| AllInternetNow maintains this website
(our "Site") as a service to our customers and the companies, businesses
and organizations they represent (collectively, "you").
Your use of the site as described above
constitutes your representation to AllInternetNow that you are over
18 years of age, that you may legally enter into this agreement and
that you agree with the terms of this agreement.
If you do not agree to this agreement,
you should not use the AllInternetNow site. We may modify this agreement
(including without limitation the AllInternetNow Privacy Policy described
herein) from time to time, and post those modifications here. Your continued
use of the site after any such modification constitutes your acceptance
of the modified agreement. AllInternetNow may terminate this agreement,
including all your rights hereunder, at any time upon notice, with or
without cause.
1. Ownership
AllInternetNow and its suppliers own all content, materials, forms,
agreements, documents and other items on the Site (collectively, "Materials").
You have no ownership interest in Materials, but AllInternetNow grants
you a limited license to view and use Materials as described in Section
2 ("License"). Materials are protected under applicable copyright, trademark,
trade secret, and other intellectual property laws in the United States
and around the world. You have no other right to view, use, copy, perform,
display, or modify Materials except as described in Section 2 ("License").
AllInternetNow may modify, add to, or delete any Materials at any time,
without notice to, or permission from, you or any third party.
2. License
Subject to your performance of your obligations under this Agreement,
AllInternetNow hereby grants you a limited, revocable, non-exclusive,
non-transferable license (without the right to grant sublicenses) to
view and use the Site and the Materials solely for your own internal
business purposes. You may not republish, "mirror", "frame", transfer,
or otherwise make available to third parties the Site or the Materials
except with the prior, written consent of AllInternetNow.
3. Forms
YOU UNDERSTAND AND AGREE THAT THE MATERIALS MAY CONTAIN SAMPLE OR FORM
AGREEMENTS, LETTERS OR OTHER DOCUMENTS ("FORMS"). FORMS MAY INCLUDE
FINANCIALLY OR LEGALLY SIGNIFICANT DOCUMENTS, SUCH AS CONTRACTS, LEASES,
BALANCE SHEETS, ASSIGNMENTS AND OTHER ITEMS, AND ARE PROVIDED TO YOU
SOLELY AS EXAMPLES OF TYPICAL DOCUMENTS OF THEIR KIND. THE DELIVERY
AND USE OF FORMS DOES NOT CONSTITUTE LEGAL, ACCOUNTING OR OTHER PROFESSIONAL
ADVICE, AND YOU ARE URGED TO CONSULT AN APPROPRIATE PROFESSIONAL LICENSED
IN YOUR JURISDICTION BEFORE USING ANY FORMS. YOU THEREFORE ASSUME ALL
RISK ASSOCIATED WITH FORMS, AND AGREE TO DEFEND, INDEMNIFY, AND HOLD
HARMLESS AllInternetNow, ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES,
AGENTS, SHAREHOLDERS, EMPLOYEES AND OFFICERS FROM AND AGAINST ANY AND
ALL CLAIMS, DEMANDS, THREATS, SUITS OR PROCEEDINGS, OR ANY LOSSES OR
LIABILITIES (INCLUDING ATTORNEYS' FEES AND COSTS) ASSOCIATED WITH SUCH
CLAIMS, DEMANDS, THREATS, SUITS OR PROCEEDINGS, ARISING FROM ANY BREACH
OF THIS AGREEMENT BY YOU OR ANY USE BY YOU OF THE SITE OR THE MATERIALS,
INCLUDING WITHOUT LIMITATION THE FORMS.
4. Registration
and Personal Information
You may have the opportunity to provide certain personal information
at the Site directly to AllInternetNow or through your use of Third
Party Services. The collection or use of personal information by AllInternetNow
shall be governed by the AllInternetNow Privacy
Policy, as modified from time to time by AllInternetNow; the terms
of such Privacy Policy are hereby incorporated into this Agreement by
reference. You understand and agree that the collection or use of your
personal information by third parties shall be governed by any agreement
or privacy policy in effect between you and such third parties, if any,
and AllInternetNow shall have no liability whatsoever for any such collection
or use.
