Welcome
to the Homebizsuccess.com website. HOMEBIZSUCCESS.COM provides its
service to you, subject to the following Terms of Service (“TOS”),
which may be updated by us from time to time without notice to you.
You can review the most current version of the TOS at any time
at http://www.homebizsuccess.com/termsofservice.html. In addition, when using
particular HOMEBIZSUCCESS.COM services, you and HOMEBIZSUCCESS.COM
shall be subject to any guidelines or rules applicable to such
services which may be posted from time to time. All such guidelines
or rules are hereby incorporated by reference into the TOS. HOMEBIZSUCCESS.COM also may
offer various services from time to time which may be governed by
different terms of service.
2.
DESCRIPTION OF SERVICE
HOMEBIZSUCCESS.COM
currently provides users with a website which provides access to a
venue of a broad variety of items which are being offered for sale
by third-parties, as well as advertising and links to related
services and service providers (the “Service”). The Service provided by
HOMEBIZSUCCESS.COM may be modified from time to time without
notice. It is important
to note that since HOMEBIZSUCCESS.COM solely provides the venue, it
is not involved in the actual transaction between buyers and
sellers. As a result, HOMEBIZSUCCESS.COM has no control over the
quality, safety or legality of the items advertised, the truth or
accuracy of the listings, the ability of sellers to sell items or
the ability of buyers to buy items. We cannot ensure that a buyer or
seller will actually complete a transaction. You also understand and
agree that the Service may include advertisements and that these
advertisements are necessary for HOMEBIZSUCCESS.COM to provide the
Service. Unless explicitly stated otherwise, any new features that
augment, modify or enhance the current Service, shall be subject to
the TOS. You understand and agree that the Service is provided
“AS‑IS” and that HOMEBIZSUCCESS.COM assumes no responsibility for
the timeliness, deletion, mis‑delivery or failure to store any user
communications or personalization settings.
You
are responsible for obtaining access to the Service and that access
may involve third party fees (such as Internet service provider or
airtime charges). You are responsible for those fees, including
those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible
for all equipment necessary to access the
Service.
3.
PRIVACY POLICY
Registration
Data and certain other information about you is subject to our
Privacy Policy. For more information, see our full privacy policy at
http://www.homebizsuccess.com/privacypolicy.html
4.
CONDUCT
You
understand that all information, data, text, sound, photographs,
graphics, video, messages or other materials (“Content”), whether
publicly posted or privately transmitted, are the sole
responsibility of the person from which such Content originated.
This means that you, and not HOMEBIZSUCCESS.COM, are entirely
responsible for all Content that you upload, post, download, email,
transmit or otherwise make available or receive via the Service.
HOMEBIZSUCCESS.COM does not control the Content posted via the
Service and, as such, does not guarantee the accuracy, integrity or
quality of such Content. Under no circumstances will
HOMEBIZSUCCESS.COM be liable in any way for any Content, including,
but not limited to, for any errors or omissions in any Content, or
for 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 Service.
HOMEBIZSUCCESS.COM
does not control the information provided by sellers which is made
available through our system. HOMEBIZSUCCESS.COM does not claim
ownership of Content submitted or made available on the Service. You
acknowledge that HOMEBIZSUCCESS.COM does not pre‑screen or verify
Content. You may find
seller’s information to be inaccurate, offensive, harmful or
deceptive. Please use caution and common sense when using our site.
Please note that there are also risks of dealing with underage
persons or people acting under false pretense. Additionally, there
may also be risks dealing with international trade and foreign
nationals.
5.
INTERNATIONAL USE
Recognizing
the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from the
United
States
or the country in which you reside.
6.
INDEMNITY
You
agree to indemnify and hold HOMEBIZSUCCESS.COM, and its directors,
officers, employees, subsidiaries, and agents harmless from any
claim or demand, including reasonable attorneys’ fees, made by any
third party due to or arising out of Content you submit, post,
transmit or make available through the Service, your use of the
Service, your connection to the Service, your violation of the TOS,
or your violation of any rights of another.
7.
RELEASE
Because
we are not involved in the actual transaction between you and third
party partners, in the event that you have a dispute with one or
more users, you release HOMEBIZSUCCESS.COM (and our officers,
directors, agents, subsidiaries and employees) from claims, demands
and damages (actual and consequential) of every kind and nature,
known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of
or in any way connected with such disputes.
8.
DEALINGS WITH ADVERTISERS
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 HOMEBIZSUCCESS.COM 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.
9.
LINKS
The
Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because HOMEBIZSUCCESS.COM has no
control over such sites and resources, you acknowledge and agree
that HOMEBIZSUCCESS.COM 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 HOMEBIZSUCCESS.COM shall not be
responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be 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.
10.
DISCLAIMER
OF WARRANTIES
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR
USE OF THE SERVICES PROVIDED BY HOMEBIZSUCCESS.COM IS AT YOUR SOLE
RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS. HOMEBIZSUCCESS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON‑INFRINGEMENT.
(b)
HOMEBIZSUCCESS.COM MAKES NO WARRANTY THAT (i) THE SERVICE
WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR‑FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET
YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
(c) ANY
MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
(d) NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
HOMEBIZSUCCESS.COM OR THROUGH OR FROM THE SERVICES PROVIDED BY
HOMEBIZSUCCESS.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TOS.
11.
LIMITATION
OF LIABILITY
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT HOMEBIZSUCCESS.COM SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
HOMEBIZSUCCESS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICES OR INFORMATION ON THE HOMEBIZSUCCESS.COM WEBSITE; (ii) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICES ON THE HOMEBIZSUCCESS.COM WEBSITE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY
OTHER MATTER RELATING TO THE SERVICES OR INFORMATION PROVIDED ON THE
WEBSITE.
12.
EXCLUSIONS
AND LIMITATIONS
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS 10 AND 11 MAY NOT APPLY TO YOU.
13.
GENERAL
INFORMATION
The
TOS constitute the entire agreement between you and
HOMEBIZSUCCESS.COM and govern your use of the Service and Website,
superceding any prior agreements between you and HOMEBIZSUCCESS.COM.
You also may be subject to additional terms and conditions that may
apply when you use affiliate services, third‑party content or
third‑party software. The TOS and the relationship between you and
HOMEBIZSUCCESS.COM shall be governed by the laws of the
Commonwealth
of Pennsylvania
without regard to its conflict of law provisions. You and
HOMEBIZSUCCESS.COM agree to submit to the personal and exclusive
jurisdiction of the courts located within the
county
of Montgomery,
Pennsylvania.
The failure of HOMEBIZSUCCESS.COM to exert- Homebizsuccess.com or
enforce any right or provision of the TOS shall not constitute a
waiver of such right or provision. If any provision of the TOS is
found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give
effect to the parties’ intentions as reflected in the provision, and
the other provisions of the TOS remain in full force and effect. You
agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the
Service, Website or the TOS must be filed within one (1) year after
such claim or cause of action arose or be forever
barred.
You
can contact homebizsuccess.com at this web address
http://www.homebizsuccess.com/contact
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