Purchase Agreement & Terms of Service

Terms of Service-General Agreement between the You and IBS, Inc.

 

By purchasing Information Brokerage Services, Inc., also referred to as IBS, Inc.,  Mailing Lists or other Services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which IBS, Inc. may establish from time to time, and any agreements that IBS, Inc. is currently bound by or will be bound by in the future.

 

All list rentals are for a one-time use only.  To mail additional offers (or the same offer twice) you must rent the list again by making another purchase.  You agree to provide a copy of your offer to IBS, Inc. upon request.  You agree that IBS, Inc. may modify this Agreement and the Services from time to time. You agree to be bound by any changes IBS, Inc. may reasonably make to this Agreement when such changes are made.

 

By accessing and using this site, you agree to each of the terms and conditions set forth herein "Terms of Use/Service."  You must be at least 18 years of age and legally able to agree to the terms and conditions of use to sign up on IBS, Inc. services.  Additionally, Your name, email address and account information must be valid and recorded by IBS, Inc. as a legitimate user.

 

Changes or modifications to this agreement by IBS, Inc. may occur at any time without notice.  Any such modifications will be published on the service or notified via email.  By accessing the service after a notice of a change has been published, constitute agreement to follow and be bound by the agreement as modified.

 

These Terms of Service will become effective on the date you agree to it by purchasing any product/service offered by IBS, Inc. or by signifying your agreement to the Member Agreement where provided, and completing all of the membership information required on the Member Registration Form.

 

IBS, Inc. uses reasonable endeavors to ensure that the Service is available 24 hours a day 7 days a week.  However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of IBS, Inc.  Every reasonable step will be taken by IBS, Inc. to minimize such disruption where it is within the reasonable control of IBS, Inc.  You agree that IBS, Inc. shall not be liable to you for any modification, suspension or discontinuance of the Service.

 

If you have purchased Companies, Services, products, or Software from IBS, Inc., the term of this Agreement shall continue in full force and effect as long as you take advantage of and use the Software, products, or Services. In the event you terminate your usage, IBS, Inc. will not refund any amounts you have paid.  You agree that IBS, Inc. shall not be bound by any representations made by third parties who you may use to purchase Services from IBS, Inc., and that any statement of a general nature, which may be posted on IBS, Inc. Web site or contained in IBS, Inc. promotional materials, will not bind IBS, Inc.   IBS, Inc. may, at times, offer certain promotions with different charges and features.

 

You agree to maintain accurate information by providing updates to IBS, Inc., as needed, while you are using IBS, Inc. Services. You agree you will notify IBS, Inc. within five (5) business days when any change of the information you provided as part of the application and/or registration process changes. Failure by you, for whatever reason, to respond within five (5) business days to any inquiries made by IBS, Inc. to determine the validity of information provided by you will constitute a material breach of this Agreement.

 

You agree that IBS, Inc. may use and rely on any such information provided by you for all purposes in connection with Your Services, subject to IBS, Inc.  If you provide any information that is inaccurate, not current, false, misleading or incomplete, or if IBS, Inc. has reasonable grounds to suspect that your information is inaccurate, not current, false, misleading or incomplete, IBS, Inc. has the absolute right, in its sole discretion, to terminate its Services and close your account.   If you register to become an IBS, Inc. member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer.  You agree to accept responsibility for all activities that occur under your member identification and password and to hold IBS, Inc. harmless for any unauthorized use.

 

You are responsible for all of the images you upload, share or copy when using IBS, Inc. Services and Software and therefore you must have the legal right to copy and display each image that you upload.  IBS, Inc. does not allow you to upload and/or post any material that is obscene, offensive, blasphemous, pornographic, threatening, menacing, abusive, harmful, and invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable.  Any image that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct will be removed and the proper authorities will be contacted.

 

IBS, Inc. does not actively monitor the content of members' accounts.  However, should you post images that we feel are unsatisfactory to IBS, Inc. culture; we retain the right and authority to take such images off of the consumer site.

 

In the event IBS, Inc. deletes Your Services because they are being used in association with spam or morally objectionable activities, no refund will be issued.  You agree you will not be entitled to a refund of any fees paid to IBS, Inc. if, for any reason, IBS, Inc. takes corrective action with respect to your improper or illegal use of its Services.

 

You agree IBS, Inc. may immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.  In addition, if actual damages cannot be reasonably calculated then You agree to pay IBS, Inc. liquidated damages of $2 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with Your account, otherwise You agree to pay IBS, Inc. actual damages.  You acknowledge you have read and understand and agree to be bound by the terms and conditions of IBS, Inc. Anti-spam Policy.

 

You are responsible for fulfilling all orders in a professional and timely manner.  In no event will IBS, Inc. be liable for any damages whatsoever, including, but not limited to any direct, incidental, consequential, special, exemplary or other indirect damages arising out of (i) the use of or inability to use the site, the service, or the content, (ii) any transaction conducted through or facilitated by the site; (iii) any claim attributable to errors, omissions, or other inaccuracies in the site, the service and/or the content, (iv) unauthorized access to or alteration of your transmissions or data, or (v) any other matter relating to the site, the service, or the content, even if IBS, Inc. has been advised of the possibility of such damages.  If you are dissatisfied with the site, the service, the content, or with the terms of use, your sole an exclusive remedy is to discontinue the site.

