Terms and Conditions

 

The BusinessSmartFind.com Service Agreement is a legal document that details your rights and obligations as a BusinessSmartFind.com Member or User. The BusinessSmartFind.com Web Site and related services are offered to you conditioned upon your acceptance without modification of these Terms of Service. The Terms of Service provide very important information about your BusinessSmartFind.com membership, so you should take the time to read and understand them. From time to time, it may be necessary for BusinessSmartFind.com to update or revise certain provisions of the Terms of this Service Agreement. By joining BusinessSmartFind.com and accepting the this Service Agreement, you agree that BusinessSmartFind.com may change the terms of this Service Agreement in its sole discretion without specific notice to you. If you don't agree to the changes proposed by BusinessSmartFind.com, or to any terms in this Service Agreement, your only remedy is to cancel your BusinessSmartFind.com membership.

1. Description of Service

BusinessSmartFind.com operates this Web site and associated web pages, which, for purposes of these Terms of this Service Agreement, will be referred to as the BusinessSmartFind.com Web Site. BusinessSmartFind.com offers you access to the BusinessSmartFind.com Web Sites, which provides you access to a collection of on-line resources, including Web site hosting services (the Service). BusinessSmartFind.com offers you access to the BusinessSmartFind.com Web Site in exchange for your payment of the fees and your agreement to accept and comply with the terms, conditions, and notices stated here and as may be modified by BusinessSmartFind.com from time-to-time in its sole discretion without notice to you. Notwithstanding the foregoing, BusinessSmartFind.com reserves the right to reject any Member registration for any reason. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Service shall be subject to this Service Agreement.

2. General Use of the BusinessSmartFind.com Web Site

You promise that you will not use BusinessSmartFind.com, in whole or in part, for any purpose that is unlawful or prohibited by this Service Agreement. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other Web site, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the BusinessSmartFind.com Web Site other than for use in creating the Member Web Site in accordance with this Service Agreement. This means, among other activities, that you agree not to engage in the practices of screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the Service in any manner that could damage, disable, overburden, or impair the BusinessSmartFind.com Web Site or interfere with any other p! arty's use and enjoyment of the BusinessSmartFind.com Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the BusinessSmartFind.com Web Site. Except with the written permission of BusinessSmartFind.com, you agree that you will not access or attempt to access password protected, secure or non-public areas of the BusinessSmartFind.com Web Site. Unauthorized individuals attempting to access prohibited areas of the BusinessSmartFind.com Web Site may be subject to prosecution.

3. Registration / Privacy Policy

In order for you to participate in the Service, BusinessSmartFind.com will require that you provide specific information about yourself and/or your business. If you choose to participate and build your own Web site (Member Web Site), you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity (such information being Member Data). Member Data and certain other information about you and/or your business are subject to our Privacy Policy. You agree and acknowledge that Member Data from the registration process is used to send you information about BusinessSmartFind.com and the Service, including, but not limited to, the use of your email address for newsletters and other necessary company communication. Although privacy issues are very important to us, given the current regulatory and technical environment you should not have an expectation of privacy in your Member Web Site or any content or Member Data associated with it. By way of example (without limiting the foregoing), we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept your private communications. We cannot ensure that all private communications or information associated with your Member Web Site will remain private. For more information, BusinessSmartFind.com urges you to review the BusinessSmartFind.com Privacy Policy that is part of this Agreement.

4. Storage and Usage

You acknowledge that BusinessSmartFind.com may, from time to time, establish general practices and limits concerning the use of the Service, including without limitation, (i) the maximum number of days that email messages, guest book entries, discussion board postings or other content posted on your Web Site will be retained by BusinessSmartFind.com and (ii) the maximum limits on bandwidth usage that will be allotted to you. You agree that BusinessSmartFind.com has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service. You further acknowledge and agree that BusinessSmartFind.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice

. 5. Content Submitted to BusinessSmartFind.com

The BusinessSmartFind.com Professional Web Site includes a number of venues such as Member Web Sites and web pages, discussion boards and/or other message or communication facilities designed to enable you to disseminate and exchange thoughts and opinions to and with other members of the public. Since BusinessSmartFind.com firmly believes in the value of free and open dissemination and exchanges, it is under no obligation to monitor, pre-screen, or otherwise censor your thoughts and opinions. Therefore, BusinessSmartFind.com cannot be responsible for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such thoughts and opinions. Always use caution when posting any personally identifying information about you or your employees on the BusinessSmartFind.com Web Site or any Member Web Sites.

