ExitandAnswers - Terms of use
Revised: July 9, 2009
PLEASE SCROLL DOWN AND READ THE TERMS OF USE BELOW.
Exit and Answers (“ExitAndAnswers.com”) is an online community of Small Business Owners and professional Service Providers. The primary goal is to provide small business owners the knowledge and resources they need to maximize their return when exiting their business.
The information provided is not a substitute for legal advice from an attorney or financial advice from an accountant or professional. We have done our best to provide you with useful, accurate information, but that is not the same as personalized consulting. If you want help understanding how the law or regulations apply to your particular circumstances, you should consider seeing a qualified professional advisor.
ACCEPTANCE OF TERMS. These Terms and Conditions ("Terms and Conditions" or "Agreement") apply to all:
1. Transactions between you and ExitAndAnswers.com ("E&A"), including its members, users, affiliates, advertisers, software providers, contributors, and advisors,(“Participants”)
2. All transactions through the www.ExitAndAnswers.com website, also including, but not limited to, discussions, blogs, community area,
3. Your purchase of the membership, membership based products, other products and
4. Your access to and use of advisors, documents, calculators, text, pictures, graphics, images, media, works of authorship and other information or services and all revisions, modifications, and enhancements (the "Content").
If you agree to be bound by the terms of this Agreement, you should click on the "I agree to these terms" button. If you do not agree to be bound by the terms of this Agreement, you should click "I do not agree to these terms." If you click "I do not agree to these terms" you will not be able to proceed with the registration process for the respective Content and become a Participant. To the extent you have access to, or are using, a Service or Product without having completed our registration process or clicked on an "I AGREE" button, you are hereby notified that your continued use of the Content and Any of our Products or Services is subject to many of the terms and conditions of this Agreement as explained below. If you do not agree to be legally bound by all of the following terms then please do not access and/or use ExitAndAnswers.com.
We have the right but are not obligated to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice.
1. Restrict, suspend, or terminate your access to all or any part of our ExitAndAnswers.com website
2. Change, suspend, or discontinue all or any part of our content, services and products
3. Remove or refuse any material or content that you submit to ExitAndAnswers.com
4. Deactivate your accounts and all related information and files in your account
5. Establish and modify general practices and limits concerning the use of ExitAndAnswers.com
This Agreement governs your use of The ExitAndAnswers.com membership, content or services and products and unless other terms and conditions expressly govern, any other content, products or services from ExitAndAnswers.com that may be made available from time to time (each, a "Service").
1. Changes to the Agreement. This Agreement may be updated from time to time. It would be prudent to review the Website regularly for updates to these Terms and Conditions. Each time you access ExitAndAnswers.com, use or order any of the Products, Websites, and/or Content, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current terms as they are updated and/or amended.
2. Privacy and Your Account. Registration data and other information about you are subject to our Privacy Policy. Information you have provided may be stored in a data base and by your use of E&A products or services, you consent to the use of that information. Your information enables us to provide you with access to the Service and distinguish you from other participants (such as your email address or name). You are solely responsible for maintaining the confidentiality of that information. If you provide someone else with access to your password to E&A, they will have the ability to view information about your account and make changes through the website for the Service. Similarly, if you tell someone the answer to your security question for a Service, they will be able to request information about your account and make changes. You agree to notify us promptly if you change your email address so we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your old email shall be deemed sufficient notice.
3. Fees and Payments, Refund Policy. You agree to pay the membership fees and any other charges incurred in connection with your user name and password for a Service or Product (including any applicable taxes) at the rates in effect when the charges were incurred. If your membership includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed.
We will bill all charges automatically to your credit card. Membership fees will be billed at the beginning of your membership or any renewal. Unless we state in writing otherwise, all fees and charges are nonrefundable. You may submit a refund request within 10 days of purchase. ExitAndAnswers.com will refund the full purchase price provided the customer provides a detail explanation of why they are dissatisfied with the quality of the content delivered. ExitAndAnswers.com reserves the right to pro-rate or refuse any refund request. No refunds will be given more than 30 days following the original purchase date. Refund requests should be emailed to Service@ExitAndAnswers.com.
We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed a Service using your user name and password without your authorization, you must contact customer service. You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third-party service.
4. Renewal. Your membership will renew automatically, unless we terminate it or you notify us by telephone, mail, or e-mail (receipt of which must be confirmed by email reply from us) of your decision to terminate your membership. You must cancel your membership before it renews in order to avoid billing of membership fees for the renewal term to your credit card.
5. Limitations on Use.
a. Only one individual may access a Service at the same time using the same user name or password, unless we agree otherwise.
b. The text, graphics, images, video, metadata, design, organization, compilation, look and feel, advertising and all other protectable intellectual property (the "Content") available through the Services are our property or the property of our advertisers, content providers, advisors, participants and licensors and are protected by copyright and other intellectual property laws. Unless you have our written consent, you may not sell, publish, distribute, retransmit or otherwise provide access to the Content received through the Services to anyone, including, if applicable, your fellow employees, with the following exceptions:
(i) You may occasionally distribute a copy of an article, or a portion of an article, from a Service in
non-electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in the Service, original source attribution, and the phrase "Used with permission from “ExitAndAnswers.com” or other provider as appropriate. Please consult Customer Service if you need to distribute an article from a Service to a larger number of individuals, on a regular basis or in any other manner not expressly permitted by this Agreement.
(ii) You may occasionally use our "E-mail This" service to e-mail an article from a Service to a few individuals, without charge. You are not permitted to use this service for the purpose of regularly providing other users with access to content from a Service.
