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TERM OF SERVICE
Welcome to GuidedBiZ.com (“GB”). GB provides its services
to you subject to the following Terms of Service, which may be updated
from time to time without notice to you. The Terms of Service govern
your use of the websites, content, software and services through GB.
By accessing, browsing and/or using our website and /or services posted
on the website, you are deemed to accept the following terms of service.
If you do not agree, please do not use GB.
1. OWNERSHIP OF OUR WEB SITES AND PROTECTION OF OUR INTELLECTUAL
PROPERTY RIGHTS
The contents of our Sites are intended for the personal, non-commercial
use of our users. All rights, title and interest to the content
displayed on our Sites, including but not limited to the Site’s
look and feel, data, information, text, graphics, images, sound
or video materials, photographs, designs, trademarks, service marks,
trade names, URLs and content provided by third parties, are the
property of GB, or the respective third parties, and are protected
by copyright, trademark, patent or other proprietary rights and
laws.Except as expressly authorized by GB, you agree not to copy,
modify, rent, lease, loan, sell, assign, distribute, perform, display,
license, reverse engineer or create derivative works based on the
Sites or any Content (including without limitation any software)
available through the Sites.
2. CHANGES TO THE TERMS OF SERVICE
We may change these Terms of Service at any time. You can review
the most current version of the agreement here. You are responsible
for checking these terms periodically for changes. Your continued
use of any of our Sites following the posting of changes constitutes
your acceptance of the new terms.
3. PRIVACY POLICY
The information that we obtain through your use of any of our Sites,
whether through the registration process or otherwise, is subject
to our privacy policy. For more information, please find our privacy
policy here. Your ongoing use of GB signifies your consent to the
information practices disclosed in our privacy policy. If you are
unwilling to accept the terms and conditions of the applicable Privacy
Policy, please do not use our Sites.
4. OTHER POLICIES
Your use of each site is also subject to the other policies, disclaimers
and guidelines that we post on such sites from time to time.
5. YOUR LICENSE TO ACCESS CONTENTS ON OUR SITES
You may use GB and the Content offered on GB only for personal,
non-commercial purposes. You may not use the Content in a manner
that exceeds the rights granted for your use of the Content. You
agree not to modify the GB Services in any manner or form, or to
use modified versions of the GB Services, including (without limitation)
for the purpose of obtaining unauthorized access to the GB Services
or portions of the Services without our prior consent. You may not
circumvent any mechanism included in the Consent for preventing
the unauthorized reproduction or distribution of the Content. You
agree not to access the GB Services by any means other than through
the interface that is provided by GB for use in accessing the GB
Services.
Except as expressly provided in this Agreement, nothing contained
in this Agreement or on the Sites shall be construed as conferring
any other license or right, expressly, by implication, by estoppels
or otherwise, with respect to any of GB’s Content or under
any third party’s Content. Any rights not expressly granted
herein are reserved.
If you choose to forward content from the Sites via email through
our Services, you agree that you will only forward such content
to willing recipients known to you and that you will not use such
Services for engaging in spam or other unauthorized conduct.
6. NO AUTOMATED QUERYING
You may not send automated queries of any sort to our sites without
express permission in advance from GB. Note that “sending automated
queries” includes, among other things:
using any software which sends queries to our sites to determine
how a website or webpage “ranks” for various queries;
"meta-searching"; and performing “offline” searches
on any GB web site
7. POSTING MATERIAL ON OUR SITES
Certain areas of GB may allow you to post Content that can be accessed
and viewed by others, including the public in general. You may only
post Content to public areas on GB that you created or that you
have permission to post. You may not post Content that violates
these Terms of Services. We do not claim ownership of any Content
that you may post. However, by submitting Content to public areas
of GB, you grant us, our parent, affiliates and distributors the
right to use, copy, and display, perform, distribute, adapt and
promote this Content in any medium. You acknowledge and agree that
postings and any and all liability arising from postings are the
sole responsibility of the user who posted the content, and not
GB. GB does not control the postings and does not guarantee the
accuracy, integrity or quality of any postings.
You understand that by using the Service, you may be exposed to
Content that is offensive, indecent or objectionable. Under no circumstances
will GB 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, e-mailed, transmitted or otherwise made available via the
Service.