 

You agree that IBS, Inc. may place various advertisements onto any and all websites and may change these ads from time to time at the sole discretion of IBS, Inc.  These advertisements will not prevent or interfere with your ability to place your own advertisements, links, banner ads, etc. onto your website should your website allow these additions.

You agree you are entirely responsible for maintaining the confidentiality of your customer number/login, password, credit card number, and shopper PIN (collectively, the "Account Access Information").  You agree you are entirely responsible for any and all activities that occur under your account.  You agree to notify IBS, Inc. immediately of any unauthorized use of your account or any other breach of security.  You agree IBS, Inc. will not be liable for any loss that you may incur as a result of someone else using Your Account Access Information, either with or without your knowledge.  You further agree you could be held liable for losses incurred by IBS, Inc. or another party due to someone else using Your Account Access Information.  For security purposes, you should keep Account Access Information in a secure location and take precautions to prevent others from gaining access to Your Account Access Information.  You agree that you will be responsible for all activity in your account, whether initiated by you, or by others on your behalf, or by any other means.  IBS, Inc. specifically disclaims liability for any activity in your account, whether authorized by you or not.   You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and you agree to comply with any applicable local, state, federal and international laws, government rules or requirements.

 

IBS, Inc. reserves the right to terminate Services if your usage of the Services results in, or is the subject of, legal action or threatened legal action, against IBS, Inc. or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.  IBS, Inc. may review every account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels.

 

Such terms and conditions are applicable to the use of all IBS, Inc. Software and Services and are incorporated herein.  You agree that IBS, Inc. or its licensor holds all rights, title and interest in all Software and Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated.  You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to you and you agree to make no claim of interest in any such Services or Software.   IBS, Inc. reserves all rights to the Software.  You agree to not alter or modify the Software.

 

As consideration for the Software or Services purchased by you and provided to you by IBS, Inc., You agree to pay IBS, Inc. at the time you order.  All fees are due immediately and are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term.  IBS, Inc. expressly reserves the right to modify pricing through email notification and/or notice on its Web site. Payment may be made by you by providing a valid credit card, an online check, a personal check. 

 

If for any reason IBS, Inc. is unable to charge your Payment Method for the full amount owed IBS, Inc. for the Services provided, or if IBS, Inc. is charged a penalty for any fee it previously charged to Your Payment Method, you agree that IBS, Inc. may pursue all available remedies in order to obtain payment.  If You pay by credit card and if for any reason IBS, Inc. is unable to charge Your credit card with the full amount of the Services provided, or if IBS, Inc. is charged back for any fee it previously charged to the credit card You provided, you agree that IBS, Inc. may pursue all available remedies in order to obtain payment.  You agree that among the remedies IBS, Inc. may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to you of any domain names or Services registered or renewed on your behalf.

 

IBS, Inc. expressly reserves the right to deny, cancel or transfer any domain name registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of IBS, Inc., as well as its affiliates, subsidiaries, officers, directors and employees.  IBS, Inc. also reserves the right to freeze a domain name during resolution of a dispute.


 LIMITATION OF LIABILITY

IN NO EVENT SHALL IBS, Inc. BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF IBS, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

You understand and agree that you are personally responsible for your behavior on the Site.  You agree to indemnify, defend and hold harmless IBS, Inc., its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

 

In the event you should want to terminate services, you are obligated to give 30 days written notice by emailing IBS, Inc. at support@sellbizopps.com to cancel your subscription.  There are absolutely no refunds for unused months/lists/services or partial months/lists/services.  IBS, Inc. reserves the right to charge a restart fee to you should you decide to continue using IBS, Inc. Services or Software.

 

You and IBS, Inc. acknowledge and agree that you are dealing with each other as independent contractors.  This Agreement shall not constitute a partnership, joint venture or agency between You and IBS, Inc., nor shall either of the parties hold itself out as such contrary to the terms hereof, nor shall either of the parties be bound or become liable because of any representation, action or omission of the other.

 

Member acknowledges that use of the Service is at Member's sole risk.  The Service is not warranted to be error free or uninterrupted, and there is no warranty as to the results obtained through use of the Service.  The Service is made available on an AS IS basis.  IBS, Inc. may, at its discretion, but shall not be obligated to provide support for the Service and related IBS, Inc. software and tools.  THERE ARE NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE SERVICE.  Neither IBS, Inc. nor anyone else involved in creating, producing, or delivering the Service, or any services accessible through the Service, will be liable for any direct, incidental, special or consequential damages arising out of this Agreement.  In no event will the liability of IBS, Inc. for any breach of this Agreement exceed the total charges incurred by a User in the month proceeding the date the claim for breach arose.  The provisions of this Section will survive termination of this Agreement.

 

Indemnification

 

You agree to indemnify, defend and hold harmless IBS, Inc. against all damages, claims, liability, costs, and expenses, including but not limited to reasonable attorneys fees, arising out of violation of any of the provisions of this Agreement by You or anyone accessing the Service under Your account.

 

The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to IBS, Inc. or its partners, affiliates, contributors or third parties.

 

You, or the individuals who execute this Agreement on behalf of you hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement.  You represent and warrant that you are 18 years of age or older, or that you have an agent authorized by law to represent you who is 18 years of age or older who is entering into this Agreement on Your behalf.  You warrant that each action you make is being done so in good faith and that you have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name.

Copyright - IBS, Inc.  All Rights Reserved Worldwide