B2B VIBE – TERMS OF USE
IMPORTANT : BY ACCESSING ANY PART OF THE ONLINE B2B VIBE COMMUNITY, INCLUDING OUR WEBSITE AND ANY MOBILE APPLICATIONS OFFERED BY US ("B2B VIBE" OR THE "SERVICE"), YOU, AS A USER OF THE SERVICE (“USER,” “YOU,” OR “YOUR”), ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH
M & C INFORMATION SYSTEMS, INC., DOING BUSINESS AS GOLEADS (“GOLEADS,” “WE,” “OUR,” OR “US”) BASED ON THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE (THE “AGREEMENT”).
IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR CANNOT COMPLY WITH THESE TERMS AND CONDITIONS, YOU WILL STOP ALL USE OF THE SERVICE AND WILL HAVE NO AUTHORITY TO USE, ACCESS, OR VIEW THE SERVICE.
1. The Service
B2B Vibe is an online community, hosted on a series of publicly-available and viewable internet web pages located at www.b2bvibe.com and other related web addresses (collectively, the “Web Site”), through which customers who subscribe for certain marketing support services provided by GoLeads (herein referred to as “Subscribers”) may promote and market the Subscribers’ respective businesses to other Subscribers and to all other users who may from time to time access or view the Website and the content contained thereon (each, a “User”). Specifically, each Subscriber has its own profile page located at the Website which promotes the Subscriber and its business (the “Subscriber Profile Page”), which Subscriber Profile Page contains contact information for, information regarding the Subscriber’s business, and informational articles and other marketing-oriented content intended to promote the business of the Subscriber (with all of such content on each Subscriber Profile Page being referred to herein as the “Profile Page Content”).
The Service is provided through the use of a browser interface, data transmission, data access (as available),
and related software. You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service, and for paying all third-party access charges
(e.g., kiosk, ISP, telecommunications) incurred while using the Service.
GoLeads makes no guarantees as to the continuous availability of the Service or of any specific feature(s) of the Service. GoLeads reserves the right to change or discontinue the Service, or any part thereof, at any time without notice, and GoLeads reserves the right to alter or remove any Subscriber Profile Page or Profile Page Content, at any time without notice. GoLeads further reserves the right to change the terms and conditions of this Agreement at any time, which changes shall be communicated by posting the amended Agreement on the Website, whereupon such amended Agreement shall immediately supersede the terms of this Agreement.
2. Use of Proprietary Software
Subject to the terms and conditions of this Agreement, GoLeads grants the User an individual, personal, non-sublicensable, non-exclusive and non-transferable license (the "License") to use its proprietary software in object code form only, to the extent available to the User through the Website. As between the parties, you acknowledge that GoLeads retains exclusive ownership throughout the world of all software, any portions or copies thereof, and all rights therein. THE SOFTWARE AND ALL OTHER ELEMENTS OF THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND SUBJECT TO THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY FOUND IN THIS AGREEMENT.
3. Profile Page Content
All Profile Page Content is the sole responsibility of the Subscriber on whose Subscriber Profile Page it is located. All Profile Page Content is provided “as is” and without any warranty by GoLeads. The Subscriber, not GoLeads, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Profile Page Content. Your use of the Service (including your access, viewing, and use of any Profile Page Content) shall be at your sole risk.
GoLeads reserves the right to remove any Profile Page Content from any Subscriber Profile Page, or to remove a Subscriber from inclusion in the Service, for any reason or no reason.
By providing information to GoLeads, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.
Ideas you post and information you share on B2B Vibe may be seen and used by other users of the Service, and GoLeads cannot guarantee that other users will not use the ideas and information that you share on the Service. Therefore, if you have an idea or information that you would like to keep confidential or do not want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it on the Service. GOLEADS IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON B2B VIBE.