(iii) While you may download, store and create an archive of articles from the Service for your personal use, you may not otherwise provide access to such an archive to more than a few individuals on an occasional basis. The foregoing does not apply to any sharing functionality we provide through the Service that expressly allows you to share documents or links to Newsletters with others.
c. You agree not to rearrange or modify the Content. You agree to not create abstracts from, or display our content for use on another web site or service. You agree to not post any content from the Services to weblogs, newsgroups, mail lists or electronic bulletin boards, without our written consent.
d. You agree to not use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of the Service may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.
7. Community: User Generated Content.
a. User Name. We require you to register to have access to our community area. It is your responsibility to choose your password wisely. If you have concerns or believe that someone is using your password without your authority, please contact Customer Service. We reserve the right to disclose any information about you, including registration data, in order to comply with any applicable laws and/or requests under legal process, to operate our systems properly, to protect our property or rights, and to safeguard the interests of others.
b. User Generated Content.
i. User Content. We offer you the opportunity to comment on and engage in discussions regarding articles, companies and various topics. Any content, information, graphics, audio, images, and links you submit as part of creating your profile or in connection with any of the foregoing activities is referred to as "User Content" in this Agreement and is subject to various terms and conditions as set forth below.
ii. Cautions Regarding Other Users and User Content. You understand and agree that User Content includes information, views, opinions, and recommendations of many individuals and organizations and is designed to help you gather the information you need to help you make your own decisions. Importantly, you are responsible for your own decisions and for properly analyzing and verifying any information you intend to rely upon. We do not endorse any recommendation or opinion made by any user. We do not routinely screen, edit, or review User Content. However, we reserve the right to monitor or remove any User Content from the Services at any time without notice.
iii. Grant of Rights and Representations by You. If you upload, post or submit any User Content on a Service, you represent to us that you have all the necessary legal rights to upload, post or submit such User Content and it will not violate any law or the rights of any person. You agree that upon uploading, posting or submitting information on the Services, you grant ExitAndAnswers.com, and our respective affiliates and successors a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable right and license to use, distribute, publicly perform, display, reproduce, and create derivative works from your User Content in any and all media, in any manner, in whole or part, without any duty to compensate you. You also grant us the right to authorize the use of User Content, or any portion thereof, by users and other users in accordance with the terms and conditions of this Agreement, including the rights to feature your User Content specifically on the Services and to allow other users or user to request access to your User Content, such as for example through an RSS Feed.
iv. We may also remove any User Content for any reason and without notice to you. This includes all materials related to your use of the Services or membership, including email accounts, postings, profiles or other personalized information you have created while on the Services.
v. Rules of Conduct. You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated or any other material that may violate any laws be it of your country, the country where “ExitAndAnswers.com” is hosted or International Law. Doing so may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by us. The IP address of all posts are recorded to aid in enforcing these conditions. You agree that “ExitAndAnswers.com” has the right to remove, edit, move or close any topic at any time should we see fit. As a participant you agree to any information you have entered to being stored in a database. While this information will not be disclosed to any third party without your consent, neither “ExitAndAnswers.com” nor any other participant shall be held responsible for any hacking attempt that may lead to the data being compromised.
vi. Discussions. Our discussions are powered by phpBB (hereinafter “they”, “them”, “their”, “phpBB software”, “www.phpbb.com”, “phpBB Group”, “phpBB Teams”) which is a bulletin board solution released under the “General Public License” (hereinafter “GPL”) and can be downloaded from www.phpbb.com. The phpBB software only facilitates internet based discussions, the phpBB Group is not responsible for what we allow and/or disallow as permissible content and/or conduct. For further information about phpBB, please see: http://www.phpbb.com/.
vii. Copyright/IP Policy. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.
8. Third Party Web Sites, Services and Products. ExitAndAnswers.com may link to, or promote, web sites, products or services from other organizations or individuals or offer you the ability to download products from other organizations or individuals. You agree that we are not responsible for, and do not control, those web sites, services and products.
9. Limitations On Liability and Damages. UNDERSTANDING THE LIMITATIONS OF THE INFORMATION PROVIDED, THE ENTIRE LIABILITY OF ExitAndAnswers.com AND/OR THEIR REPRESENTATIVES, FOR ANY REASON, SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE OR PRODUCT, OR TO AN AUTHORIZED SERVICE PROVIDER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ExitAndAnswers.com AND THEIR REPRESENTATIVES, AFFILIATES, CONTRIBUTORS, ADVERTISERS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS AND THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE.
10. Disclaimers Of Warranties. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT AVAILABLE THROUGH THE SERVICES IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU SHOULD ALWAYS SEEK THE ASSISTANCE OF A PROFESSIONAL FOR TAX AND LEGAL ADVICE. ExitAndAnswers.com AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES,ADVISORS AND LICENSORS ("THE ExitandAnswers.com PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE EXITANDANSWERS.COM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE ExitAndAnswers.com PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
11. Arbitration. ExitandAnswers.com may elect to resolve any controversy or claim relating to this Agreement, our website or our products and services by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Diego County, California, necessary to protect the rights or the property of you, its members, users, affiliates, advertisers, contributors, and advisors,(“Participants”),pending the completion of arbitration.
12. Entire Agreement. This Agreement and the Privacy Policy contains the final and entire agreement between us regarding your use of the Services and supercedes all previous and contemporaneous oral or written agreements regarding your use of the Services. ExitAndAnswers.com may, at its discretion, modify or discontinue the Services and products, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of California, applicable to contracts made entirely within California and wholly performed in California, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in San Diego, California.
Use of our site is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court and law-enforcement requests or requirements relating to your use of ExitAndAnswers.com
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