1. Who May Use the Site or Services
If the law in your jurisdiction allows you to enter into agreements with third parties, you agree to these TOU then you can use the Site or Services. However, in any case if your mind is legally incapacitated (mental disability, intoxication, under the age of 18, etc.) for any reason, then you are not allowed to use the Site or Services. For those who are accepting these TOU and using the Site or Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these TOU.
2. Accounts, Passwords and Security
When using the Services, you may need to set up an account by registering certain information. You must register true, accurate and complete information. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify iBizExcel immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by iBizExcel or any other user of or visitor to the Site or Services due to someone else using your ID, password or account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s, password or account at any time without the express permission and consent of the holder of that ID, password or account. iBizExcel cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
4. Content on the Site and Services
You are responsible for your use of the Site and Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others. Don’t click the submit/send button, unless you are prepared to be held accountable for your Content. Like with any content published via the internet, you must consider the source of the Content or materials before using or relying upon it. Your use of the Content and iBizExcel Site and Services are at your own risk. You, the user of the Site and Services will operate in a lawful, ethical and professional manner. You shall conduct yourself in a fair, responsible and business-like manner at all times and will avoid any discourteous, deceptive, misleading or unethical practices. You are solely responsible for any comments or posts you leave on our Site, blogs or any iBizExcel Site. iBizExcel does not control Content posted and does not guarantee the accuracy, truthfulness, integrity, reliability or quality of the content. You understand that by using the Site or the Services you may be exposed to Content that might be offensive, harmful, inaccurate, indecent or otherwise inappropriate. Under no circumstances will iBizExcel be liable in any way for any Content, including but not limited to any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise made available via the Site or the Services. Your use of software made available via iBizExcel Site or Services is subject to any applicable license agreement or user agreement or the documentation that accompanies or is included with the software (“License Terms”). In the event that software that is provided on or through a iBizExcel Site or Services and is not licensed for your use through License Terms specific to the software, you may use the software subject to the following: (a) the software may not be modified or altered in any way; and (b) the software may not be redistributed. iBizExcel has the right (but not the obligation) in its sole discretion to screen, refuse, move or remove any content that violates the TOU or is otherwise objectionable. You bear all risks associated with the use of any Content on the Site or in connection with the Services including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that iBizExcel may access, preserve and disclose your information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the provisions of this TOU; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of iBizExcel, its users and the public. The Services and software embodied within the Service may include security components that permit digital materials to be protected. The use of these materials is subject to usage rules set by iBizExcel and/or its technology providers. You may not attempt to override or circumvent any of the usage rules embedded in the Services.
5. Dues and Fees
When you order a service you have an opportunity to review and accept the fees that will be charged. Prices, availability, and other purchase terms are subject to change. iBizExcel reserves the right without prior notice to discontinue or change specifications and prices on services offered on and outside of the iBizExcel Site without incurring any obligation to you. All fees may be subject to taxes. iBizExcel may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except that in case of a fee-based Service, such changes will not substantially adversely affect the ability of such paying Users to enjoy that service. You are responsible for providing true, accurate, current, and complete information when ordering services through the iBizExcel Site or otherwise. If you use the iBizExcel Site or other means to purchase a service, payment must be received prior to acceptance of an order. iBizExcel may need to verify information you provide before iBizExcel accepts your order, and may cancel or limit your order any time after it has been placed. Subject to applicable membership policies, if payment has already been made and your order is cancelled or limited, iBizExcel will refund any payment you made for the service that will not be delivered due to cancellation or limitation of an order in the same tender as the original purchase.
6. Online Payment and Credit Card Payment Terms & Conditions
By accessing or using iBizExcel’s online payment service, you agree to be bound by all applicable terms & conditions. iBizExcel may modify the terms and conditions at any time, with or without notice. iBizExcel online payment service is provided to you to facilitate payment of dues and other products and services. You will receive a confirmation once payment has been received. iBizExcel utilizes a third-party service to process payments. iBizExcel will not be liable for any deficiencies in the accuracy, completeness, availability, privacy, security or timeliness of payment information sent via this online payment service. iBizExcel will not be liable for any damages of any kind arising from the use of this online payment site, including, but not limited to, direct, indirect, incidental, consequential, exemplary, and punitive damages. iBizExcel will not be liable for any breach of your personal or credit card information resulting from the interception of such information during its transmission to iBizExcel. You expressly agree that the use of this service is at your sole risk. You agree that it will not intentionally provide false information when accessing or using iBizExcel’s online payment service. iBizExcel is committed to your privacy and will not distribute information sent via this service to third parties. iBizExcel’s finance and membership departments alone have access to data collected and will not store any personally identifiable information, including credit card information. If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the service you have purchased, you agree that we may, at our option, suspend or terminate delivery of service and may require you to pay any overdue amounts incurred (including third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses. Purchases of other products and services through the Site may be subject to other terms and conditions that are presented to you at the time of purchase.
