or public purposes all or any portion of
the Web Site, except to the extent permitted above. You may not
use or otherwise export or re-export the Web Site or any portion
thereof, the Content or any software available on or through the
Web Site in violation of the export control laws and regulations
of the United States of America. Any unauthorized use of the Web
Site or its Content is prohibited.
3. Not Legal Advice:
Content contained on or made available through the Web Site is
not intended to and does not constitute legal advice and no
attorney-client relationship formed, nor is anything submitted to
this Web Site treated as confidential. The completeness, adequacy
or currency of the Content is not warranted or guaranteed. Use of
the information on the Web Site or materials linked from the Web
Site is at your own risk.
4. Intellectual Property Rights:
Except as expressly provided in these Terms of Use, nothing
contained herein shall be construed as conferring any license or
right, by implication, estoppel or otherwise, under copyright or
other intellectual property rights. You agree that the Content
and Web Site is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. For further
information see Intellectual Property - Permitted Uses and
Restrictions on Use.
5. Registration:
Certain sections of the Web Site require you to register. If
registration is requested, you agree to provide PROFESSIONAL
BUSINESS STARTUP, LLC with accurate, complete registration
information. It is your responsibility to inform PROFESSIONAL
BUSINESS STARTUP, LLC of any changes to that information. Each
registration is for a single person only, unless specifically
designated otherwise on the registration page. PROFESSIONAL
BUSINESS STARTUP, LLC does not permit any other person using the
sections under your name or access through a single name being
made available to multiple users on a network. You are
responsible for preventing such unauthorized use.
6. Errors and Corrections:
PROFESSIONAL BUSINESS STARTUP, LLC does not represent or warrant
that the Web Site is error free or other harmful components. We
will take steps to the best of our ability to correct all defects
with the Web site. PROFESSIONAL BUSINESS STARTUP, LLC does not
warrant or represent that the information available on or through
the Web Site will be correct, accurate, timely or otherwise
reliable. PROFESSIONAL BUSINESS STARTUP, LLC may make
improvements and/or changes to its features, functionality or
Content at any time.
7. Third Party Content:
Third party content may appear on the Web Site or may be
accessible via links from the Web Site. PROFESSIONAL BUSINESS
STARTUP, LLC is not responsible for and assumes no liability for
any mistakes, misstatements of law, defamation, slander, libel,
omissions, falsehood, obscenity, pornography or profanity in the
statements, opinions, representations or any other form of
content contained in any third party content appearing on the Web
Site. You understand that the information and opinions in the
third party content is neither endorsed by nor does it reflect
the belief of PROFESSIONAL BUSINESS STARTUP, LLC.
8. OUR PRIVACY POLICY
Our Privacy Policy for this Site is posted at our main page. The
terms of that Policy, and any future amendments to it, are hereby
incorporated by reference in its entirety into this Agreement and
subject to these terms.
9. Disclaimer:
THE WEB SITE IS PROVIDED ON AN "AS IS" BASIS. PROFESSIONAL
BUSINESS STARTUP, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES,
INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR
PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROFESSIONAL BUSINESS
STARTUP, LLC DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY,
CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, OUT OF OR
IN ANY WAY RELATED TO (A) ERRORS IN OR OMMISSIONS FROM THIS WEB
SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO INACCURACIES
AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR
CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN
THE WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERROS IN OR
OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THE WEB SITE OR
ANY PORTION THEREOF, (D) YOUR USE OF THE WEB SITE, OR (E) YOUR
USE OF EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEB SITE.
10. Limitation on Liability:
PROFESSIONAL BUSINESS STARTUP, LLC SHALL NOT BE LIABLE FOR ANY
INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM
YOUR USE OF THE WEB SITE. PROFESSIONAL BUSINESS STARTUP, LLC
SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER,
INCLUDING ATTORNEY FEES, IN ANY WAY DUE TO, RESULTING FROM, OR
ARISING IN CONNECTION WITH THE USE OR INABILITY TO USE THE WEB
SITE OR THE CONTENT.
11. Unlawful Activity:
PROFESSIONAL BUSINESS STARTUP, LLC reserves the right to
investigate complaints or reported violations of the Terms of Use
and to take any action we deem appropriate including, but not
limited to, reporting any suspected unlawful activity to law
enforcement officials, regulators, or other third parties and
disclosing any information necessary to such persons or entities
relating to user profiles, e-mail addresses, usage history,
posted materials, IP addresses and traffic information.
12. Remedies for Violations:
PROFESSIONAL BUSINESS STARTUP, LLC reserves the right to seek all
remedies at law and in equity for violations of these Terms of
Use, including but not limited to the right to block access from
a particular Internet address to PROFESSIONAL BUSINESS STARTUP,
LLC's Web Site and its features.