8. YOU AGREE NOT TO USE OUR SITES TO :
| a) |
Post any Content that is unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous,
invasive of another’s privacy, hateful, or racially, ethnically,
or otherwise objectionable; |
| b) |
Harm or threaten to harm users in any way; |
| c) |
"Stalk" or otherwise harass another; |
| d) |
Impersonate any person or entity (including an
GB agent, enthusiast, or moderator), or falsely state or otherwise
misrepresent your affiliation with a person or entity; |
| e) |
Post any unsolicited or unauthorized advertising,
promotional materials, junk mail, spam, chain letters, pyramid
schemes, or any other form of solicitation except in areas that
are expressly designated by GB for such purpose; |
| f) |
Disseminate or transmit any Content that infringes
or violates any party’s copyright, trade mark, service
mark, trade secret, patent or other proprietary right, including,
but not limited to, using third party copyrighted materials,
without appropriate permission, using third party trademarks
without appropriate permission or attribution, or using or distributing
third party information (whether or not protected as a trade
secret) in violation of a duty of confidentiality; |
| g) |
Disseminate or transmit any worms, viruses or
other harmful, disruptive or destructive files, codes or programs; |
| h) |
Violate any law (whether local, state, national,
or international), whether or not intentionally; |
| i) |
Forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted through
the Service; |
| j) |
Upload, post, e-mail, transmit or otherwise make
available any Content that you do not have a right to make available
under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or
under nondisclosure agreements); |
| k) |
Interfere with or disrupt the GB Services, our
Sites, or servers or networks connected to our Sites, or disobey
any requirements, procedures, policies, or regulations of networks
connected to the Sites; |
| l) |
Collect or store personal data about other users; |
| m) |
Engage in any activities that would violate the
personal privacy rights of others, including but not limited
to, collecting and distributing information about Internet users
without their permission, except as permitted by applicable
law; or |
| n) |
Post any material that contains software viruses
or any other computer codes, files, or programs designed to
interrupt, destroy, or limit the functionality of any computer
software or hardware or telecommunications equipment. |
You acknowledge that GB does not pre-screen Postings, but that
GB has the right, but not the obligation, to refuse to make available,
to modify or to remove any Postings or portions of Postings in its
sole discretion and at any time without notice to the Poster, regardless
of whether those Postings violate the terms of this Agreement or
are otherwise objectionable.
You agree that your use of any Posting is at your own risk, including
any reliance on the accuracy, completeness, or usefulness of the
Posting. You agree that if you rely on any Posting submitted to
GB, it is solely at your own risk.
If you choose to provide any Postings on our Sites, you agree that
GB may copy, distribute, display, publish, modify or translate such
Postings for any purpose and in any medium worldwide (including
incorporating the Postings into GB databases or any other GB property,
product or service) without any obligation to compensate you or
any other third party in any way for any such use. GB may grant
other parties these same rights as to the Postings.
9. SITES WITH REGISTRATION
Certain Sites require users to register to obtain certain GB Services.
Registration is initially available to anyone of requisite age and
citizenship and is limited to one registration per user. You also
agree to: (a) provide true, accurate, current and complete information
about yourself as prompted by the Service’s registration form
(the “Registration Information”) and (b) maintain and
promptly update the Registration Information to keep it true, accurate,
current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or GB has reasonable grounds
to suspect that such information is untrue, inaccurate, not current
or incomplete, GB has the right to suspend or terminate your account
and refuse any and all current or future use of the Service (or
any portion thereof). Registrants have the right to terminate their
account at any time by sending an e-mail to an address provided
on the relevant Site.
10. PASSWORDS AND SECURITY
Access to certain GB Services requires you to choose a user name
(or nickname) and password. Your Screen Name and password are your
credentials to give you access to those services. You must provide
complete and accurate information about yourself. You must be legally
competent to enter into contracts. You agree to keep this information
up to date. You may not have a Screen Name that is vulgar, attempts
to impersonate another person or violates the rights of others.
We may also reject any Screen Name that we determine in our discretion
is unacceptable for use on GB. You are fully responsible for all
activities that occur under your password or account. You agree
(a) to notify GB immediately of any unauthorized use of your password
or account or any other breach of security, and (b) to ensure that
you exit from your account at the end of each session. GB cannot
and will not be liable for any loss or damage arising from your
failure to comply with this section.
11. LINKS TO OTHER WEBSITES
GB Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because GB has no control over
such sites and resources, you acknowledge and agree that GB is not
responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content,
advertising, products or other materials on or available from such
sites or resources. You further acknowledge and agree that GB shall
not be responsible or liable, directly or indirectly, for any damage
or loss caused by or in connection with use of or reliance on any
such Content, goods or services available on or through any such
site or resource.
