You, the purchaser and/or user of SmartBizQuiz.com (hereinafter referred to as “you” and/or “User”) agree to each of the following Deuber & Villacres, Inc. d/b/a SmartBizQuiz.com (referred to herein as “SmartBizQuiz.com” and/or “we,” ”our” and/or “us”) terms and conditions: YOU ARE NOT PERMITTED TO USE OUR WEBSITE, OR THE MATERIAL, PROGRAMS AND INFORMATION CONTAINED THEREIN, UNLESS YOU UNDERSTAND AND AGREE TO EACH OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT UNDERSTAND AND/OR AGREE TO EACH OF THE FOLLOWING TERMS AND CONDITIONS, DO NOT USE OUR WEBSITE.
WHAT PERSONAL DATA WE COLLECT AND WHY WE COLLECT IT
We may collect and store personal or other information that you voluntarily supply to us online while using the Site (e.g., while on the Site or in responding via email to a feature provided on the Site). SmartBizQuiz.com only contacts individuals who specifically request that we do so or in the event they have signed up to receive our free newsletters or have purchased one of our products. SmartBizQuiz.com collects personally identifying information from our users during online registration and online purchasing. Generally, this information includes name and e-mail address for registration to receive our free newsletters and name, postal address, and credit card information when purchasing our products. All of this information is provided to us by you. We also collect and store information that is generated automatically, as you navigate online through the Site. For example, we may collect information about your computer’s connection to the Internet, which allows us, among other things, to improve the delivery of our web pages to you and to measure traffic on the Site. The privacy of our members, advertisers and visitors is important to us and we protect your privacy and anonymity by adhering to the following policies:
- SmartBizQuiz.com will not release, distribute or sell your personal information to any individual or entity without your explicit permission or request.
- SmartBizQuiz.com marketing partners have separate privacy and data collection practices that may be different or less protective than ours. SmartBizQuiz.com disclaims any responsibility or liability for our marketing partner’s independent information handling policies and we recommend you are careful and responsible when providing personal information while interacting with any third party while online.
- While SmartBizQuiz.com is committed to protecting your privacy, we cannot guarantee the privacy of information transmitted over the Internet and therefore you do so at your own risk.
- Be aware that we may occasionally release information about our visitors when release is appropriate to comply with law or to protect the rights, property or safety of users of the Site or the public.
- Please also note that as our business grows, we may buy or sell various assets. In the unlikely event that we sell some or all of our assets, or one or more of our websites is acquired by another SmartBizQuiz.com, information about our users may be among the transferred assets.
We also may use a standard feature found in browser software called a “cookie” to enhance your experience with the Site. Cookies are small files that your web browser places on your hard drive for record-keeping purposes. By showing how and when visitors use the Site, cookies help us deliver advertisements, identify how many unique users visit us, and track user trends and patterns. They also prevent you from having to re-enter your preferences on certain areas of the Site where you may have entered preference information before. The Site also may use web beacons (single-pixel graphic files also known as “transparent GIF”) to access cookies and to count users who visit the Site or open HTML-formatted email messages. We use the information we collect from you while you are using the Site in a variety of ways, including using the information to customize features and advertising that appear on the Site.
EMBEDDED CONTENT FROM OTHER WEBSITES
This website utilizes several tracking and analytics scripts (including but not limited to Google Analytics, Infusionsoft Analytics, and Facebook Tracking pixel), information is captured and then used to tailor a more targeted online experience.
HOW LONG WE RETAIN YOUR DATA
If you leave a comment on our website, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
WHERE WE SEND YOUR DATA
Visitor comments may be checked through an automated spam detection service, and opt-in information is passed securely to Infusionsoft by Keap Software Company where it is stored securely in our CRM database, where you can opt out at any time.
REQUESTING / REMOVING YOUR INFORMATION
You can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes. Please send your request to firstname.lastname@example.org.
- SmartBizQuiz.com subscribes to the principle of “permission marketing,” which means that we will not send electronic notification to anyone unless they have been referred to us by a member in good standing or have explicitly requested the information.
- SmartBizQuiz.com does not intentionally or knowingly distribute, condone or encourage spamming practices. We only work with vendors who have validated opt-in lists. Furthermore we request that all our clients and Users respect and adhere to this Anti-spamming Policy and strictly conform to all State and Federal “Spam Legislation.”
- SmartBizQuiz.com provides recipients with the opportunity to unsubscribe or opt-out with a single click.