13. Severability of Provisions:
These Terms of Use incorporate by reference any notices contained
on the Web Site. The Terms of Use constitute the entire agreement
with respect to access to and use of the Web Site. If any
provision of these Terms of Use is unlawful, void or
unenforceable then that provision shall be deemed severable from
the remaining provisions and shall not affect their validity and
enforceability.
14. FORCE MAJEURE
PROFESSIONAL BUSINESS STARTUP, LLC is not responsible for any
delay or failure in performance of the web site in whole or in
part for any reason including, without limitation: fires, floods,
storms, earthquakes, civil disturbances, disruption of
telecommunications, transportation, utilities, services or
supplies, governmental action, computer viruses, corruption of
data, hacker attack, incompatible or defective equipment,
software or services or otherwise. Nothing herein enlarges any
warranty or diminishes any disclaimer under this Agreement.
15. INJUNCTIVE RELIEF
If you violate or exceed the scope of this Agreement or infringe
our proprietary rights, you agree we would be irreparably harmed
and may (in addition to other relief and without having to post
bond) obtain a court order enjoining you from further mischief.
16. GOVERNING LAW
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE
WITH THE SUBSTANTIVE LAWS OF FLORIDA (USA), WITHOUT REGARD TO
CONFLICTS OF LAW PRINCIPLES. YOU ARE RESPONSIBLE FOR COMPLYING
WITH YOUR OWN LOCAL LAWS, WHICH MAY VARY WITH RESPECT TO CERTAIN
ACTIVITIES OR PEOPLE (e.g., MINORS). You agree that U.S. District
Courts can hear cases involving copyright issues between us.
Since we make no warranties and have limited our liabilities, you
should have little reason to have a grievance with us. Should you
nevertheless bring legal action against us, you irrevocably agree
it will be brought and maintained on an individual basis (and not
consolidated with similar cases) within one (1) year after the
claim arises or be barred. As disincentive for unwarranted
litigation, you agree that if you sue us and don't win on the
merits, you will pay our defense costs, including reasonable
legal fees for in-house and outside counsel. If we are required
to enforce this Agreement or our rights, you agree it is
reasonable to send you legal notices and papers by electronic
mail at your stated address (we would also attempt to send you a
backup copy by regular mail).
17. RIGHT TO RELY ON INSTRUCTIONS
PROFESSIONAL BUSINESS STARTUP, LLC may act in reliance upon any
instruction, information, document, filing, name, email address
or user password that meets the web site's automated criteria or
which is believed by PROFESSIONAL BUSINESS STARTUP, LLC's
personnel to be genuine. For any password protected areas,
PROFESSIONAL BUSINESS STARTUP, LLC may assume a person entering a
user name address and associated password is, in fact, that user
or is authorized by that user to act on its behalf. PROFESSIONAL
BUSINESS STARTUP, LLC may assume the latest email addresses and
registration information on file with PROFESSIONAL BUSINESS
STARTUP, LLC are accurate and current. When programmed to do so,
PROFESSIONAL BUSINESS STARTUP, LLC may take prescribed actions in
the absence of receiving proper and complete contrary
instructions.
18. MISCELLANEOUS
This document reflects our entire and exclusive agreement and
supersedes all other agreements regarding this subject matter,
whether written or verbal. We reserve the right to change this
Agreement at any time by posting a new version on the web site.
Your continued use of this web site after the effective date of
such amendment will constitute your acceptance of it. We reserve
the right to assign this Agreement or delegate responsibility to
any third party, including a party acquiring any of our operating
assets or ownership interests. All licenses or permissions
granted to you by this Agreement are personal in nature and may
not be assigned, sublicensed or otherwise transferred and any
attempt to the contrary is void. Any provision of this Agreement
found by a court to be illegal or unenforceable shall
automatically be deemed conformed to the minimum requirements of
law and shall thereupon be given full force and effect as so
modified. Waiver of a provision in one instance shall not
preclude our enforcement of it on future occasions. Headings are
for reference purposes only and have no substantive effect.
19. Intellectual Property - Permitted Uses and Restrictions on
Use
Professional Business Startup, LLC Web Site is protected by
copyright law. Copyright© 2007 Professional Business Startup,
LLC. All rights reserved.
Access to and use of the PROFESSIONAL BUSINESS STARTUP, LLC Web
Site services is provided subject to Terms and Conditions, which
you accepted during the Registration process. These Terms and
Conditions contain warranty disclaimers, limitations of
liability, Linking guidelines and restrictions on use.
Except for these specified uses, no part of the materials,
including graphics or logos, available through the PROFESSIONAL
BUSINESS STARTUP, LLC Web Site may be copied, photocopied,
reproduced, translated or reduced to any electronic medium or
machine-readable form, in whole or in part, without prior written
consent of PROFESSIONAL BUSINESS STARTUP, LLC. Any other
reproduction in any form without the permission of PROFESSIONAL
BUSINESS STARTUP, LLC is prohibited. Distribution for commercial
purposes is prohibited.
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