TERMS & CONDITIONS
Theultimatebusinessmakeover.com / makeovermybusiness.net
TERMS OF CONDITIONS
IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY USING THIS SITE, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. If you disagree with any of the terms that follow, or do not agree to be bound by all such terms, do not use this site.
1. RESTRICTION ON USE
By accessing and using this site (the "Site") you accept without limitations or qualifications these terms of use. The Ultimate Business Makeover ( “ubMO”, "we" or "us") reserves the right in its sole discretion to modify, alter or otherwise update these Terms of Use and you agree to be bound by such modifications, alterations or updates. We will post changes here and you agree to review these Terms of Use on a periodic basis. Your continued use of the Site after the posting of any change in the Terms of Use shall constitute your acceptance to be bound by any such changes.
The Site contains material which is derived in whole or in part from material supplied by The Ultimate Business Makeover and other sources, and is protected by
In addition, you agree not to insert any code or product or manipulate the Material in any way that affects any user’s experience, and not to use any data mining, robots, cancelbots, Trojan horse, or any data gathering or extraction method in connection with your use of the Site. You agree not to disrupt, interfere with, or otherwise harm or violate the security of the Site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Site or affiliated or linked web sites.
You are advised that The Ultimate Business Makeover will aggressively enforce its rights to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution against you.
2. SUBMISSIONS/COMMUNICATIONS
The Ultimate Business Makeover has a company policy that does not allow The Ultimate Business Makeover to accept or consider creative ideas, suggestions or materials other than those The Ultimate Business Makeover has specifically requested. It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by The Ultimate Business Makeover’s staff might seem to others to be similar to their own creative ideas, suggestions or materials.
If at The Ultimate Business Makeover 's request, you send a submission (for example, in the context of contests or sweepstakes), or despite The Ultimate Business Makeover s, drawings, concepts or other information or if you transmit to the Site by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of The Ultimate Business Makeover. Subject only to our Privacy Policy, none of the Information shall be subject to any obligation of confidence on the part of The Ultimate Business Makeover and The Ultimate Business Makeover shall not be liable for any use or disclosure of any Information and The Ultimate Business Makeover shall exclusively own in perpetuity, throughout the universe, any now known or hereafter existing rights to the Information of every kind and nature and shall be entitled without restriction to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute or incorporate the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information. In addition, you warrant that all so-called moral rights in and to any Information are waived.
By submitting materials to the Site or The Ultimate Business Makeover, you represent that such materials are accurate and original with you and do not violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity and/or privacy.
You should be aware that e-mail submissions over the Internet may not be secure, and you should consider this before e-mailing The Ultimate Business Makeover any personal or confidential information.
3. DISCLAIMERS AND LIMITATIONS ON LIABILITY
Your use and browsing of the Site is at your own risk. If you are dissatisfied with the Site, any of the Materials contained in and/or on the Site, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Site.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE SITE OR ITS RELATED INFORMATION OR PROGRAMS, SHALL THE ULTIMATE BUSINESS MAKEOVER, AFFILIATED COMPANIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, OR ANY OTHER PARTY INVOLVED IN CREATING OR PRODUCING, OR DELIVERING THIS SITE BE LIABLE FOR ANY SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, USE OF OR INABILITY TO USE, THE SITE. THE ULTIMATE BUISNESS MAKEOVER IS NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES TO, OR INFECTIONS, BUGS, VIRUSES, TAMPERING, UNAUTHORIZED INTERVENTION OR CONTAMINATION OF YOUR SYSTEM, COMPUTER, EQUIPMENT, OR OTHER PROPERTY, OR DELAYS, INACCURACIES, ERRORS, OMISSIONS, FRAUD, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION ARISING OUT OF YOUR USE OF THE SITE OR WITH RESPECT TO THE MATERIAL CONTAINED ON THE SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY THE ULTIMATE BUSINESS MAKEOVER OR ANYONE ELSE.
THE SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED "AS IS" WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OPERATION, COMPLETENESS, CORRECTNESS AND VALIDITY OF THE SITE AND/OR ANY MATERIAL RESTS WITH YOU.
Additionally, the Site contains Material which is for entertainment purposes only and is not a depiction of fact, and shall not be considered factual by you. Other than for entertainment purposes, you acknowledge and agree not to rely on such Material. The Site may also contain facts, opinions, views, statements and recommendations of third party individuals or organizations. The Site does not represent or endorse the accuracy or reliability of any facts, opinions, views, statements and/or recommendation or other information displayed, uploaded or distributed through the Site. You acknowledge that The Ultimate Business Makeover does not give tax, legal or investment advice or advocate the purchase or sale of any security or investment.
