Terms and Conditions
Terms and Conditions for InsideeBiz.com and its parent company, eBiz Ally™
Last Update: January 7, 2015
Acceptance of Terms and Conditions
Inside eBiz is a property of eBiz Ally™. By using InsideeBiz.com (the "Site" or "Service") or any services offered in connection with the Site, you agree to abide by the Terms and Conditions listed herein. You may also be subject to additional terms and conditions upon the purchase of certain Inside eBiz products and services, affiliate products and services, third-party content, or third-party software. You must not use this Site if you disagree with any of these terms and conditions. To use this site, you must be at least 18 years of age.
Inside eBiz has the sole discretion to make amendments to these Terms and Conditions as desired. Inside eBiz may provide you with notice regarding changes to these Terms and Conditions, by email or through postings on the site. Revised terms and conditions apply to the use of the site from the date of publication.
Inside eBiz must not be used in any way that might cause damage to the site or impair its accessibility, in any way which might be unlawful, fraudulent or harmful to the site or its users. This includes the copying, storing, transmission or distribution of any materials that are, or are linked to, spyware, computer viruses, and any other malicious computer software.
Any systematic or automated data collection activities, including without limitation, such activities as scraping, data harvesting, and data extraction on this site is prohibited without Inside eBiz's express written consent. It is also prohibited to use the site for the transmission or sending of unsolicited commercial communications without our express written consent.
These Terms shall be construed in accordance with and governed by the laws of the United States and the State of Indiana, without regard to any principles of conflicts of law. You consent that all disputes arising out of or related to the use of the site shall go to the exclusive jurisdiction of the state or federal courts in South Bend, Indiana.
If any part of these Terms and Conditions are found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties intentions as reflected in these Terms and Conditions, and the other provisions of this document remain in full effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of InsideeBiz.com or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
InsideeBiz.com is copyrighted by eBiz Ally. Outside of the stipulations, no part of its original content may be copied, changed, sold, or used in any way without express permission from eBiz Ally.
All content at InsideeBiz.com are: Copyright © 2014 David B. Coleman and 2014 eBiz Ally, 115 N. William St., South Bend, IN 46601. All rights reserved.
When using the Site or Service, you agree to obey the law and to respect the intellectual property rights of Inside eBiz and/or our affiliates or licensors, including copyright ownership and use of intellectual property. You agree not to copy, distribute, modify, republish, post, upload, sell, create derivative works, transmit, nor display any information or content in violation of said parties copyrights, trademarks, or other intellectual property or proprietary rights, without prior written consent. The burden of proving that such content does not violate any laws or rights rests solely with you. You may not copy or use any trademarks or logos owned by Inside eBiz or eBiz Ally, or its licensors, in any manner.
Original content from Inside eBiz may be downloaded or printed for personal, noncommercial purposes. In such instances, all copyright and other proprietary notices and attributions should be intact, such as:
Copyright 2014, David B. Coleman. All rights reserved. Originally published at www.InsideeBiz.com.
If you have are interested in using original content appearing on InsideeBiz.com, please contact us through our Contact page.
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 US Copyright Law. If you believe in good faith that materials hosted by Inside eBiz infringer copyright, you or your agent may send Inside eBiz a notice requesting that the material be removed or access to it be blocked. Failing to comply with the requirements of the DMCA shall be considered insufficient notice and shall not be deemed to confer upon Inside eBiz actual knowledge of facts or circumstances from which infringing material or acts are evident. Also, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Inside eBiz a counter-notice. All notices and counter notices must meet the current statutory requirements imposed by the DMCA — go to http://www.loc.gov/copyright for details. For claims of copyright infringement or counter notices, Inside eBiz can be reached through our Contact page.
Any software downloaded from the Site is licensed by Inside eBiz for noncommercial use only, and does not include the transfer of the title or intellectual property rights of the software. You may not sell, redistribute, or reproduce the software. Any unauthorized reproduction, publication, distribution, of any materials provided by Inside eBiz, in whole or in part, is strictly prohibited without prior written consent.
