TERMS OF USE

Terms and Conditions of Use of Website

Thank you for visiting 5050BIZ, LLC’s (“5050BIZ” or “we” or “us”) internet website at www.5050biz.com. Use of this 5050BIZ Site (as such term is fully defined below) is conditioned on acceptance, without modification, of the following Terms and Conditions of Use (this “Agreement”) by You as a user of this 5050BIZ Site (“You” or “User”).

CONTINUING PAST THE HOME PAGE OF THIS 5050BIZ SITE (AS SUCH TERMS ARE DEFINED BELOW) CONSTITUTES YOUR AGREEMENT AND ASSENT TO THIS AGREEMENT AND ALL TERMS AND CONDITIONS HEREIN. NO CHANGES (ADDITIONS OR DELETIONS) WILL BE ACCEPTED BY 5050BIZ. THIS AGREEMENT IS EFFECTIVE AS OF THE DATE YOU GAIN ACCESS TO THIS 5050BIZ SITE (THE “EFFECTIVE DATE”). IF YOU DO NOT AGREE TO AND ACCEPT THIS AGREEMENT, YOU MUST LEAVE THIS 5050BIZ SITE IMMEDIATELY. YOU SHOULD DOWNLOAD AND PRINT THIS AGREEMENT FOR YOUR RECORDS.

By visiting this 5050BIZ Site, You agree to the following:

  1. Definitions. In addition to other defined terms in this Agreement, the following terms shall have the following meanings:

    1.1.   “5050BIZ Home Page” means the 5050BIZ web page that is the first web page a user sees when accessing the 5050BIZ Site, which are the group of web pages owned or otherwise operated by 5050BIZ with the domain name of www.5050biz.com.

    1.2.   “5050BIZ Server” means the computer software and/or hardware that serves the 5050BIZ Site to users across the Internet, and which hosts the pages, scripts, programs, and multimedia files and serves them using a protocol designed to send files to users.

    1.3.   “5050BIZ Site” or “Site” means 5050BIZ’s internet website at www.5050biz.com and any internal blogs, bulletin boards, chat rooms, and similar forums which are under the sole control of, and are solely owned by, 5050BIZ.

    1.4.   “Third Party Site” means any and all internet websites, blogs, bulletin boards, chat rooms, instant messaging, interactive areas, and similar forums that are not owned by 5050BIZ and are not under 5050BIZ’s control, but may be accessible via or through the 5050BIZ Site.

  2. Access; Conditions to Use of the Site.

    2.1.   Subject to all of the terms and conditions of this Agreement, we hereby grant to You a non-exclusive, revocable, and limited right to access and use this Site in strict compliance with this Agreement (the “Access Right”). We reserve the right to suspend or revoke this Access Right at our sole discretion without notice. Notwithstanding the foregoing Access Right, 5050BIZ also has the right to change, suspend, or discontinue any (or all) aspects of the Site at any time, and from time to time, including the availability of any content or features on the Site. The Access Right (and all other rights, if any) granted to User pursuant to this Agreement will immediately terminate upon the expiration, cancellation or termination of this Agreement for any reason.

    2.2.   The User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access the Site, including, without limitation, modems, hardware, software, ISP providers, and any other telecommunication services.

    2.2.   As a condition of Your use of the 5050BIZ Site, You covenant to 5050BIZ that You will not use this Site for any unlawful purpose or for any purpose that is prohibited by this Agreement. You may not use this Site in any manner that could damage, disable, overburden, or impair the 5050BIZ Site and any 5050BIZ Servers, or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the 5050BIZ Site.

    2.3.   Without limiting the generality of the foregoing, You agree to all of the following provisions: (a) You will not upload to, distribute or otherwise publish on or through the 5050BIZ Site, or on or through any Third Party Site ( as such term is defined herein), any message, data, information, text, work, or other material ("Content") that is (in 5050BIZ’s determination) unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable; (b) You will not upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or would otherwise create liability or violate any local, state, federal or international law; (c) You will not upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party anywhere; (d) You will not impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity; (e) You will not, without 5050BIZ’ prior written permission, distribute or publish unsolicited promotions, advertising, or solicitations for any goods, services or money, including junk mail and junk e-mail; and (f) You will not use the 5050BIZ Site or any Third Party Site for any commercial purposes not permitted by 5050BIZ.

