| BizBOOM.com User Agreement
Thank you for using the BizBOOM website which is brought to you by Niagara Mohawk, doing business as National Grid (hereinafter referred to as "BizBOOM.com"). Access to and use of the BizBOOM.com site (the "Site") is provided subject to the following terms and conditions. Please read these terms and conditions carefully, as your use of the Site constitutes acceptance of these terms and conditions. Each and every term, condition, limitation of liability and protection contained in this Agreement and any other agreement found on the Site applies to BizBOOM.com and its agents, affiliates and partners, including but not limited to National Grid and their agents, employees, officers, directors, successors and assigns. If you do not accept any of the terms and conditions stated here, do not use the Site. BizBOOM.com may, in its sole discretion, modify or revise these terms and conditions at any time by updating this web page. You are bound by any such modification or revision and should therefore visit this page periodically to review the terms.
1. Use of Site Contents
The contents of this Site, including but not limited to text, software, photographs, graphics, illustrations, artwork, video, music, sound, names, logos, trademarks, service marks, data, advice and other material ("Content") are protected by copyright and other laws in both the United States and elsewhere. The Content includes both content owned or controlled by BizBOOM.com and content owned or
controlled by third parties and licensed to BizBOOM.com. You may
not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the written permission of BizBOOM.com. As a condition of your use of this Site, you warrant that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
2. No Warranties
This Site provides a range of
information, including without limitation product descriptions,
pricing and editorial commentary. Although BizBOOM.com attempts to
provide information that is useful, we cannot possibly insure the
accuracy of all of the information at all times, and you should not
rely on the information or advice in situations where its inaccuracy
would cause you to suffer any loss or harm. Although BizBOOM.com is an ideal way for small businesses to sell products or services, reduce costs, and create a presence on the Internet, BizBOOM.com in no way guarantees any results from your participation on the site. Leveraged buying opportunities or any other member services are periodically updated and renegotiated. Services and benefits are subject to addition, deletion, and change without notice.
THE SITE (INCLUDING ALL OF ITS CONTENTS, INFORMATION, ADVICE AND PRODUCTS) IS PROVIDED BY BIZBOOM.COM "AS IS" AND "WITH ALL FAULTS." BIZBOOM.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR SUITABILITY OF THE CONTENT, ADVICE OR PRODUCTS OF, OR ON, OR OBTAINED IN CONNECTION WITH, THE SITE, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BIZBOOM.COM DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE SITE, OR ITS MATERIAL OR PRODUCTS, RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, OR ANY OTHER ITEMS, BIZBOOM.COM IS NOT RESPONSIBLE FOR THOSE COSTS.
3. Disclaimer of Liability
BIZBOOM.COM SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY BE SUFFERED BY YOU OR ANY OTHER USER OF THE SITE IN CONNECTION WITH OR AS A RESULT OF THE INFORMATION, ADVICE OR THE PRODUCTS, REGARDLESS OF HOW SUCH DAMAGES MAY ARISE AND EVEN IF BIZBOOM.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. Third Party Material
Some of the material on the Site is provided by third parties and by agreeing to these terms, you agree that BizBOOM.com shall not be held responsible for any such third party services, advice, materials or products. In particular, various products and services referenced in the Site are provided by third party vendors pursuant to agreements or other arrangements between such vendors and the end user. BizBOOM.com does not directly sell, resell, warranty or license such products, advice or services, and BizBOOM.com disclaims any responsibility for or liability related to such products, advice or services. Any questions, complaints or claims related to any product should be directed to the appropriate vendor. BizBOOM.com does not control the quality of third party products, advice or services and is not responsible for your purchase or use of such products, advice or services. By agreeing to these terms, you agree that BizBOOM.com's inclusion of such products, advice or services does not imply any endorsement of the products, advice or services or any association with the third parties supplying such products, advice or services.
5. Indemnity
You agree to defend, indemnify, and hold harmless BizBOOM.com, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or resulting from your use of the Site or your breach of these terms and conditions.