4. Restrictions and Policies
You will not use the Service in any way for spamming, chain letters, illegal fax broadcasting or distribution lists to any person who has not given specific permission to be included in such. You agree not to transmit, store, or publish through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind. You will only use the Service for lawful purposes, in compliance with all applicable laws including, without limitation, copyright, trademark, obscenity, and defamation laws. It shall be the User’s sole responsibility to determine the applicability of any such laws. Unlawful activities may include (without limitation) storing, distributing, publishing or transmitting any unlawful material, attempting to compromise the security of any networked account or site, or making direct threats of physical harm. You hereby agree to defend and indemnify GoLeads against any claim or action that arises from your use of the Service in an unlawful manner or in any manner inconsistent with the restrictions and policies stated herein.
It is GoLeads’ policy to respect the privacy of its Subscribers and Users. Nevertheless, GoLeads reserves the right to access and disclose any information, data, graphics, video, sound, files and other content created by, provided by, stored, or accessed by you in order to comply with applicable laws and lawful government requests, to operate its business properly, or to protect its customers or itself. This may also include disclosing a Subscriber’s or User’s name and other registration and identification information. GoLeads reserves the right in its sole discretion, but will not be obligated, to remove any Profile Page Content or other content from its system. GoLeads will fully cooperate with law enforcement authorities in investigating suspected lawbreakers, and reserves the right, but shall not be obligated, to report to such authorities any suspect activity of which it becomes aware.
5. Privacy
You should carefully read GoLeads’ Privacy Policy before deciding to become a User of the Service as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information, you submit to GoLeads. Certain information, statements, data, and content
(such as photographs) which you may submit to GoLeads may reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part.
6. Support
Under no circumstances will GoLeads have any obligation to provide you with hard-copy documentation, upgrades, enhancements, modifications, or other support, including, without limitation, phone support, unless specifically contracted for.
7. Warranty and Disclaimer
THE SERVICE (INCLUDING BUT NOT LIMITED TO ALL PROFILE PAGE CONTENT) IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND GOLEADS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, CORRESPONDENCE TO DESCRIPTION, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF PERMITTED BY LAW, GOLEADS’ LIABILITY IS LIMITED TO RESUPPLYING THE SERVICE. GOLEADS DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DATA STORED AS PART OF THE SERVICE WILL NOT BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT ITS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE 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.
8. Limitation of Liability
GOLEADS’S TOTAL LIABILITY, IF ANY, WITH RESPECT TO THE SUBJECT MATTER OF THIS SERVICE AGREEMENT (INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING OUT OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE), WILL BE LIMITED TO FIVE HUNDRED DOLLARS. GOLEADS AND ITS LICENSORS WILL NOT BE LIABLE IN ANY EVENT FOR LOSS OR INACCURACY OF DATA, LOSS OF PROFITS OR REVENUE, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THE COST OF ANY SUBSTITUTE PROCUREMENT), WHETHER OR NOT FORESEEABLE AND EVEN IF GOLEADS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. U.S. Government Matters
You may not remove or export from the United States or allow the export or re-export of any part of the software or applicable documentation, if any, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the software and documentation licensed in this Service Agreement are "commercial items" and according to DFAR section 252.227-7014(a)(1) and (5) are deemed to be "commercial computer software" and "commercial computer software documentation." Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Service Agreement.
10. Third Party Linking
GoLeads may, at its election, provide links from the Service to other World Wide Web sites or resources. Because GoLeads has no control over such sites and resources, you acknowledge and agree that GoLeads is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that GoLeads shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
11. Miscellaneous
This Agreement is between GoLeads and each User, and is not for the benefit of any third party, whether directly or indirectly. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with GoLeads’s prior written consent. THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEBRASKA WITHOUT REGARD TO THE CONFLICT OF LAWS PROVISIONS THEREOF. YOU AND GOLEADS AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE COURTS LOCATED IN THE COUNTY OF DOUGLAS IN THE STATE OF NEBRASKA. You and GoLeads agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind GoLeads in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. GoLeads’ failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by an authorized representative of GoLeads in writing. It is the express will of the parties that this agreement and all related documents have been drawn up in English. C'est la volonte expresse des parties que la presente convention ainsi que les documents qui s'y rattachent soient rediges en anglais.