Registration and Passwords
You may be asked to provide certain demographic information to access certain features of the site. Such registration may require you to provide personally identifiable information such as your name and email address. You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the site's registration form. If we have reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the site, or any portion thereof.
Certain features of the site will require a username and password, acquired through the registration process. It is your responsibility to maintain the confidentiality of such information. You are responsible for all activities that occur under your password or account, whether those activities are by you or by others. You agree to notify us immediately of any unauthorized use of your password or account. Inside eBiz will not be liable for any loss or damage arising from exposure of your password or account information.
User content (including without limitation, text, images, audio and video) refers to material submitted by users of the site to the site. This includes areas such as blog comments, forums, chat rooms, and email services, which allow user feedback and interaction. Responsibility for what is posted in these areas lies solely with each user. You agree not to upload, download, display, transmit, or otherwise distribute any content that is libelous, defamatory, obscene, abusive, threatening, encouraging of criminal conduct or civil liability, or advertises or otherwise solicits funds, or is a solicitation for goods and services. Inside eBiz expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any content made or displayed by third parties. Nor is Inside eBiz responsible for any errors or omissions, or for hyperlinks from such content. Under no circumstances will Inside eBiz, or our affiliates and partners be liable for any loss or damages caused by your reliance on such information. You acknowledge, consent, and agree that Inside eBiz may access, preserve and disclose your account information and content in order to satisfy any applicable law, regulation, legal process, or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
You grant to Inside eBiz and anyone we authorize, a royalty-free, perpetual, irrevocable, non-exclusive unrestricted worldwide license to use, copy, transmit, modify, sell, create derivative works from, edit, translate, reformat, reproduce, publish, and distribute such materials posted to this site, in any manner or medium for any purpose. This includes the right to exploit any proprietary rights in such postings or submissions, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Unless otherwise stated, you will not be compensated for any user content, and agree that Inside eBiz, and anyone authorized by us, may publish or disclose your name, email address, or screen name in connection with the content. By posting user content on this site, you warrant and represent that you are the rightful owner of the content or are authorized to post and distribute such content.
Your 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 definition of a work made for hire in Section 101 of the United States Copyright Law. As such, the copyrights in those works shall belong to Inside eBiz from their creation, and Inside eBiz 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.
Violations and Termination
Any user that fails to comply with these Terms and Conditions may be refused access to any area of the site, and any materials posted on this site, whether from users or Inside eBiz, may be removed or edited at any time, for any reason.
Inside eBiz, in its sole discretion and without prior notice, may cancel or terminate your account and your right to use this site or access its materials at any time. Denial of access to the site may include, but are not limited to: breaches or violations of the Terms and Conditions or other incorporated agreements or guidelines, requests by law enforcement or government agencies, self-initiated account deletions, discontinuance or material modification to site materials, unexpected technical or security issues or problems, extended periods of inactivity, complaints or allegations of abuse, infringement of third party rights, engagement by you in fraudulent or illegal activities, unauthorized uses of the site or its materials, provision of false or misleading information, and/or nonpayment of any fees owed by you in connection with the site.
Account termination includes deletion of all your password and related files and information, removal of your access to all offerings from Inside eBiz, and any other content associated with or inside your account. You agree that Inside eBiz shall not be liable to you or any third-party for any such termination of your account, any associated email address, or access to the site.
Please report any violations of these Terms and Conditions to our Contact page.
Links and Third-Party Sites
Inside eBiz provides links to Internet sites maintained by third parties, including affiliate sites and partners. Such links do not imply an endorsement or sponsorship of the sites, the information they contain, nor their products and services. Inside eBiz does not in any way control the information these third-party sites may provide. You acknowledge and agree that Inside eBiz is not responsible for third-party site availability, nor are we liable for any content, advertising, damages, loss, payment and delivery, or other materials on such third-party sites. Any terms, conditions, representations or warranties associated with such dealings are solely you and the third-party.
