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Guarantee & Terms

 
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.

 

Use of this site signifies your agreement to the Terms of Service updated May 2004.

This World Wide Web site is copyright 2001 - 2004 Michael Jay Wilson - ALL RIGHTS RESERVED