- SmartBizQuiz.com requires that all of our marketing partners contractually agree to use their best effort to ensure that any SmartBizQuiz.com related correspondence result in a positive e-mail experience for all recipients.
- SmartBizQuiz.com also requires that all of our Users agree to use their best effort to ensure that any SmartBizQuiz.com related correspondence results in a positive e-mail experience for all recipients.
To report any incident of spamming by one of our Advertising Partners, click here or go to http://www.spamwarden.com/ReportSpam.php3
CHILDREN’S PRIVACY STATEMENT
This children’s privacy statement explains our practices with respect to the online collection and use of personal information from children under the age of thirteen, and provides important information regarding their rights under federal law with respect to such information.
- This Site is not directed to children under the age of thirteen and we do NOT knowingly collect personally identifiable information from children under the age of thirteen as part of the Site. We screen users who wish to provide personal information in order to prevent users under the age of thirteen from providing such information. If we become aware that we have inadvertently received personally identifiable information from a user under the age of thirteen as part of the Site, we will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of thirteen as part of the Site.
- Because we do not knowingly collect any personally identifiable information from children under the age of thirteen as part of the Site, we also do NOT knowingly distribute such information to third parties.
- We do NOT knowingly allow children under the age of thirteen to publicly post or otherwise distribute personally identifiable contact information through the Site.
- Because we do not knowingly collect any personally identifiable information from children under the age of thirteen as part of the Site, we do NOT condition the participation of a child under thirteen in the Site’s online activities on providing personally identifiable information.
We want you to be happy! Within 30 days from the date of first subscribing to SmartBizQuiz.com, if you do not feel it is right for you and you notify us in writing as indicated below, we will promptly refund your investment, less a 10% processing fee, inactivate your access to the platform and stop future billing. Refund Request Process: We are committed to your satisfaction and have established the following guidelines to ensure that your request for a refund is handled properly.
- Your request for a refund must be received in writing via email to: email@example.com.
- Please specify the reason for your request and information that may help us understand your decision.
- Your request will be processed within 4 business days of receipt.
This warranty gives you specific legal rights, and you may have other legal rights which vary from state to state.
COMPLAINTS AND CONCERNS
SmartBizQuiz.com takes seriously any complaints regarding its subscribers or affiliates and has established a Compliance Department for the handling of such issues. The following steps will be taken with every complaint filed with SmartBizQuiz.com:
- Complaint received
- Complaint reviewed
- Letter sent from Compliance Department if complaint was substantiated (Given 30 days to comply and notice of the possibility of loss of subscribership.)
- Terminate by a specific date
To issue a complaint regarding a SmartBizQuiz.com subscriber or affiliate, click here: wecare@SmartBizQuiz.com. Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, store or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices and act in accordance with the Terms and Conditions contained herein. Your License to Us. By posting or submitting any material (including, without limitation, comments, emails, blog entries, photos and videos) to us via the Site and/or via email, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose and without further notice and/or compensation. The foregoing license grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate, and without further notice and/or compensation. You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, any copyright in those works shall belong to SmartBizQuiz.com from their creation. Thus, SmartBizQuiz.com shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as SmartBizQuiz.com determines and without further notice. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation or notice, irrevocably assign, convey and transfer to SmartBizQuiz.com all proprietary rights, including without limitation, all copyrights and trademarks, and each of them, throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us. You acknowledge that SmartBizQuiz.com has the right but not the obligation to use and display any postings or contributions of any kind and that SmartBizQuiz.com may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever and without notice or compensation. Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property. You agree that the content, tools, strategies, processes, material and other such information contained in the SmartBizQuiz.com site, and the system and process disclosed therein, are confidential, proprietary to SmartBizQuiz.com, and are copyrighted. You agree not to copy, reverse-engineer, duplicate, dismantle or otherwise reproduce, copy, summarize or teach from the materials provided therein without express written consent of SmartBizQuiz.com
Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor any affiliate(s) operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site. If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not SmartBizQuiz.com. Neither SmartBizQuiz.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, SmartBizQuiz.com neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized SmartBizQuiz.com representative while acting in his/her official capacity. SmartBizQuiz.com provides no legal, financial, tax or other advice. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY SMARTBIZQUIZ.COM AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES, INCLUDING IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. You agree at all times to defend, indemnify and hold harmless SmartBizQuiz.com together with its affiliates, their respective successors, transferees, assignees and licensees, and respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees, and each of them, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and all related expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
- SmartBizQuiz.com provides Users with access to many online resources, including educational tools, products, services, programs and promotional specials through its website and network of affiliates and subscribers. The Service is provided “AS IS” and SmartBizQuiz.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalized settings.