The Ultimate Business Makeover cannot ensure that you will be satisfied with any products or services that may be advertised on the Site or that you may purchase from a third-party site that may be on, or links to or from the Site, since such merchandise may be owned and operated by independent retailers. The Ultimate Business Makeover does not endorse any of the merchandise, nor has The Ultimate Business Makeover taken any steps to confirm the accuracy or reliability of, any of the information contained in such advertisements or third-party sites. The Ultimate Business Makeover does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against The Ultimate Business Makeover, affiliated companies, affiliates and their respective directors, officers, employees and agents with respect to such sites. The Ultimate Business Makeover strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
4. INDEMNIFICATION
BY USING THE SITE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE ULTIMATE BUSINESS MAKEOVER, AFFILIATED COMPANIES, AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS OR ALLEGED CLAIMS, ACTIONS OR ALLEGED ACTIONS, SUITS OR PROCEEDINGS, AS WELL AS ANY AND ALL LOSSES, LIABILITIES, DAMAGES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR ACCRUING FROM (A) ANY MATERIALS POSTED OR OTHERWISE PROVIDED BY YOU THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY PERSON OR DEFAMES ANY PERSON OR VIOLATES THEIR RIGHTS OF PUBLICITY OR PRIVACY, (B) ANY MISREPRESENTATION MADE BY YOU IN CONNECTION WITH YOUR USE OF THE SITE OR RELIANCE BY YOU ON ANY MATERIALS CONTAINED ON THE SITE; (C) ANY NON-COMPLIANCE BY YOU OF THE TERMS OF USE; (D) THE ULTIMATE BUSINESS MAKEOVER’S USE OF ANY INFORMATION YOU PROVIDE; (E) ANY BREACH OF YOUR RESPONSIBILITIES IN RELATION TO YOUR ACCOUNT AND PASSWORD, IF ANY, INCLUDING, WITHOUT LIMITATION, ANY BREACH OF CONFIDENTIALITY; AND (F) CLAIMS BROUGHT BY PERSONS OR ENTITIES OTHER THAN THE PARTIES TO THIS AGREEMENT ARISING FROM OR RELATED TO YOUR ACCESS AND USE OF THE SITE, INCLUDING THE INFORMATION OR MATERIALS OBTAINED THROUGH THE SITE.
5. LINKING POLICY & LINKED SITES
The Material in and on the Site contains intellectual property that is protected from unauthorized use, copying and dissemination by copyright, trademark and other laws. If you link to the Site, we require that you follow these guidelines. The link to this Site must not damage, dilute or tarnish the goodwill associated with any The Ultimate Business Makeover names and/or intellectual property, nor may the link create the false appearance that your web site and/or organization is sponsored, endorsed by, affiliated and/or associated with The Ultimate Business Makeover and/or the Site. You agree that you will not link to the Site from any online source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, which is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate. If you do link to the Site, you may link only to the home page, and not to any other page or sub domain of the Site. Under no circumstances may you "frame" the Site or alter its intellectual property or Material in any way. The Ultimate Business Makeover reserves the right, in its sole discretion, to terminate a link with any web site that it deems inappropriate or inconsistent with the Site and/or these Terms of Use.
In addition, please note that The Ultimate Business Makeover is not necessarily affiliated with web sites which may be linked to the Site and is not responsible for their content. The Linked Sites are for your convenience only and you access them at your own risk. Users are requested to inform The Ultimate Business Makeover of any errors or inappropriate material found on such Linked Sites.
6. TERMINATION
These Terms of Use are effective until terminated by either party. You may terminate these Terms of Use at any time by destroying all Materials obtained from the Site and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise, and by not accessing the Site at any time in the future. Should you access the Site in the future, you will be subject to, and agree to be subject to, the then current Terms of Use.
The Ultimate Business Makeover reserves the right to modify or discontinue this Site, or any portion thereof without notice to you or any third party. Upon termination or demand by The Ultimate Business Makeover, you must destroy all Materials obtained from this Site and all copies thereof, whether made under the terms of this agreement or otherwise.
In the event of any termination, the restrictions imposed on you with respect to Materials downloaded from the Forums and all disclaimers, representations and warranties, indemnifications and all provisions regarding intellectual property, submissions and communications, termination, governing law and limitations of liabilities set forth in this agreement shall survive.
7. REGISTRATION
Certain areas and/or services offered via the Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain content or features or participate in various areas and/or services offered via the Site. You may also provide information to the Site in other contexts, including, for example, in order to enter a sweepstakes, contest or promotion. Please note that sweepstakes, contests or promotions offered via the Site may be governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain ages or geographic areas. It is your responsibility to read such rules to determine whether or not your participation, registration and/or entry is valid. When you register or otherwise provide information to the Site, you agree to provide only true, accurate, current and complete information on all registration pages.
If you register with the Site or any portion thereof otherwise choose to become a member of the Site, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the password protected portion of the Site using your name in whole or in part. The Site reserves the right to terminate your access to the Site to any person who violates these Terms of Use.
8. CONTACT US
For questions or comments regarding these Terms of Use and/or the Site please contact:
These Terms of Use were last updated on September 7th, 2004.
TM & Copyright © 2004 by The Ultimate Business Makeover. All Rights Reserved.