7. No Automated Querying
You may not send automated queries of any sort to the Site or its systems without express written permission in advance from iBizExcel.
8. Intellectual Property
All content included on the iBizExcel Site and in connection with the Services such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of iBizExcel or its content suppliers and is protected by international copyright laws. All software used on the Site is the property of iBizExcel or its software suppliers and is protected by international copyright laws. All of the trademarks, service marks, logos, brand and trade names appearing on the Site are the proprietary intellectual property of the owners of such marks, logos or names and you may not use, modify, remove or otherwise infringe any of such proprietary intellectual property. iBizExcel retains full ownership rights with respect to the Site and the Services including but not limited to design, functionality, and documentation. You may not copy, edit, or reproduce any part of the Site or the Services.
9. Indemnity and Defence
You will defend, indemnify and hold harmless iBizExcel and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) that arise out of or relate to: (i) your use of the Site or the Services; (ii) any actual or alleged breach of your representations, warranties, or obligations set forth in this TOU; (iii) any content you provide including but not limited to any actual or alleged infringement of any intellectual property or proprietary rights of any third party.
10. Limitation of Liability
11. Disclaimer of Liability
This disclaimer informs all iBizExcel users, including you that the views, thoughts, advice and opinions expressed in all the activities carried out by the users belong solely to the users, and not necessarily represent the views of iBizExcel and its affiliates (and their respective employees, directors, agents and representatives). The views, thoughts, advice, opinions, proposals, recommendations, statement of expectations, forecasts supplied by the users of the Site or Services shall not amount to any form of guarantee that iBizExcel determined or predicted future events or circumstances. iBizExcel and its affiliates (and their respective employees, directors, agents and representatives) shall not be liable for all the information shared by its users on the Site or Services for any reason whatsoever.
12. Disclaimer of Warranties
The iBizExcel Site and the Services are provided on an “as is” and “as available” basis. iBizExcel makes no representations or warranties of any kind, express or implied, concerning the Site, the Services or the content thereof. To the fullest extent permissible under applicable law iBizExcel disclaims any and all such warranties including without limitation: Any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement; That the Site or the Services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error; That the information, content and materials included on the Site or the Services will be as represented; Any implied warranty arising from course of dealing or usage of trade; and Any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of iBizExcel.
13. Third Party Websites
The iBizExcel Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While iBizExcel make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that iBizExcel is not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor is iBizExcel responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by iBizExcel, or any warranty of any kind, either express or implied. You are solely responsible for and assume all risk arising from your access to and/or use of any such linked websites.
14. Electronic Delivery of Notices
By using the iBizExcel Site or the Services you consent to electronically receive from iBizExcel any communications including notices, agreements, legally required disclosures or other information in connection with the Services. iBizExcel may also provide such notices by posting them on the Site. If you desire to withdraw your consent to receive notices electronically you must discontinue your use of Site and the Services. Any notice to iBizExcel is to be sent by email to firstname.lastname@example.org.
15. No Resale Right
You agree not to sell, resell, reproduce, duplicate, distribute, copy, or use for any commercial purpose any portion of this Site or the Services, or use of or access to this Site or the Services provided through this Site or the Services, beyond the limited rights granted to you in these TOU.
16. Force Majeure
In addition to any excuse provided by applicable law, iBizExcel shall be excused from liability for non-delivery or delay in delivery of Services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond iBizExcel’s reasonable control, whether or not similar to those which are enumerated above.
If any provision or part-provision of these TOU is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the TOU.
18. Logos and Names
You grant iBizExcel the right to use your organization’s name and logo on iBizExcel website and on related marketing materials, solely to indicate you are a member of iBizExcel. As long as you remain a member in good standing, you may use iBizExcel’s name and logo, in the format and with the notices provided or requested by iBizExcel solely to indicate your membership in iBizExcel.
This document was last updated on November 17, 2020.