6. Links to Other Sites
This Site may contain hyperlinks to Sites operated by parties other than BizBOOM.com. Such hyperlinks are provided for your reference only. BizBOOM.com does not control such Sites and is not responsible for their contents. BizBOOM.com's inclusion of hyperlinks to such Sites does not imply any endorsement of the material on such Sites or any association with their operators.
7. Posting and Web Page Management Guidelines By using BizBOOM.com (the "Site"), you signify your agreement to these terms of use. If you do not agree to these terms of use (collectively "the Rules"), you are not authorized to use the Site. If you have questions regarding use of the site, please contact the webmaster. If at any time you do not agree to be bound by these Rules you should immediately end your use of the Site. We may change the Rules and the scope of our services, in whole or in part, at any time. Such changes will be posted on the Site and such posting will constitute notice to you. Each time before using the Site, you agree to review changes to the Rules and, if any change is not acceptable to you, you agree to terminate use of the Site. Your continued use of the Site after the posting of any such change constitutes your acceptance of all the changes.
You alone are responsible for the content of your submissions, and the consequences of any such submissions. BizBOOM.com reserves the right to terminate your registration, without refund, if it becomes aware and determines, in its sole discretion, that you are violating any of the Rules.
Your administration section is a secure, password-protected section. The registrant of the User ID assumes all responsibility for any uploads made by other persons that may have gained access to the user ID and password from the registrant.
Permitted Uses. You agree that in providing or posting any information on the Site you shall not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
- Make any bigoted, hateful or racially offensive statements.
- Publish, post, upload, distribute or disseminate or offer to do the same any inappropriate, defamatory, infringing, obscene, or unlawful material or information.
- Post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party.
- Post any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell any goods or services for any commercial purpose, other than in forums intended for such uses.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is posted.
- Restrict or inhibit any other user from
using and enjoying the site. Advocate illegal activity or discuss
illegal activities with the intent to commit them.
No Obligation to Monitor
BizBOOM.com does not control all of the information delivered to the Site, and BizBOOM.com has no obligation to monitor such areas. However, BizBOOM.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in BizBOOM.com's sole discretion. BizBOOM.com does not necessarily endorse, support, represent or guaranty the truthfulness, accuracy, or reliability of any communications posted on the Site, or endorse any opinions expressed on the Site. You acknowledge that any reliance on material posted on the Site will be at your own risk.
Company's Rights
If BizBOOM.com discovers material which does not conform to these terms and conditions, BizBOOM.com may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of said material. BizBOOM.com will have no liability or responsibility for performance or non-performance of such activities. BizBOOM.com reserves the right to terminate or restrict your access to the Site at any time without notice for any reason whatsoever.
License Grant
By posting information or material on or through the Site, you automatically grant BizBOOM.com a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
8. Transactions
BizBOOM.com enables you to initiate on-line and off-line transactions for the purchase of products or services from certain participating vendors. However, BizBOOM.com does not actually sell such products or services, nor is it a party to any transactions involving such products or services. Rather, BizBOOM.com merely passes orders or requests for information from users to participating vendors. By submitting such an order or request through the Site, you authorize BizBOOM.com to pass along the order or request to the relevant vendor.
BizBOOM.com is not responsible for the fulfillment of any request or order passed from you to any participating vendor. You acknowledge that any such transactions, orders, or requests for information are purely between you and the relevant vendor. Should any dispute arise regarding any such transaction, order, or request for information, your only recourse will be directly with the vendor. BizBOOM.com specifically disclaims, and you hereby release BizBOOM.com its partners affiliates and agents from, any 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.
9. General Terms
This agreement is governed by the laws of the State of New York. You hereby consent to the exclusive jurisdiction and venue of courts in Onondaga County, New York in all disputes arising out of or relating to the use of this Site. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and BizBOOM.com as a result of this agreement or use of this Site.
BizBOOM.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BizBOOM.com's right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by BizBOOM.com with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
A printed version of this agreement and of any notice given in electronic form 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.
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