|
Welcome to the
iBizmktg.com web site, provided by Ms. Wilson of 471
Wyatt Road, Bowdon Georgia, d.b.a. DCL, heretoafter referred to as 'the owner'. As part of our
service, the owner agrees to provide you with
information and other computer services subject to the
terms of this Guarantee and Terms agreement. Upon notice
published through this site, the owner may amend or
modify these Guarantee and Terms at any time. You agree
to use these services in accordance with the Guarantee
and Terms posted here.
This site is owned and operated by
the owner and contains material which is
derived in whole or in part from the owner and other
sources and is protected by international copyright,
trademark and other intellectual property laws. You may
not modify, copy, reproduce, republish, upload, post,
transmit or distribute in any way any material from this
site including code and software. You may download
material offered by this site for your personal,
non-commercial use only, provided you keep intact all
copyright and other proprietary notices.
The name iBizMktg.com, the artwork,
written materials and various logos are all registered
trademarks or copyrighted material of Michael Jay
Wilson.
The information that is available on
the iBizMktg.com web site is provided for the use of
clients and prospects for services of DCL
and other interested persons to investigate, manage and
maintain their respective business affairs with the
owner. Any other use of the materials contained
herein is strictly prohibited.
Marketing Materials
Production Projects:
You
have my word that we will do everything in our power
to create successful, professional marketing materials for your
use. Please understand this, a lawyer can not guarantee
an acquittal and a doctor can't promise you a cure and
we can
not be absolutely sure your marketing materials will
perform as expected.
Upon
delivery of commissioned
projects and full payment for services
rendered, during the first
week we will make any minor
changes you decide need to
be made.
Then after
giving you 30 days to
further review the material, should you decide
that you do not like the
results for any reason, we
will make any further changes you request up to
rewriting the entire project from scratch.
Please be
advised these changes do not include creating additional
materials not originally contracted for.
License:
Any intellectual rights for material
developed by the owner and/or materials gained by the
owner by your posting messages, uploading files,
inputting data, or engaging in any other form of
communication through this service except for those
materials expressly designated to be confidential and
designed for and used in the design and maintenance of
projects contracted with the owner to complete on your
behalf or personal contact data given to owner under an
explicit and posted policy statement, you are granting
the owner a royalty-free, perpetual, non-exclusive,
unrestricted, worldwide license to:
Use, copy, sublicense, adapt,
transmit, publicly perform or display any such material
and/or communication.
Sublicense to third parties the
unrestricted right to exercise any of the foregoing
rights granted with respect to the communication.
The foregoing grants shall include the
right to exploit any proprietary rights in such
communication, including but not limited to rights under
copyright, trademark, servicemark or patent laws under
any relevant jurisdiction.
Under no circumstances, including, but
not limited to, negligence, shall the owner, or any
individual or organization associated with or
represented or linked to within the iBizMktg.com web
site, be liable for any direct, indirect, incidental,
special or consequential damages that result from the
use of, or the inability to use, materials created or
services rendered by owner or iBizMktg.com. You
specifically acknowledge and agree that the owner is not
liable for any defamatory, offensive or illegal conduct
of any client or user of their services. If you are
dissatisfied with any iBizMktg.com material, or with any
of the iBizMktg.com terms and conditions, your sole and
exclusive remedy is to discontinue using the
iBizMktg.com services and web site. In addition, the
owner may notify you of the availability for you to
purchase different types of products and services online
that are provided by third parties. The owner is not
responsible for the quality, accuracy, timeliness,
reliability or any other aspect of these products and
services. You release the owner from any damages that
you incur, and agree not to assert any claims against
it, arising from your use of these products or services.
Interactive Tools:
This service may include bulletin
boards, forums, discussion groups and/ or chat rooms
("bulletin boards") which allow feedback to the owner
and/or real-time interaction between users. The owner
does not control the messages, information or files
delivered to these interactive tools. It is a condition
of your use of the bulletin boards and this Web site
that you agree to full civil recourse and a fine of
$1,000 if you:
- Restrict or inhibit any other
user from using and enjoying the interactive tools.
- Post or transmit any unlawful,
threatening, abusive, libelous, defamatory, obscene,
vulgar, pornographic, profane or indecent
information of any kind, including without
limitation any transmissions constituting or
encouraging conduct that would constitute a criminal
offense, give rise to civil liability or otherwise
violate any local, state, national or international
law.
- Post or transmit any information,
software or other material which violates or
infringes upon the rights of others, including
material which is an invasion of privacy or
publicity rights or which is protected by copyright,
trademark or other proprietary right, or derivative
works with respect thereto, without first obtaining
permission from the owner or right holder.
- Post or transmit any information,
software or other material which contains a virus or
other harmful component.
