Kebizo, LLC. - TERMS OF USE AGREEMENT
Effective Date: This Terms of Use Agreement was last updated on September 25, 2008.
Please read this Terms of Use Agreement before accessing website.
This Terms of Use Agreement
sets forth the standards of use of the Kebizo, LLC. Online Service.
By using the Kebizo.com website you (the “Member”) agree to these
terms and conditions. If you do not agree to the terms and conditions
of this agreement, you should immediately cease all usage of this website.
We reserve the right, at any time, to modify, alter, or update the terms
and conditions of this agreement without prior notice. Modifications
shall become effective immediately upon being posted at the Kebizo.com
website. Your continued use of the Service after amendments are
posted constitutes an acknowledgement and acceptance of the Agreement
and its modifications. Except as provided in this paragraph, this Agreement
may not be amended.
Kebizo, LLC. is providing
Member with consulting and/or software development services. Member
must provide (1) all equipment necessary for their own Internet connection,
including computer and modem and (2) provide for Member’s access to
the Internet, and (3) pay any fees relate with such connection.
The site is provided by Kebizo,
LLC. on an “as is” and on an “as available” basis.
To the fullest extent permitted by applicable law, Kebizo, LLC.
makes no representations or warranties of any kind, express or implied,
regarding the use or the results of this web site in terms of its correctness,
accuracy, reliability, or otherwise. Kebizo, LLC. shall have
no liability for any interruptions in the use of this Website.
Kebizo, LLC. disclaims all warranties with regard to the information
provided, including the implied warranties of merchantability and fitness
for a particular purpose, and non-infringement. Some jurisdictions
do not allow the exclusion of implied warranties, therefore the above-referenced
exclusion is inapplicable.
Kebizo, LLC. SHALL NOT
be liable for any damages whatsoever, and in particular
Kebizo, LLC. shall not be liable for any special, indirect, consequential,
or incidental damages, or damages for lost profits, loss of revenue,
or loss of use, arising out of or related to this web site or the information
contained in it, whether such damages arise in contract, negligence,
tort, under statute, in equity, at law, or otherwise, even if
Kebizo, LLC. has been advised of the possibility of such damages. SOME
JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE
LIMITATIONS IS INAPPLICABLE.
Member agrees to indemnify
and hold Kebizo, LLC. , its parents, subsidiaries, affiliates, officers
and employees, harmless from any claim or demand, including reasonable
attorneys’ fees and costs, made by any third party due to or arising
out of Member’s use of the Service, the violation of this Agreement,
or infringement by Member, or other user of the Service using Member’s
computer, of any intellectual property or any other right of any person
or entity.
Kebizo, LLC. reserves
the right to modify or discontinue the Service with or without notice
to the Member. Kebizo, LLC. shall not be liable to Member or any
third party should Kebizo, LLC. exercise its right to modify or
discontinue the Service. Member acknowledges and accepts that Kebizo,
LLC. does not guarantee continuous, uninterrupted or secure access
to our website and operation of our website may be interfered with or
adversely affected by numerous factors or circumstances outside of our
control.
Our website may include links
to other sites on the Internet that are owned and operated by online
merchants and other third parties. You acknowledge that we are
not responsible for the availability of, or the content located on or
through, any third-party site. You should contact the site administrator
or webmaster for those third-party sites if you have any concerns regarding
such links or the content located on such sites. Your use of those
third-party sites is subject to the terms of use and privacy policies
of each site, and we are not responsible therein. We encourage all Members
to review said privacy policies of third-parties’ sites.
Product specifications and
other information have either been provided by the Vendors or collected
from publicly available sources. While Kebizo, LLC. makes
every effort to ensure that the information on this website is accurate,
we can make no representations or warranties as to the accuracy or reliability
of any information provided on this website.
Kebizo, LLC. makes no
warranties or representations whatsoever with regard to any product
provided or offered by any Vendor, and you acknowledge that any reliance
on representations and warranties provided by any Vendor shall be at
your own risk.
