Terms of Service

INTRODUCTION

Welcome to our Web site. This web page contains our TOS which is a contract between you and us that you must agree to when visiting our web site or using or purchasing any of our products or services.

DEFINING THE PARTIES

The terms 'You', 'Prospect', 'Customer' or 'Licensee' includes you and any of your owners, employees, partners, independent contractors, subsidiaries, affiliates, attorneys, agents, heirs, and assigns. It also may be referred to as the person accessing the website or buying or using the product or service.

The terms 'Cyberbiz Network,' 'Us,' 'We,' or 'Licensor' includes our owners, employees, subsidiaries, independent contractors, agents, attorneys, and assigns.

DISCLAIMERS

ALL CONTENT IS PROVIDED "AS IS" AND ANY AND ALL WARRANTIES ARE DISCLAIMED, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

LEGAL DISCLAIMER

The information available from this website which belongs to the Cyberbiz Network ("CBN") has been prepared and/or obtained for general information, education, reference, and entertainment purposes only and is not intended to provide legal advice. CBN, Mark Shroyer, and/or Cyberbiz Network is not a licensed attorney and is not providing legal advice. We are not your lawyer.

While every effort is made to ensure the correctness and completeness of the information contained herein, you acknowledge that CBN, its owners, employees, officers, directors, attorneys, and agents do not promise or guarantee that the information contained herein is correct, complete, or up-to-date. Business strategies, business environments and the law is continually changing and your particular circumstances may require the consideration of facts, laws and issues that are not fully addressed in CBN. There is no guarantee that the information in CBN is correct, complete, or up-to-date for any specific circumstance. You agree that you will not act upon anything contained at CBN without first seeking professional counsel.

LIMITATION OF LIABILITY

Our cumulative liability to you or anyone else for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement or use of the content or website shall not exceed the amount you have paid to us for the product or service. In no event shall we be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if we have been advised of the possibility of such damages. You agree that the foregoing constitutes your sole and exclusive remedy for any breach of this Agreement. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

EARNINGS DISCLAIMER

There is no promise or representation that you will make a certain amount of money, or any money, or not lose money, as a result of using our products and services. Any earnings, revenue, or income statements are strictly estimates. There is no guarantee that you will make these levels for yourself.

Any earnings, revenue, or income statements are based on actual individual results and/or estimates as may be stated. There is no guarantee that you will make these levels for yourself. If we know typical buyer results they are listed. Otherwise, we do not know typical buyer results and you should take that into consideration.

As with any business, your results will vary and will be based on your personal abilities, experience, knowledge, capabilities, comprehension, level of desire, and an infinite number of variables beyond our control, including variables we or you have not anticipated. There are no guarantees concerning the level of success you may experience. Each person's results will vary.

There are unknown risks in any business, particularly with the Internet where advances and changes can happen quickly. The use of our information, products and services should be based on your own due diligence and you agree that we are not liable for your success or failure.

AFFILIATE DISCLAIMER

CBN may at times accept forms of cash advertising, sponsorship, paid insertions or other forms of affiliate compensation. The compensation received may or may not influence the advertising content, topics or information presented on this site. Paid content or advertising may not always be identified as paid or sponsored content. Not all content is written or presented for the sole purpose of receiving affiliate income. Clicking on links or purchasing products contained on this website may generate income for this website owner(s).

CBN does contain some content which may or may not present a conflict of interest. This content may not always be immediately identified due to the nature of posting methods. When possible every attempt will be made to identify advertising from general non-advertising content.

CBN may link to other locations via the Internet, and there is no endorsement, guarantee or warranty made or implied with respect to the content and information available at another site, and CBN does not monitor any linked sites or evaluate the propriety or correctness of any information available at a linked site.

If you need legal advice, please retain counsel.

GOVERNING LAW

This Agreement in all respects shall be governed by and construed according to the laws of the State of Iowa to the exclusion of any other applicable body of governing law, without regard to conflicts of laws principles.

JURISDICTION

This Agreement is entered into in Wapello County, Iowa. You consent to the exclusive jurisdiction of the state of Iowa and county of Wapello for any dispute arising from or related to this Agreement.

VENUE

You consent to and agree that the exclusive forum and venue for any dispute arising from or related to this Agreement will be a court located in Wapello county, Iowa.

ARBITRATION AGREEMENT

  • You and we agree that any and all disputes arising out of or related to this Agreement shall be decided by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association, which can be found at http://www.adr.org.

  • You represent and agree that you are purchasing our services or products for business purposes, and not for any consumer, personal, or household use, and that you are not deemed to be a 'consumer' and will not invoke arbitration rules applicable to consumers.

  • You agree that the arbitrator can enter a default judgment against you if you do not follow AAA rules, and that default judgment can be entered and enforced in any court of competent jurisdiction and in the courts of the State of Iowa.

SEVERABILITY

Should any term of this Agreement be declared void or unenforceable, that term shall be severed from the Agreement such declaration shall have no effect on the enforceability of the remaining terms.

ATTORNEY'S FEES

If we prevail in any claim then you agree to pay our attorney's fees.

NO WAIVER OF RIGHTS

Our failure to enforce any rights granted in this Agreement or to take action against any other party in the event of any breach shall not be deemed a waiver by us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

AGE RESTRICTION

You must be at least 18 years old to access this website or to purchase products or services from us. We do not direct this website to minors, nor do we knowingly collect any personal information from children under the age of thirteen.

