This document comprises the Terms of
Use Agreement, hereinafter referred
to as the “Agreement”, and
constitutes a legally binding
Agreement between you, (“You”) the
visitor or member of our site,
hereinafter referred to as the
“site”, and Breakthrough Business
Technologies, Inc, the corporation
that serves as the owner and
operator of this site.
As
a condition precedent to you being
able to use any of the tools,
functions and services provided to
you by this site, you must read and
agree to be bound by each and every
one of the terms and conditions
contained in this Agreement. Should
you access any component of this
site, or use any tools, functions or
services that this site offers,
register as a member, or view any
text or graphics, such activities on
your part means expressly that you
have read this Agreement and agree
to be bound by the terms and
conditions contained herein. Should
you not agree to be bound by each
and every term and condition
contained in this Agreement you must
leave this Site at once and you may
not establish a membership.
Earnings Disclaimer
This site is not a source of
business, legal, tax or accounting
advice and in the event that you
require such counseling you should
immediately contact your
professional service provider
regarding the same, such as your
attorney, CPA or certified financial
advisor. The materials presented on
this web site or via this web site
are for general informational
purposes only and are not intended
to replace the professional advice
of a licensed service provider.
Legal Requirement Regarding
Advertising Content and Methodology
Many laws, both Federal and State in
nature, govern how advertising and
marketing must be conducted. Unfair,
untruthful or purposely deceptive
advertising can result in costly
penalties and litigation. As such
you agree to refrain the ANY
violation of any law, regulation,
code or statute regarding
advertising, marketing, torts and
any civil or criminal law of any and
all nature. You further agree to
hold us harmless and to defend us
from any liability of any nature,
including costs, damages, judgments,
fines, penalties and reasonable
attorney’s fees regarding any
threatened or actual liability that
we face or endure regarding your
violation of any law of any nature.
You can review Federal guidelines
and rules regarding advertising and
marketing at this government
provided web site:
http://www.business.gov/guides/advertising/
. Please consult your attorney
regarding State laws and Federal
laws so that you ensure you stay
within appropriate legal guidelines.
You are responsible for the laws of
any state or jurisdiction in which
you advertising/marketing appears or
is accessed. Internet based
advertising and marketing may expose
you to the legal requirements of any
state and or jurisdiction in which
your advertising and marketing is
viewed or accessed.
General Rules
Site members and visitors may not:
-
Violate the law of any
jurisdiction while visiting our
site or using any tool or
service that we provide to
users.
-
Harass or Cyberstalk any user or
any third party
-
Conduct any activity that is
harmful or detrimental to our
site as solely determined by us.
-
Post or transfer any information
or content that is obscene,
indecent, defamatory, hateful or
intolerant in nature or in
violation of the laws of any
jurisdiction.
-
Upload any material that is
harmful to our user’s computers
or objectionable to our
community as a whole.
-
Falsely represent yourself as
another person or as a
representative of a business or
entity that you do not actually
represent.
-
Falsely represent your
professional or business
credentials or professional
background.
You
must be of adult age in your
jurisdiction to use this site or to
become a member of this site. In any
event, no user or member may be
under the age of 18 years of age.
We
may post rules, guidelines or
policies. Upon the posting of such
materials, they immediately become
incorporated by reference into this
Agreement as if fully set forth
herein.
Rules that cannot be violated by
users include the following:
-
Spamming. Any activity generally
described as “spamming” by the
Internet Community, such as
unsolicited emails, irrelevant
or commercially based postings
for any purpose will result in
membership being terminated
without prior notice to the
member.
We
have published a privacy policy. The
privacy policy is hereby
incorporated by reference into this
Agreement as if fully set forth
herein.
Disclaimer of Warranty
We
issue no warranty whatsoever and do
not make any representations or
warranties regarding the
availability, suitability,
reliability, merchantability,
non-infringement, capability,
usefulness or fitness for any
general or particular purpose of the
site, or the tools, products or
services herein supplied or sold or
regarding the characteristics of
services provided by or through the
site, or regarding the timeliness,
accuracy or usefulness of
information obtained from or through
the site. The site and all content
contained, distributed, sold or
published via the site is provided
to you "As Is, Where Is", without
any warranty of any kind, express or
implied.
YOUR USE OF THIS SITE IS AT YOUR OWN
RISK. THE CONTENT IS PROVIDED AS IS
AND WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESSED OR IMPLIED.