6. Member Conduct

The Service is provided to assist you with the operation of your business. Your right to use the Service is personal to you, your company and its employees. You, and not BusinessSmartFind.com, are entirely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (Member Content) posted via the Service. BusinessSmartFind.com does not control the Member Content posted via the Service and as such, does not guarantee the accuracy, integrity or quality of such content. BusinessSmartFind.com reserves the right, but is not obligated to review the Member Content posted via the Service and to refuse or remove any such materials in its sole discretion, without notice at any time. BusinessSmartFind.com also reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in wh! ole or in part, from the Member Content in BusinessSmartFind.com sole discretion. With respect to the content on your BusinessSmartFind.com website you agree not to: a. post, upload or otherwise transmit any content which is misleading to others or impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity to others, including, but not limited to, consumers; b. post, upload or otherwise transmit any content that is inappropriate, harmful to minors, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, sexually explicit, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; c. post, upload or otherwise transmit any content that you do not have a right to post and transmit under any law or under contractual or fiduciary relationships (such as information learned or disclosed as part of employment relationships or under nondisclosure agreements); d. post, upload or otherwise transmit any content, such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party; e. post, upload or otherwise transmit any materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment and/or attempt to access the accounts of others, or attempt to penetrate security measures of BusinessSmartFind.com, its vendors or suppliers or other entities' systems (hacking), whether or not the intrusion results in corruption or loss of data f. post, upload or otherwise transmit any materials that impose an unreasonable or disproportionately large load on our infrastructure that exceed the limits provided by your membership; g. post, upload or transmit any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, pyramid schemes, or any other form of solicitation; h. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; i. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; j. forge any headers or other manipulation of identifiers in order to disguise the origin of any content transmitted through the service; k. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals; l. resell, rent, license, lend, transfer or otherwise grant access to BusinessSmartFind.com Professional to any other person or exploit for any commercial purpose BusinessSmartFind.com services by any and all means. m. sell, distribute, disseminate or link to any sites for marketing, sales, distribution of: firearms, explosives, ammunition, liquor, and tobacco products that (i) you cannot legally sell, (ii) are misrepresented, and/or (iii) if sold via your Member Web Site could cause BusinessSmartFind.com to violate any law, statute or regulation.

7. Third Party Content

For your convenience, the BusinessSmartFind.com Web Site contains content and information from third party providers and/or links to their Web sites (Third Party Content). Such content is not under the control of BusinessSmartFind.com and BusinessSmartFind.com is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content. BusinessSmartFind.com does not pre-screen contain available on the BusinessSmartFind.com Service and does not assume any responsibility or liability for the content provided by others. BusinessSmartFind.com is providing such Third Party Content to you only as a convenience, and the inclusion of such content does not imply endorsement by BusinessSmartFind.com of such content or the affiliate. You may be subject to additional and/or different terms, conditions, and privacy policies when you use third party services, content, software, or sites. BusinessSmartFind.com does reserve the right to remove c! ontent that, in BusinessSmartFind.com judgment, does not meet its standards, but BusinessSmartFind.com is not responsible for any failure or delay in removing such material. BusinessSmartFind.com is not and will not be responsible for (i) the terms and conditions of any transaction between you and any third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release BusinessSmartFind.com (and its affiliates, suppliers, agents and employees) from any and all 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. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE AND OUR SUPPLIERS PROVIDE OUR SERVICE, THE BusinessSmartFind.com PROFESSIONAL WEB SITE AND YOUR MEMBER WEB SITE AS IS AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, TITLE AND NON-INFRINGEMENT. B. BusinessSmartFind.com AND OUR SUPPLIERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, THE BusinessSmartFind.com WEB SITE OR MEMBER WEB SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND 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.

]9. LIMITATION OF LIABILITY

IN NO EVENT SHALL BusinessSmartFind.com AND/OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF BusinessSmartFind.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND REALTED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU IN NO EVENT SHALL BusinessSmartFind.com BE LIABLE TO MEMBER OR ANY THIRD PARTY IN AN AGGREGATE AMOUNT GREATER THAN TH! E AMOUNT MEMBER ACTUALLY PAYS TO BusinessSmartFind.com UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR $500.00, WHICHEVER IS LESS. Without limiting the foregoing, neither BusinessSmartFind.com nor its suppliers is responsible for any of your data residing on BusinessSmartFind.com or its suppliers' hardware. You are responsible for backing-up your data and information that may reside on the BusinessSmartFind.com or its suppliers' hardware, whether or not such information is produced through the use of BusinessSmartFind.com. It is your responsibility to take the necessary steps to ensure your primary means of business is maintained.

10. Proprietary Rights

BusinessSmartFind.com does not claim ownership of the Content you provide to BusinessSmartFind.com or place on your Web Site. However, you grant BusinessSmartFind.com a worldwide, royalty-free, non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display the Member Content on and through the BusinessSmartFind.com Web Site and in BusinessSmartFind.com promotional or advertising materials only for the limited purpose of promoting the Service, and (ii) sublicense to third parties such Member Content to the extent necessary for the creation and maintenance of, in part or in whole, such Web sites. No compensation will be paid or due you with respect to BusinessSmartFind.com or its sub licensee use of the materials as licensed above. By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through any Member Website,! you warrant and represent that you own or otherwise control the rights necessary to do so and to grant BusinessSmartFind.com the license set forth above, and you will defend and indemnify BusinessSmartFind.com and its suppliers from any third party claim related to a breach of any of the foregoing representations and warranties.