- SmartBizQuiz.com reserves the right to charge a $20 service fee for any check that is returned due to insufficient funds in addition to the amount that the check was to provide.
- Use of SmartBizQuiz.com, and/or any Service contained therein, by a User constitutes an implicit agreement by such User to be bound by each and all of these Terms and Conditions, as set forth herein. Each User is required to agree to these terms and conditions, and each of them, to use and/or continue to use SmartBizQuiz.com, and/or any such Service. Users and other parties are separately bound by the terms of their separate agreements with SmartBizQuiz.com.
- SmartBizQuiz.com, and any and all Service contained therein, may only be used by individuals in good standing on their account and only for their own personal, non-commercial use, provided the User keeps intact all copyright and other proprietary notices, and not by any commercial entity, such as any corporations, partnerships or other non-natural entities, without the express, prior written or electronic consent of the SmartBizQuiz.com. The User is not permitted or allowed to transfer ownership of access to SmartBizQuiz.com, or any information and/or service contained therein, and/or any product or service offered or provided by SmartBizQuiz.com without advance written permission from SmartBizQuiz.com.
- SmartBizQuiz.com reserves the right to alter and/or delete material from the Site and/or Service, in its sole and absolute discretion, at any time, and without notice, and may, at any time and without notice, revise this Terms and Conditions, or any portion thereof, and the conditions applicable to use of the Site and/or Service, by posting such changes on the web site. Such changes, additions and/or deletions shall be effective immediately upon posting or as indicated by SmartBizQuiz.com in any other reasonable method of providing notice SmartBizQuiz.com in its sole discretion chooses. Users are bound by any such revision and should therefore periodically visit this page at least on a monthly basis to review the then current terms of this Terms and Conditions. Any use of the Site and/or Service after any such revisions shall be deemed to constitute acceptance of such changes, additions or deletions.
- Each User agrees that any information provided by such User will be truthful, accurate and not misleading, to the best of the User’s knowledge. Each User must maintain and promptly update his/her personal information to keep it true, accurate, current, and complete. Otherwise, SmartBizQuiz.com has the right to suspend or terminate User’s account and refuse any and all current or future use of the Site and/or Service.
- Each User will receive their account identification and password upon completing the SmartBizQuiz.com registration and payment process. Users are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the Users’ password or account. Users agree to immediately notify SmartBizQuiz.com of any unauthorized use of their password or any other breach of security. SmartBizQuiz.com will not be liable for any loss or damage arising from Users failure to comply with this Clause.
- No User shall engage in any conduct that, as determined in SmartBizQuiz.com‘s sole and absolute discretion, inhibits any other User from using or enjoying SmartBizQuiz.com and/or any Service contained therein. Each User agrees not to disrupt, interfere or otherwise impede the performance of SmartBizQuiz.com and/or any such Service. No User shall upload, post, email, transmit or otherwise make available any material that contains software viruses or any other code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. No User shall intentionally or unintentionally violate any applicable local, state, national or international law. No User shall collect or store personal data about other users. In addition to the other Terms and Conditions contained herein, it is a condition of your use of SmartBizQUiz.com and/or the Site that you do not:
- Restrict or inhibit any other user, and/or SmartBizQuiz.com, from using and enjoying the Site.
- Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Interfere with or disrupt any servers or networks, or portions thereof, used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
- Use the Site to instigate or encourage others to commit illegal activities, use it as a revenge site, or cause injury or property damage to any person.
- Gain or give unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit or improper means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
- Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, revenge, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
- Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, and/or SmartBizQuiz.com, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
- Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
- Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
- Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without the express written approval of SmartBizQuiz.com.
- Gather for marketing purposes any email addresses or other personal information that has been posted on the Site, or use the site to deconstruct or hack information.
- SmartBizQuiz.com may host message boards, chats and other public forums on its Site. Any User failing to comply with the terms and conditions of this Terms and Conditions may be expelled from and refused continued access to such message boards, chats and/or other public forums in the future, and such user’s account may be terminated. SmartBizQuiz.com or its designated agents may remove or alter any User-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by SmartBizQuiz.com staff, SmartBizQuiz.com‘s outside contributors, or by users not connected with SmartBizQuiz.com, some of whom may employ anonymous user names. SmartBizQuiz.com expressly disclaims all responsibility and/or endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for such postings, including any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by User’s reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not necessarily reflect the opinions of SmartBizQuiz.com or any of its subsidiaries, partners, owners, employees, and/or affiliates.