Our website is operated and
provided in the State of California. As such, we are subject to
the laws of the State of California, and such laws will govern this
Terms of Use, without giving effect to any choice of law rules.
We make no representation that our website or other services are appropriate,
legal or available for use in other locations. Accordingly, if
you choose to access our site you agree to do so subject to the internal
laws of the State of California.
Member assumes all knowledge
of applicable law and is responsible for compliance with any such laws.
Member may not use the Service in any way that violates applicable state,
federal, or international laws, regulations or other government requirements.
Member further agrees not to transmit any material that encourages conduct
that could constitute a criminal offense, give rise to civil liability
or otherwise violate any applicable local, state, national, or international
law or regulation.
All content included or available
on this site, including site design, text, graphics, interfaces, and
the selection and arrangements thereof is ©2006 Kebizo, LLC., with all
rights reserved, or is the property of Kebizo, LLC. and/or third
parties protected by intellectual property rights. Any use of
materials on the website, including reproduction for purposes other
than those noted above, modification, distribution, or replication,
any form of data extraction or data mining, or other commercial exploitation
of any kind, without prior written permission of an authorized officer
of Kebizo, LLC. is strictly prohibited. Members agree that
they will not use any robot, spider, or other automatic device, or manual
process to monitor or copy our web pages or the content contained therein
without prior written permission of an authorized officer of Kebizo,
LLC.
Kebizo, LLC.™ and Kebizo.com™
are proprietary marks of Kebizo, LLC. Kebizo, LLC.’s trademarks
may not be used in connection with any product or service that is not
provided by Kebizo, LLC., in any manner that is likely to cause confusion
among customers, or in any manner that disparages or discredits Kebizo,
LLC.
All other trademarks displayed
on Kebizo, LLC.’s website are the trademarks of their respective owners,
and constitute neither an endorsement nor a recommendation of those
Vendors. In addition, such use of trademarks or links to the web
sites of Vendors is not intended to imply, directly or indirectly, that
those Vendors endorse or have any affiliation with Kebizo, LLC.
Pursuant to Section 512(c)
of the Copyright Revision Act, as enacted through the Digital Millennium
Copyright Act, Kebizo, LLC. designates the following individual as its
agent for receipt of notifications of claimed copyright infringement.
By Mail
Rocky Noble
8350 Willshire Blvd., Suite 200
Beverly Hills, CA 90211-2348
By Email: info@kebizo.com
Kebizo, LLC. retains the
right, at our sole discretion, to terminate any accounts involved with
botnets and related activities. If any hostnames are used as command
and control points for botnets, Kebizo, LLC. reserves the right
to direct the involved hostnames to a honeypot, loopback address, logging
facility, or any other destination at our discretion.
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Kebizo, LLC. in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
Kebizo, LLC - PRIVACY STATEMENT
This document was last updated on September 25, 2008
1. Acknowledgement and acceptance of terms
Kebizo, LLC. is committed to
protecting your privacy. This Privacy Statement sets forth our current
privacy practices with regard to the information we collect when you
or your computer interact with our website. By accessing
http://www.Kebizo.com, you acknowledge and fully understand Kebizo, LLC.
’s Privacy Statement and freely consent to the information collection
and use practices described in this Website Privacy Statement.
2.
Participating Merchant Policies
Related services and offerings
with links from this website, including vendor sites, have their own
privacy statements that can be viewed by clicking on the corresponding
links within each respective website. Online merchants and others who
participate in Kebizo, LLC. services are encouraged to participate in
industry privacy initiatives and to take a responsible attitude towards
consumer privacy. However, since we do not have direct control
over the policies or practices of participating merchants and other
third parties, we are not responsible for the privacy practices or contents
of those sites. We recommend and encourage that you always review
the privacy policies of merchants and other third parties before you
provide any personal information or complete any transaction with such
parties.