11. BusinessSmartFind.com Software Licenses

BusinessSmartFind.com provides you with a non-exclusive, non-transferable, limited license to use BusinessSmartFind.com software, which you agree to use in accordance with this Service Agreement. You may not sub-license, or charge others to use or access, our software without first obtaining written permission from us. All software is owned by BusinessSmartFind.com and/or its suppliers and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction, modification or redistribution of the software is expressly prohibited, and may result in severe civil and criminal penalties. BusinessSmartFind.com software, its structure, sequence and organization and source code are considered trade secrets of BusinessSmartFind.com and its suppliers and are protected by trade secret laws. WITHOUT LIMITED THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPORDUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED! . YOU MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.

12. Indemnification

You agree to indemnify and hold BusinessSmartFind.com and its suppliers, affiliates, partners, subsidiaries, employees harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys' fees), made by any third party due to or arising out of (i) your violation of these Terms of Service; and (ii) any information, included but not limited to Member Data, and your publicly posted information, submitted, posted, or otherwise provided by you to your Member Web Site and/or BusinessSmartFind.com and/or its affiliates. These obligations will survive any termination of your relationship with BusinessSmartFind.com or your use of the BusinessSmartFind.com Professional Web Site. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of BusinessSmartFind.com and/or its suppliers, affiliates, partners, subsidiaries and employees.

13. Copyright and Trademark Notices

All materials on the BusinessSmartFind.com Web Site (as well as the organization and layout of the BusinessSmartFind.com Web Site) are owned and copyrighted or licensed by BusinessSmartFind.com, its affiliates or its suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at the BusinessSmartFind.com Professional Web Site is permitted without the written permission of BusinessSmartFind.com. Any rights not expressly granted herein are reserved. BusinessSmartFind.com System Suite, BusinessSmartFind.com, BusinessSmartFind.com , the BusinessSmartFind.com logo, BusinessSmartFind.com Online, BusinessSmartFind.com Express, BusinessSmartFind.com Publisher, BusinessSmartFind.com Storebuilder, and other BusinessSmartFind.com logos and product and service names are trademarks of BusinessSmartFind.com. (the BusinessSmartFind.com Marks). Without BusinessSmartFind.com prior permission, you agree not to display or use in any manner, the BusinessSmartFind.com Marks.

14. Notification of Claims of Copyright Infringement

Any notifications of claimed copyright infringement should be sent to BusinessSmartFind.com Registered Agent. Please see BusinessSmartFind.com contact information on the BusinessSmartFind.com website.

15. Modification

BusinessSmartFind.com reserves the right at anytime and from time to time to modify, discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BusinessSmartFind.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You further agree that BusinessSmartFind.com shall have the right to remove Elements from your Member Web Site, with or without notice to you, at any time at our sole discretion, if we discontinue offering the Element for any reason.

16. Termination and Cancellation

Either you or BusinessSmartFind.com may terminate or cancel your membership at any time. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with BusinessSmartFind.com. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Service Agreement or BusinessSmartFind.com enforcement or application of any such term; (2) any policy or practice of BusinessSmartFind.com, including BusinessSmartFind.com Privacy Policy and Copyright Policy, or BusinessSmartFind.com enforcement or application of these policies; (3) the content available through BusinessSmartFind.com or any change in content provided through BusinessSmartFind.com; (4) your ability to access or use the BusinessSmartFind.com Professional Web Site or your BusinessSmartFind.com Web Site; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods. All! other provisions of this Agreement which may reasonably be construed as surviving such termination will survive the termination of this agreement.

17. General Information

This Service Agreement shall be governed in all respects by the laws of the State of Florida, U.S.A. as such laws are applied to agreements entered into and to be performed entirely within Florida between Florida residents. Both parties submit to exclusive jurisdiction and venue in the courts located in St. Lucie County, Florida and further agree that any cause of action arising under this Service Agreement shall be brought in a court in St. Lucie County, Florida. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Service Agreement or your rights in your Web Site, and any attempt to the contrary is void. This Service Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The section titles in the Service Agreement are for convenience only and have no legal or contractual effect. Each party is an independent contractor and not an agent or representative of any other party. No party shall have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of any other party. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon any party. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

18. Violations

Please report any violations of these Terms of Service to our Info@BusinessSmartFind.com.com

19. Independent Review

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND ALL RELATED SITE SCREENS REFERENCED AND INCORPORATED IN THIS AGREEMENT AND THAT YOU AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.