- SmartBizQuiz.com has and accepts no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, User acknowledges and agrees that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right but not the responsibility to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and/or visitors.
- Recognizing the global nature of the Internet, User agrees to comply with all applicable laws and rules regarding online conduct and acceptable content. Specifically, User agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which User resides.
- Each User acknowledges that SmartBizQuiz.com reserves the right but not the responsibility, in its sole and absolute discretion and for any reason, to delete or remove any Information (including without limitation Information which SmartBizQuiz.com determines, in its sole and absolute discretion, to be offensive, racist, lewd, profane, obscene, rude, abusive, defamatory, seeking revenge, or otherwise objectionable) provided for inclusion in SmartBizQuiz.com’s Service. SmartBizQuiz.com reserves the exclusive right to establish and modify in its sole and absolute discretion the criteria for what constitutes offensive content.
- Each User acknowledges that SmartBizQuiz.com shall have the right but not the responsibility, in its sole and absolute discretion, for any reason or no reason, to restrict or terminate, either temporarily or permanently, such User’s access to the Site and/or Service, due to any violation(s) of this Terms and Conditions, and/or while the possibility of such a violation is being investigated and/or explored. Should such violation by User result in the termination, either temporarily or permanently, of User’s access to the Site and/or Service, User remains responsible and liable for any remaining portion of the contract or payments even though access has been terminated due to User’s violation(s).
- Each User hereby agrees to protect, defend, indemnify and hold harmless SmartBizQuiz.com (and its owners and affiliates) and each applicable Partner, their officers, directors, employees, agents and licensees from and against any and all liability including expenses relating thereto, including but not limited to any reasonable attorneys’ fees and costs, relating to or arising from such User’s violation of any term of this Terms and Conditions, and/or from such User’s misuse or abuse of the Site and/or Service.
- Each User acknowledges and agrees that the use of the SmartBizQuiz.com, the Site and/or the Service is at the User’s sole risk. Each User acknowledges that any uploads or transmissions made by such User may be intercepted and used by an unauthorized third party and that all of the risk associated therewith is solely the User’s. SmartBizQuiz.com and, as applicable, any Partner, makes the Service available on an “as is,” available basis, without warranties of any kind, whether express or implied.
- Each User acknowledges that the obligations of SmartBizQuiz.com and each applicable Partner are solely corporate obligations. No Affiliate, Subscriber, Partner, stockholder, director, officer, owner, employee, consultant or member of SmartBizQuiz.com shall be subject to any personal liability whatsoever to a User, nor will any such claim be asserted (directly, derivatively or otherwise) by or on behalf of any User or any successors and assigns of any User.
- Each User acknowledges that the sole remedy for any damages caused or allegedly caused by any failure of performance, error, omission, interruption, termination, defect, delay and/or interference in operation or transmission, or other cause associated with the Service, shall be to terminate such User’s subscribership, if applicable, remove any Information provided by the User to SmartBizQuiz.com, and discontinue further use of the Service. In no event shall SmartBizQuiz.com’s total liability to a User for all damages, losses and causes of action (whether in contract, tort, including without limitation negligence, or otherwise) exceed the amount paid, if any, by a User for the Service.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, ANY SUBSIDIARY AND/OR PARENT COMPANIES, AFFILIATES, PARTNERS, OWNERS, OPERATORS, AND/OR OFFICERS, AND EACH OF THEM, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE SMARTBIZQUIZ.COM AND/OR THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF ANY SUBSIDIARY AND PARENT COMPANY, PARTNER, OWNER, OPERATOR, OFFICER AND/OR AFFILIATE IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF USER IS DISSATISFIED WITH SMARTBIZQUIZ.COM AND/OR THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SMARTBIZQUIZ.COM’S TERMS AND CONDITIONS, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING SMARTBIZQUIZ.COM AND THE PRODUCTS, SERVICES AND/OR MATERIALS. SMARTBIZQUIZ.COM IS CONTINUALLY UNDER DEVELOPMENT AND SMARTBIZQUIZ.COM MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. USER ACKNOWLEDGES AND AGREES THAT NO REPRESENTATION HAS BEEN MADE BY SMARTBIZQUIZ.COM AND/OR ITS AFFILATES, AND EACH OF THEM, AND/OR ANY INDIVIDUAL ASSOCIATED THEREWITH, AND RELIED UPON AS TO THE FUTURE INCOME, EXPENSES, SALES VOLUME OR POTENTIAL PROFITABILITY THAT MAY BE DERIVED FROM THE PARTICIPATION IN THIS PROGRAM.