5. Community
The Site contains areas such as message boards, mailing lists and directories
(collectively, "Site Facilities"), where you may share information with
other users. You agree that if you use any Site Facilities, you shall
not share, post, transmit or otherwise disseminate any unlawful, defamatory,
libelous, threatening, abusive, offensive, racist, vulgar, harassing,
pornographic or obscene material of any kind, or materials that would
infringe or violate the rights of any person or constitute a criminal
offense or otherwise violate any applicable local, state, national or
foreign law. You understand and agree that you shall not use the Site
Facilities for advertising or commercial promotion of yourself or any
third party. AllInternetNow does not monitor Site Facilities on a regular
basis, but may do so without notice to, or permission from, you or any
third party. AllInternetNow shall have the right, but not the obligation,
to remove any material from Site Facilities as AllInternetNow sees fit
at any time. You understand and agree that AllInternetNow, its parent,
subsidiaries, affiliated companies, agents, shareholders, employees
and officers shall have no liability whatsoever for any information
or material contained or shared at Site Facilities.
6. Disclaimer
THE SITE AND THE MATERIALS ARE PROVIDED
ON AN AS IS BASIS, WITHOUT ANY WARRANTY WHATSOEVER. MATERIALS CONTAINED
IN SMALLBIZMANAGER ARE GENERAL IN NATURE, AND SMALLBIZMANAGER RECOMMENDS
THAT USERS SEEK COMPETENT PROFESSIONAL ADVICE ON MATTERS OF INDIVIDUAL
CONCERN. WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, AllInternetNow HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS,
IMPLIED, STATUTORY OR ARISING FROM COURSE OF DEALING, INCLUDING ALL
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE SITE AND THE MATERIALS
(INCLUDING WITHOUT LIMITATION THE FORMS) MAY BE INCORRECT, OUT OF DATE,
INAPPROPRIATE FOR ANY PARTICULAR TRANSACTION, AND MAY CONTAIN "BUGS",
ERRORS, DEFECTS, AND MAY NOT OPERATE ERROR-FREE OR NOT PRODUCE RESULTS
AS EXPECTED.
7. Damages
IN NO EVENT SHALL AllInternetNow, ITS SUBSIDIARIES, AFFILIATED COMPANIES,
AGENTS, SHAREHOLDERS, EMPLOYEES OR OFFICERS HAVE ANY LIABILITY HEREUNDER
TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION,
OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE
LIABILITY OF AllInternetNow, ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES,
AGENTS, SHAREHOLDERS, EMPLOYEES AND OFFICERS EXCEED ONE HUNDRED DOLLARS
($100), REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT,
OR OTHERWISE. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AllInternetNow AND YOU.
THIS SITE AND THE MATERIALS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
8. Grant of
Rights
You represent and warrant that all information provided by you in whatever
format shall be non-confidential to you or any third party, and AllInternetNow
may use or disclose such information without notice to, or permission
from, you or any third party, subject only to the AllInternetNow Privacy
Policy as described in Section 3 ("Other Use and Disclosure of Personal
Information"). You hereby grant to AllInternetNow a worldwide, royalty-free,
irrevocable, perpetual, non-exclusive, transferable license (with a
right to grant sublicenses through multiple tiers of sublicensees) to
use, execute, display, copy, perform and modify such information as
AllInternetNow sees fit and for any purpose whatsoever.
9. General
This Agreement constitutes the entire and only agreement between AllInternetNow
and you regarding the Site, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings with respect
to the Site, the information provided by or through the Site, and the
subject matter of this Agreement. You agree to review this Agreement
prior to reviewing any information or obtaining any documents from the
Site. Any action related to this Agreement shall be governed by the
substantive laws of the State of Illinois, without regard to conflicts
of laws principles. The State and Federal courts located in Cook County,
Illinois, shall have sole jurisdiction over any dispute arising hereunder,
and the parties hereby consent to the personal jurisdiction of such
courts and to extra-territorial service of process. The United Nations
Convention on Contracts for the International Sale of Goods shall not
apply to this Agreement. Neither this Agreement, nor any rights hereunder,
may be assigned by operation of law or otherwise, in whole in part,
by you without the prior, written consent of AllInternetNow. Any purported
assignment without such permission shall be void. AllInternetNow may
assign this Agreement, in whole or in part, without notice to you or
any third party. Any waiver of any rights of either party must be in
writing, signed by the waiving party, and any such waiver shall not
operate as a waiver of any future breach of this Agreement. In the event
any portion of this Agreement is found to be illegal or unenforceable,
such portion shall be severed, and the remaining terms shall be separately
enforced. The language in this Agreement shall be interpreted as to
its fair meaning and not strictly for or against either party. In the
event of any conflict between this Agreement and the Privacy Policy
or any other terms on the Site, this Agreement shall control.
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