- Post, transmit or in any way
exploit any information, software or other material
for commercial purposes, or which contains
advertising.
You understand that the owner has no
obligation to monitor the interactive tools. However,
the owner reserves the right at all times to disclose
any information as necessary to satisfy any law,
regulation or governmental request, or to refuse to post
or to remove any information or materials, in whole or
in part, that in the owner's sole discretion are
objectionable or in violation of these terms and
conditions.
Privacy:
Unless a
different privacy policy is posted otherwise or the user
informs us otherwise, iBizMktg.com reserves the right
to use and to disclose to third party vendors user
information (e.g. user name and e-mail address) for
purposes such as providing users with information about
products and services. If the user does not wish to be
included in such uses, the user must send an e-mail or a
letter requesting to be taken off any lists of
information that may be used for these purposes or given
or sold to third party vendors. [email address and
paper mailing address].
Disclaimer:
The owner may provid
links and pointers to Internet sites maintained by third
parties. The owner does not operate or control in any
respect any information, products or services on these
third-party sites. The materials in this site and the
third-party sites are provided "as is" and without
warranties of any kind either express or implied. To the
fullest extent permissible pursuant to applicable law,
the owner disclaims all warranties, express or implied,
including, but not limited to, implied warranties of
merchantability and fitness for a particular purpose.
The owner does not warrant that the functions contained
in the materials will be uninterrupted or error-free,
that defects will be corrected, or that this site,
including bulletin boards, or the server that makes it
available, are free of viruses or other harmful
components. The owner does not warrant or make any
representations regarding the use or the results of the
use of the materials in this site or in third-party
sites in terms of their correctness, accuracy,
timeliness, reliability or otherwise. You (and not the
owner) assume the entire cost of all necessary
maintenance, repair or correction unless otherwise
explicitly contracted for with the owner.
Other Services:
The website offered
with the 'WebMaster Deluxe', 'WebMaster Premium' and
'Webmaster SEO Performance' options each fall under the
category of a copywriter project and therefore are eligible for the
same guarantee as copywriter services with the exception that as
these type clients you have 120 days to review the materials.
All other services are
are to be completed with the same promise of
professionalism but are not eligible for any further
warranty and/or guarantee. All other services are to be
completed on a month to month basis and may be
discontinued by either party.
Absolutely no refunds will
be afforded for any product or service offered by the
owner, representatives, or affiliates, of the owner or by the owner for
third party products and/or services for any reason.
Termination:
This agreement is
effective until terminated by the owner, at any time
without notice. In the event of termination of any
relationship implied or contractual between you and iBizMktg.com, the owner,
or the owner's representatives, you are no longer authorized
to access interactive tools or private areas on this
website or other sites, third party or otherwise, affiliated with iBizMktg.com and
any such materials which have been exchanged with iBizMktg.com or its
affiliates with you are to be immediately destroyed and you agree
not to defame or injure at any time in any way the
owner, the owner's representatives, or affiliates, or ibizMktg.com in any way.
Separation:
If any provision of
this agreement shall be unlawful, or be considered void or for any reason
become unenforceable, then that provision shall be deemed
severable from this agreement and shall not affect the
validity and enforceability of any remaining provisions.
Remedies:
This agreement and any
other agreements made by and between you the user of any
services offered by the owner, iBizMktg.com or it's
affiliates shall be governed by and construed in
accordance with the laws of the State of Georgia without
giving effect to any principles or conflicts of law.
Any expenses incurred
in the collections for money due to the owner shall be
added to the total amount owed and the owner reserves
the right to consider all all debts incurred due and
payable upon demand.
Other:
All products and/or
services created or rendered by iBizMktg.com and/or the
owner and or agents of these parties remain exclusively
the sole property of the owner and may only be licensed
for use in accordance with the desires and demands of
the owner. These rights may be revoked or further
restricted at any time for any reason by the owner at
the owner's sole discretion.
This Guarantee and Terms Agreement
constitutes the entire agreement between the owner and
you with respect to services contracted by you and the
subject matter contained herein and supersedes all
previous and contemporaneous agreements, proposals and
communications, written or oral. The use of this site
and/or services offered herein or by any other third
parties in association with the owner, iBizMktg.com or its
affiliates, constitutes full agreement to these terms.
The Webmaster may amend or modify this
Guarantee and Terms Service Agreement or impose new
conditions at any time. Such amendments and
modifications shall be effective immediately upon notice
thereof which may be given by means including, but not
limited to, posting on this site by the owner or his
duly appointed agent. Any use of the service by you
after such notice shall be deemed to constitute
acceptance by you of such amendments, modifications or
new conditions. This agreement shall be governed by and
construed in accordance with the laws of the State of
Georgia without giving effect to any principles or
conflicts of law. |