BREAKTHROUGH BUSINESS TECHNOLOGIES,
INC. DISCLAIMS ALL WARRANTIES,
INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, OR
NON-INFRINGEMENT. BREAKTHROUGH
BUSINESS TECHNOLOGIES, INC. DOES NOT
WARRANT THAT THE FUNCTIONS OR
CONTENT CONTAINED IN THIS SITE 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 OR
OTHER HARMFUL COMPONENTS.
BREAKTHROUGH BUSINESS TECHNOLOGIES,
INC. DOES NOT WARRANT OR MAKE ANY
REPRESENTATION REGARDING USE, OR THE
RESULT OF USE, OF THE CONTENT IN
TERMS OF ACCURACY, RELIABILITY, OR
OTHERWISE. THE CONTENT MAY INCLUDE
TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS, AND COMPANY
MAY MAKE CHANGES OR IMPROVEMENTS AT
ANY TIME. YOU, AND NOT BREAKTHROUGH
BUSINESS TECHNOLOGIES, INC., ASSUME
THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION IN
THE EVENT OF ANY LOSS OR DAMAGE
ARISING FROM THE USE OF THIS SITE OR
ITS CONTENT. BREAKTHROUGH BUSINESS
TECHNOLOGIES, INC. MAKES NO
WARRANTIES THAT YOUR USE OF THE
CONTENT WILL NOT INFRINGE THE RIGHTS
OF OTHERS AND ASSUMES NO LIABILITY
OR RESPONSIBILITY FOR ERRORS OR
OMISSIONS IN SUCH CONTENT.
Intellectual Property
Provisions
All
content provided within or via this
site is protected by various US and
international copyright laws, patent
laws, trademark regulations and
laws, and various intellectual
property laws and international
treaties and agreements. No
intellectual property of any nature
contained within or via this Site
may be copied, published, or
broadcast in any way without the
written permission of the content
owner. The content of this Site may
not be “framed” or “mirrored”. All
trademarks presented on or via this
Site are owned by their respective
owners and may not be used by you in
any way.
Termination of Service
We
reserve the right to terminate any
and all service provided to you
(either as a group or as an
individual user or member) at any
time without notice for any reason
we deem fit. We also reserve the
right to discontinue any service or
modify any service with no notice to
you.
Equitable Orders and Relief
You
agree that monetary damages may not
adequately provide a remedy for us
if you violate any of the terms and
conditions of this Agreement and you
agree that we may approach a Court
of Equity of competent jurisdiction
for the purpose of obtaining Orders
in Equity should you violate any
element of this Agreement.
Automatic Viewing or Usage of
this Site
You
may not use any automated scripts or
“robots” to access, copy, or
manipulate any content provided on
this site. You may not engage in
denial of service attacks upon the
servers that publish this Site. You
may not engage in any content that
uses more than .01% of the hardware
and software infrastructure of this
Site.
Password Security
Should be provide you with the
ability to possess a user ID and a
password, we urge you to take all
reasonable precaution regarding
protecting the security of the same.
Should your password become known to
any third party, you assume full and
complete liability for the same and
agree to hold us harmless and to
defend us against any loss, damages
or harm of any nature.
Links to Third Party Sites
We may provide links to third party
sites; however, we are not
responsible for the content of such
sites or their terms of use or
privacy policies. Please carefully
review the terms of service and
privacy policies of all such sites
prior to usage. You assume the risk
of any usage of such third party
sites.
Submissions
All
submissions (but not personal
information) become the property of
this Site. All submissions are
non-confidential in nature.
“Submissions” may be thought of as
“letters to the editor” or
“suggestions/ideas” type of email or
letters that you might send us. We
may publish all submissions in any
manner that we deem to be
appropriate, including in all forms
of media and publication. You are
solely responsible for the content
of all submissions, including any
violation of any law(s) contained
within such submissions, copyright,
privacy, fraud, and other laws and
regulations. You agree to hold us
harmless and defend us and indemnify
us from any civil actions filed or
threatened to be filed by any third
party or entity who determines that
your submissions supports a legal
cause of action.
Limitation of Liability
We
are not responsible for any damages
arising from your use of this Site,
or any tools, functions or services
that this Site provides to you,
whether the cause of action be based
on tort, breach of contract, or any
other legal theory, including
punitive, actual, indirect,
incidental or consequential damages
of any nature or due to any cause of
any nature. You agree to hold us
harmless from any loss or harm of
any nature due to your usage of this
Site or any tool, product or service
that we provide to you, whether
directly or indirectly.