12. ADVERTISERS; THIRD PARTY SITES
GB may include links to third party websites, including links provided
as automated search results. Some of these sites may contain materials
that are objectionable, unlawful, or inaccurate. These links do
not mean that we endorse these third party sites or services. You
agree and acknowledge that we are not responsible or liable for
any Content or other materials on these third party sites. Your
correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment
and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that GB shall
not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of
the presence of such advertisers on the Service.
13. COMPLIANCE WITH LAWS
You agree to comply with all applicable laws regarding your use
of our Sites including, without limitation, all applicable laws
(as well as associated licenses and approvals) regarding the transmission
of technical data exported from Malaysia or the country in which
you reside.
14. MODIFICATIONS TO GB SERVICES
GB reserves the right at any time and from time to time to modify,
suspend, discontinue or terminate the GB Services (or any part there
of) with or without notice. You agree that GB will not be liable
to you or to any third party for any modification, suspension, discontinuation
or termination of the GB Services.
15. TERMINATION OF YOUR ACCESS TO GB SERVICES
Your right to use GB automatically terminates if you violate these
Terms of Service or any rules or guidelines posted in connection
with GB. We also reserve the right, in our sole discretion, to terminate
your access to all or part of GB, for any reason, with or without
notice.
16. DISCLAIMER OF WARRANTIES
THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO
WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY
RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED
BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, GB DISCLAIMS ANY
WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE
OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY
LAW, GB DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH
ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR
ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES
OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. GB SIMILARLY
DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES
FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND
SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GB DISCLAIMS ANY AND ALL
RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS,
LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION
OR MATERIAL IN THE PRODUCTS AND SERVICES. GB DISCLAIMS ANY RESPONSIBILITY
FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY
OF ANY INFORMATION OR MATERIAL. GB DISCLAIMS ANY RESPONSIBILITY
OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING
ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING,
WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION
OR DESTRUCTIVE FEATURES. GB MAKES NO WARRANTY REGARDING THE RELIABILITY
OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED
BY GB.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT
YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
IN THE DOWNLOAD OF SUCH MATERIAL.
YOU WILL AGREE THAT GB SERVICES ARE PROVIDED FOR INFORMATIONAL
PURPOSES ONLY. NO CONTENT ON OUR SITES IS INTENDED TO CONSTITUTE
PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE.
GB AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICES
OR MATERIAL ON OUR SITES ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES
RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE
BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON OUR SITES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES.
IN SUCH JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES.
IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO
YOU IN SO FAR AS THEY RELATE TO IMPLIED WARRANTIES.
17. INDEMNIFICATION OF GB
You agree to defend, indemnify, and hold harmless us and our parent
and other affiliated companies, our respective partners, employees,
contractors, officers, directors, licensors and agents from all
liabilities, claims, and expenses, including attorneys’ fees,
made by any third party due to or arising out of your use or misuse
of GB, postings or other Contents that are submitted from you account,
your violation of the Terms of Service or your violation of any
rights of another.
18. COPYRIGHT AND INTELLECTUAL PROPERTY NOTICES
You acknowledge and agree to the copyright and intellectual property
policy posted here.
19. Copyright and Trademark Notices
You acknowledge and agree to the copyright and trademark notices
posted here.
20. NO OTHER AGREEMENTS BETWEEN US
This Agreement constitutes the entire agreement between you and
GB and governs your use of our Sites and Services and supersedes
any prior agreements between you and GB for that purpose.
21. LAW APPLICABLE TO INTERPRETATIONS AND DISPUTES
This Agreement and the relationship between you and GB are governed
by the laws of Malaysia without regard to its conflict of law provisions.
You and GB agree to submit to the personal and exclusive jurisdiction
of the courts located within Malaysia.
22. SEVERABILITY OF THIS AGREEMENT
This Agreement and any supplemental terms, policies, rules and guidelines
posted on GB constitute the entire agreement between you and us
and supersede all previous written or oral agreements. If any part
of these Terms of Service is held invalid or unenforceable, every
attempt shall be made to give effect to the original intention of
the parties as reflected in the provision, and that the remaining
provisions shall remain in full force and effect.
23. LIMITATION PERIOD FOR ACTIONS AGAINST GB
You agree that any claim or cause of action arising out of your
use of our Sites or this Agreement must be filed within one (1)
year after such claim or cause of action arose or it shall forever
be barred, notwithstanding any statute of limitations or other law
to the contrary.
Updated OCTOBER, 2007
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