3. Information We Collect and How We Use It
Kebizo, LLC. collects certain information from and about its users three ways: directly from our Web Server logs, the user, and with Cookies.
When you visit our Website, we may track information to administer the site and analyze its usage. Examples of information we may track include:
b. Use
of Cookies
Kebizo, LLC. may use cookies
to personalize or enhance your user experience. A cookie is a
small text file that is placed on your hard disk by a Web page server.
Cookies cannot be used to run programs or deliver viruses to your computer.
Cookies are uniquely assigned to you, and can only be read by a Web
Server in the domain that issued the cookie to you.
One of the primary purposes
of cookies is to provide a convenience feature to save you time.
For example, if you personalize a web page, or navigate within a site,
a cookie helps the site to recall your specific information on subsequent
visits. Hence, this simplifies the process of delivering relevant
content and eases site navigation by providing and saving your preferences
and login information as well as providing personalized functionality.
Kebizo, LLC. reserves the right
to share aggregated site statistics with partner companies, but does
not allow other companies to place cookies on our website unless there
is a temporary, overriding customer value (such as merging into Kebizo.com
a site that relies on third-party cookies).
You have the ability to accept
or decline cookies. Most Web browsers automatically accept cookies,
but you can usually modify your browser setting to decline cookies.
If you reject cookies by changing your browser settings then be aware
that this may disable some of the functionality on our Website.
Visitors to our website can
register to purchase services. When you register, we will request
some personal information such as name, address, email, telephone number
or facsimile number, account number and other relevant information.
If you are purchasing a service, we will request financial information.
Any financial information we collect is used only to bill you for the
services you purchased. If you purchase by credit card, this information
may be forwarded to your credit card provider. For other types of registrations,
we will ask for the relevant information. You may also be asked to disclose
personal information to us so that we can provide assistance and information
to you. For example, such data may be warranted in order to provide
online technical support and troubleshooting.
We will not disclose personally
identifiable information we collect from you to third parties without
your permission except to the extent necessary including:
4. Use of Web Beacons or GIF files
Kebizo, LLC. Web pages
may contain electronic images known as Web beacons – sometimes also
called single-pixel gifs – that allow Kebizo, LLC. to count users who
have visited those pages and to deliver co-branded services. Kebizo,
LLC. may include Web beacons in promotional e-mail messages or newsletters
in order to determine whether messages have been opened and acted upon.
Some of these Web beacons may
be placed by third party service providers to help determine the effectiveness
of our advertising campaigns or email communications. These Web
beacons may be used by these service providers to place a persistent
cookie on your computer. This allows the service provider to recognize
your computer each time you visit certain pages or emails and compile
anonymous information in relation to those page views, which in turn
enables us and our service providers to learn which advertisements and
emails bring you to our website and how you use the site. Kebizo,
LLC. prohibits Web beacons from being used to collect or access your
personal information.
5. Accessing Web Account Information
We will provide you with the
means to ensure that personally identifiable information in your web
account file is correct and current. You may review this information
by contacting us by sending an email to our support attendant – info@Kebizo.com
8. Changes to this Statement
Kebizo, LLC. has the discretion
to occasionally update this privacy statement. When we do, we
will also revise the “updated” date at the top of this Privacy page.
We encourage you to periodically review this privacy statement to stay
informed about how we are helping to protect the personal information
we collect. Your continued use of the service constitutes your
agreement to this privacy statement and any updates.
7. Contacting Us
If you have questions regarding
our Privacy Statement, its implementation, failure to adhere to this
Privacy Statement and/or our general practices, please contact us at
info@Kebizo.com or send your comments to:
Kebizo, LLC.
Attention: Privacy Statement Personal
8350 Willshire Blvd., Suite 200
Beverly Hills, CA 90211-2348
Kebizo, LLC. will use commercially reasonable efforts to promptly respond and resolve any problem or question.