Jurisdiction
This Agreement, including all
Disclaimers, will be governed by and
construed in accordance with the
internal laws of the State of
Arizona, excluding that body of laws
known as choice of law or conflict
of laws. Subject to the provisions
of this Section all disputes,
controversies or claims arising out
of or relating to this Agreement
will be resolved through mandatory
binding arbitration conducted in
Phoenix, Arizona, before
J.A.M.S./ENDISPUTE or its successor
("JAMS") pursuant to the United
States Arbitration Act, 9 U.S.C.
Section 1, et seq. (the "Act"); and
the terms and conditions of this
Agreement. The arbitration will be
conducted in accordance with the
provisions of J.A.M.S.'s Streamlined
Arbitration Rules and Procedures in
effect at the time of filing of the
demand for arbitration (the "JAMS
Rules"), subject to the provisions
of this Section. The terms set forth
in this Agreement will control in
the event of any inconsistency
between such terms and the JAMS
Rules. The parties will cooperate
with JAMS and with each other in
promptly selecting a single
arbitrator from JAMS's panel of
neutrals. If the parties fail to so
select an arbitrator within thirty
(30) days following the date of
either party's notice of demand to
conduct arbitration, then JAMS will
appoint an arbitrator in accordance
with the JAMS Rules. The award of
the arbitrator will be in writing
and will set forth findings of fact
and conclusions of law. Judgment on
the arbitrator's award will be final
and binding upon the parties and may
be entered in any court having
jurisdiction thereof. If for any
reason JAMS or its successor no
longer is in business, then the
arbitration shall be conducted in
accordance with the commercial
arbitration rules of the American
Arbitration Association. The
arbitrator's fees will be shared
equally by the parties and each
party will bear its own costs and
attorneys' fees. All papers,
documents, or evidence, whether
written or oral, filed with or
presented in connection with the
arbitration proceeding will be
deemed by the parties and by the
arbitrator to be confidential
information of both parties. The
arbitrator chosen in accordance with
these provisions will not have the
power to alter, amend or otherwise
affect the terms of these
arbitration provisions or the
provisions of this Agreement.
Notwithstanding the foregoing,
nothing in this Section shall
prevent either party from applying
for and obtaining from a court a
temporary restraining order and/or
other injunctive relief. Any and all
disputes regarding the content
presented on this site must be
resolved through arbitration as set
forth in this section.
Foreign Usage
We
make no representation that the
usage of this site, or the content
provided herein, will not violate
the laws of your local jurisdiction.
You are responsible for the laws of
your jurisdiction, especially if you
are accessing this site from outside
the United States of America (USA).
General Information
This site may contain typographical
errors or mistakes, and we disclaim
any responsibility for such errors
and you agree to hold us harmless
from any legal responsibility for
such errors.
Notice
We may revise
or modify any portion of this
Agreement at any time without notice
to you. You must read this Agreement
each time you visit our site or use
any tool or service that we provide
to you via this site or elsewhere.
Any usage of this site or tools,
functions or services that we
provide you means that you have read
the most current version of this
Agreement and you agree to be bound
by the terms and conditions of the
latest version of this Agreement.
Notices to you may be issued via
electronic mail or by surface mail,
at our sole selection.
Force Majeure
Neither party shall be liable for
any delay or failure in performance
due to Force Majeure, which shall
mean acts of God, earthquake, labor
disputes, changes in law, regulation
or government policy, riots, war,
fire, flood, insurrection, sabotage,
embargo, epidemics, acts or
omissions of vendors or suppliers,
transportation difficulties,
unavailability of interruption or
delay in telecommunications or third
party services (including DNS
propagation), failure of third party
software or hardware or inability to
obtain raw materials, supplies, or
power used in or equipment needed.
We are not responsible for server
downtime under any circumstances.
Intellectual Property Notices
You agree that you have been
suitably noticed of any trademark,
trade dress, service mark,
copyright, patent or any other
intellectual property rights or
property rights of any nature and
any violation by you of any such
property rights is fairly deemed to
be “willful” in nature.
All
product names, marks, logos,
symbols, and company names are the
property of their respective owners
and subject to the protection of
State, Federal and International
laws and regulations.
Contacting Us
Please contact us by email
lawrence (at) infomarketingblog.com
Or
by surface mail:
Breakthrough Business Technologies,
Inc.
6890 E. Sunrise Ste. #120-118,
Tucson, AZ 85750