COPYRIGHT DMCA NOTICE

Copyright Information

All products are copyrighted by us or licensed to us by its rightful owners or appropriate 3rd party. All rights reserved. Our information may not be copied in part or in full without our express written consent.

Notices for Copyright Violations

Our website and services may allow others to add files or content to our website or services. Links may also be added to websites that are controlled by others. This may be done automatically and without our review. It is our policy, to suspend or terminate the accounts of users who may intentionally or repeatedly infringe the copyrights of others. Whether we choose to do so is entirely within our discretion. If you believe that your material for which you own the copyright has been infringed upon or violated, please provide our Copyright Agent, in writing, with the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    Our agent for notice of claims of copyright infringement is:

PROHIBITED ACTS

  • You will not assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the content, or any part of it, or share your rights under this Agreement, to others, without our explicit written consent.

  • You will not give others access to your username and password.

  • You will not violate any laws, third party rights, or this Agreement. This includes, but is not limited to, not posting any material or content that is defamatory, harassing, belongs to someone else, is obscene or pornographic.

  • You will not provide false or misleading information to us.

MEMBERSHIP TERMS

Membership is personal to you and you will not assign, sublicense, transfer, pledge, sell, lease, rent, lend, or share your rights under this Agreement with others. You will not give others access to your username and password.

If you post information to the members area (including but not limited to text, images, graphics, sounds, etc.) for use or display, privately or publicly, you own your content. You are responsible for your words. However, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise all copyright, moral, and publicity rights in the content, in any manner whatsoever, in any media or form now known or which may be created in the future, including in other works and forms not associated with this website. If your membership terminates you are not entitled to demand removal of any content you have contributed.

Your approval to access this website terminates when your membership ends. We reserve the right to delete or require the modification of accounts created by users who appropriate the name, likeness, email address, or other personally identifiable information of another individual or company.

The appropriateness of all usernames, membernames, and access identifiers is at our sole discretion. We reserve the right to refuse membership, access, or continued access to the service, or any part of the service, to any user at any time for any reason and without explanation. If we take such action and it is unrelated to your breach of this agreement you will be provided a refund of your membership.

You may not create multiple usernames and accounts for the purpose of committing fraud, making misrepresentations, or to circumvent a prior membership termination. If your membership is terminated by us you are not authorized to apply for a new membership.

You will not use the membership area to harass or abuse other members. Individuals who have harassed others may be removed.

Nothing in the membership may be disclosed beyond its website. If you breach this agreement your membership may be terminated without notice.

CONSENT TO USE INFORMATION

When you communicate with us, send us information, or provide content to us or our website, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise all copyright and publicity rights you have in the content, in any manner whatsoever, in any media now known or which may be created in the future, including in other works and forms not associated with this website.

RESELL RIGHTS INFORMATION

We may offer products with what are known as "resell rights." There are two types of resell rights that can accompany different products: Basic Resell Rights and Master Resell Rights. By accessing this website, related sites where products with resell rights can be downloaded, or purchasing our products, you agree to adhere to the resell rights associated with each product you sell.

Basic Resell Rights

With Basic Resell Rights you have the right to sell the product to others and keep 100 percent of the profits. You do not need to pay royalties per sale. The persons to whom you sell the product do not have the right to sell the product to others and it is for their own personal use only.

Basic Resell Rights are your default rights if you are unsure of what rights come with a product. If you see a product of ours listed as having 'Resell Rights' that is the same as having Basic Resell Rights. Please read and abide by the accompanying license for what you can and cannot do. If no rights are explicitly listed or there is no accompanying license that means it is for your own personal use only and you have no rights to give it away or resell it.

Master Resell Rights

With Master Resell Rights you have the right to sell the product to others and keep 100 percent of the profits. You do not need to pay royalties per sale. Additionally, you can sell the Basic Resell Rights to others so that person to whom you sell the product have the right to also sell the product to others.

You only have Master Resell Rights if you see the word 'master' associated with your rights. Please read and abide by the accompanying license for what you can and cannot do.

Private Label Content

Private Label Content is copyrighted, but licensed to you to call as your own content on your own websites. Private Label Content does not come with Basic or Master Resell Rights unless explicitly stated otherwise. Please read and abide by the accompanying license for what you can and cannot do.

Additionally, you cannot submit Private Label Content to article directories or other resources where the Private Label Content could be used by persons who are not members of this website.

PERMISSIBLE CHANGES TO CONTRACT TERMS

This Agreement contains the complete and entire understanding and agreement between you and us and supersedes any previous communications, representations, or agreements, verbal or written, related to the subject matter of this Agreement.

This Agreement may not be modified or amended orally, impliedly, or in any manner not set forth in writing or permitted by this Agreement.

This Agreement may be amended by us at any time and without notice, but only by amending this Agreement as posted on this website, unless otherwise agreed to in a writing signed by both of us.

Any amendments will become effective 30 days after being posted on the website, unless circumstances require that a change be immediately implemented. As a condition for this Agreement you agree to periodically check this Agreement posted at this page. You agree that your continued use of our product or service after that date will constitute your consent and acceptance of the amendment.

Date of this Agreement: August 10, 2014