- SmartBizQuiz.com respects the intellectual property rights of others and requires those that visit SmartBizQuiz.com do the same. SmartBizQuiz.com may, in appropriate circumstances without notice and at its sole discretion, remove or disable access to material on its Web site that infringes or may infringe upon the copyright privileges of others. SmartBizQuiz.com also may, without notice and at its discretion, remove or disable links or references to an online location that contains infringing or potentially infringing material or infringing activity.
- We believe you will be fully satisfied with the SmartBizQuiz.com product(s) and service(s). However, because we strive for complete satisfaction, should you not be satisfied with any SmartBizQuiz.com product and/or service, we hope you will contact us via email at: WeCare@smartbizquiz.com to give us an opportunity to cure any problem.In the unlikely event that User does not believe that the matter has been satisfactorily resolved, both parties, being mindful of the extraordinary cost in time, energy and money, do hereby agree that any controversy, dispute or claim between SmartBizQuiz.com and any other party, including any such arising out of and/or involving any SmartBizQuiz.com business relationship or offering, shall be resolved by binding arbitration. The Arbitration shall be conducted in accordance with the Procedures of the American Arbitration Association and proceed in Monterey, California. Any Settlement Agreement and/or Arbitration Award shall be binding on the parties and shall be enforceable in any court of competent jurisdiction.
Should any party violate this agreement and seek to resolve any dispute by filing a court proceeding, claim or lawsuit, such party agrees to pay any and all costs, including legal fees, incurred by the other party in seeking to have the matter that was so filed dismissed. Nothing in this paragraph shall be construed to mean that a party may bypass or ignore that Arbitration is the method for resolving any dispute that cannot be resolved amicably by paying court costs but rather, each party agrees that the filing of a lawsuit, claim or court proceeding, other than to enforce any unpaid monetary debts as indicated below, is a violation of this Agreement and further agrees to immediate dismissal of such court proceeding. Any Arbitration that proceeds will proceed according to the rules of the American Arbitration Association. Those rules, together with applicable forms, can be found at: www.adr.org Notice of any such Request for Arbitration must be provided to us at our corporate headquarters at:
Deuber & Villacres, Inc.
1139 Mestres Drive
Pebble Beach, CA 93953
This Arbitration clause does not cause waiver or modification of either party’s right to legal proceedings in a court residing in the same judicial jurisdiction as stated herein for the sole purpose of enforcing any unpaid monetary debts by either party as awarded by the arbitrator(s) following Binding Arbitration. The parties agree to such venue as the forum of choice of the parties.
- SAFE SHOPPING POLICY Under federal law, a credit card issuer cannot make User liable for charges in excess of $50.00 that result from the unauthorized use of User’s credit card. There are similar federal laws that relate to debit cards. Exceptions do apply, and User will have to comply with the rules of User’s credit card or debit card issuer, so please contact User’s card issuer for further details. If a credit card or debit card issuer assesses User a fee because of the unauthorized use of User’s credit card or debit card on SmartBizQuiz.com’s site, SmartBizQuiz.com will reimburse User for such amount up to $50.00. Please contact SmartBizQuiz.com’s Customer Service for details at: WeCare@smartbizquiz.com.
- The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by SmartBizQuiz.com infringe your copyright, you, or your agent may send to SmartBizQuiz.com a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon SmartBizQuiz.com actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to SmartBizQuiz.com a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. SmartBizQuiz.com’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: WeCare@SmartBizQuiz.com
- This Agreement is executed and performed in the State of California, and its validity, interpretation and performance shall be controlled by and construed under the laws of that state. SmartBizQuiz.com and User agree to submit to the personal and exclusive jurisdiction any matter found by any court not to be subject to arbitration, and/or the enforcement of any unpaid monetary debts by either party as awarded by the arbitrator following Binding Arbitration only in the United States District Court located in San Jose or the California state court governing Monterey, California. Nothing in this paragraph shall be construed to waive the requirement for arbitration.
- Updates and Amendments. We reserve the right, but not the responsibility, to update and/or amend these Terms and Conditions at any time without further notice at the sole discretion of SmartBizQuiz.com. Continued use of this site, and/or the information contained therein, constitutes acceptance of any such update and/or amendment.