If you purchase from a merchant on Inside eBiz or on a site linked to by Inside eBiz, any information you give to the merchant may be collected by both the merchant and Inside eBiz. We have no responsibility or liability for any third-party policies such as privacy and data collection practices. Products or services purchased on or through Inside eBiz may be subject to additional terms and conditions specific to that product or service. It is your responsibility to be aware of the policies, terms and conditions applicable to any third party merchant site you visit.
Your correspondence, business dealings, or promotion participation with advertisers found on or through this site is solely between you and such advertiser. This includes payment and delivery of related goods or services, any other terms and conditions, warranties, or representations associated with such dealings. You agree that Inside eBiz shall not be liable for any loss or damage as a result of such dealings with said advertisers.
You expressly understand and agree that your use of Inside eBiz is at your sole risk and that Inside eBiz hereby disclaims all warranties. Inside eBiz is provided "as is" and without any representations or warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. Inside eBiz and its partner sites do not warrant results or user expectations from the use of this site nor its materials —including products and services. We also do not warrant that this site will be available, secure, error-free, free from defects, that the site will meet your requirements, or that the information it contains is complete and accurate. Inside eBiz cannot warrant that the site is free of viruses or other possible harmful components. Any materials downloaded or otherwise obtained from Inside eBiz is done so at your own discretion and risk. Any damage to your computer system that may result from the download of such material will be your sole responsibility. Inside eBiz reserves the right at any time to modify or discontinue, temporarily or permanently, this site (or any part thereof) with or without notice. You agree that Inside eBiz shall not be liable to you or to any third-party for any modification, suspension, or discontinuation of this site for any reason.
Limitation of Liability
You expressly understand and agree that Inside eBiz shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of your access to, or use of the site. You specifically acknowledge and agree that Inside eBiz is not liable for any defamatory, offensive or illegal conduct of any user. Inside eBiz's liability to you is limited to the maximum extent permitted by law, and in no event shall Inside eBiz be liable for damages of any kind arising out of or in connection with your use of this site or any other materials or services provided to you by Inside eBiz, including lost revenue, income, profits, savings, goodwill, business relationships, or lost data, regardless of the foreseeability of those damages. You agree that you will not bring any claims personally against Inside eBiz, its officers and employees, subcontractors and partners in respect of any losses suffered in connection with this site. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. By using this site, you agree that the limitations of liability set forth are reasonable. If you are dissatisfied with the site, any materials, products or services on the site, or with any of the site's terms and conditions, your sole and exclusive remedy is to discontinue using the site and the products, services and/or materials.
You agree to indemnify, defend, and hold Inside eBiz, its affiliates and partners, harmless from any and all third-party claims, losses, liability, damages, and/or costs including reasonable attorneys fees, arising from your use of this site, any content you submit, transmit, or otherwise make available, and any violation of these Terms and Conditions, or your violation of any rights of another.
Purchase of Products and Services
You agree to be responsible for all purchases from Inside eBiz, made by you or someone acting on your behalf. You agree that such purchases will be made for legitimate, noncommercial use only. When purchasing for a third-party that requires you to submit their personal information to either us or another merchant, you represent that you have the express consent of such third-party to provide their personal information.
All orders for Inside eBiz products and services must be placed via credit card or PayPal. At this time, Inside eBiz does not accept personal checks for such payments.
Inside eBiz reserves the right to restrict access to any area of the site. Any confidential information that is given out by Inside eBiz for purposes of access to restricted areas of the site must be kept confidential. Inside eBiz may disable access to any user of the site for any reason without prior notice or explanation.
To request a refund on any product or service purchased directly from Inside eBiz, please contact us through our Contact page.
You have THIRTY (30) days from the date of the original purchase to return the product for a refund. Refund requests received after THIRTY (30) days will not be processed.
After a valid refund request is submitted, the refund will be processed to the original credit card or PayPal order.
Any individual customer may reorder the same product more than once, however, any refunds will only be processed for the first order of that product.
Inside eBiz and eBiz Ally cannot refund orders through third-party merchants, including purchases through affiliate links. Third-party merchants have their own refund policies.
For any questions or inquiries regarding these Terms and Conditions or any products and services, please contact us through our Contact page.
115 N. William St.,
South Bend, IN 46601, USA