    2.4.   Without limiting the generality of the foregoing, You agree to all of the following provisions: (a) Users are prohibited from violating or attempting to violate the security of the 5050BIZ Site, the 5050BIZ Server or any Third Party Site, including, without limitation, (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to, or overloading, "flooding," "spamming," "mail bombing," or "crashing" the 5050BIZ Site, 5050BIZ Server, or any Third Party Site; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (v) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Any violations of any system or network security (including, but not limited to, that of the 5050BIZ Site or the 5050BIZ Server) may result in civil or criminal liability; and (b) 5050BIZ has the right to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. 5050BIZ reserves the right to cooperate with any and all law enforcement agencies, including complying with warrants, court orders and subpoenas and disclosing to law enforcement agencies any information about any User and anything a User does with respect to the 5050BIZ Site and any Third Party Site. By Your use of the 5050BIZ Site, You authorize 5050BIZ to take such action.

    2.5.   In the event this Agreement allows You to transmit any Content via or through the 5050BIZ Site, or otherwise contribute any Content to the 5050BIZ Site or to any Third Party Site, You hereby represent and warrant to 5050BIZ that You have the lawful right to distribute and reproduce such Content and that you will do so in accordance with this Agreement.

    2.6.   You are solely responsible for Your conduct while using the 5050BIZ Site and any Third Party Site including, but not limited to, all Content of all e-mail messages You generate, all Content in all folders, web pages, blogs, chat rooms and all other interactions You generate, transmit, or maintain via or through the 50505BIZ Site or any Third Party Site. 5050BIZ takes no responsibility for any such online distribution, publication or other actions by You or by any other party. 5050BIZ cannot and will not review every message or other Content You or any other party may generate or post, and 5050BIZ is not responsible for the Content thereof.

    2.7.   In addition to any other right to terminate this Agreement, 5050BIZ hereby has the absolute right to immediately terminate, without warning, any account and Access Rights which it believes, in its sole discretion, breaches any of the provisions of this Section 2.

  3. Copyrights and Other Intellectual Property Rights; Reservation of Rights.

    3.1   5050BIZ’s policy is to respect the copyright and intellectual property rights of others. 5050BIZ has the absolute right to (i) immediately terminate, without warning, any accounts and Access Rights of Users who appear to infringe upon the copyright or intellectual property rights of others, and (ii) remove, download or upload any Content from, to, via or through the 5050BIZ Site or any Third Party Site that, in 5050BIZ’s sole opinion, may infringe the copyright or other intellectual property rights of any third party.

    3.2   This Agreement shall not be interpreted to transfer any rights in any intellectual property from 5050BIZ to User. 5050BIZ or its licensors shall solely own all trademarks/service marks, logos, images, graphics, other Content (other than Content that User can prove to 5050BIZ that User owns and is permitted by this Agreement to distribute via the 5050BIZ Site), software, website designs, all other copyrights, and all other intellectual property provided in the 5050BIZ Site and otherwise in furtherance of this Agreement (collectively, “5050BIZ IP Assets”). 5050BIZ IP Assets may not be used by User without the prior written permission from 5050BIZ, and then only with proper acknowledgement. Any rights not expressly granted herein to User are reserved to 5050BIZ. No copyrighted material, Content, or any other 5050BIZ IP Assets may be downloaded, modified, copied, displayed, transferred, distributed, sold, published, broadcast or otherwise used except as expressly stated either in such materials or in this notice without the express prior written permission of 5050BIZ. Use of any of the 5050BIZ IP Assets is prohibited unless You are an authorized User in good standing. Unauthorized use is a violation of copyright and intellectual property rights and is actionable under law.

  4. Privacy.

    4.1   You are responsible for maintaining the confidentiality of Your information, Your login and Your password. You shall be responsible for all uses of Your login and password, regardless of whether these uses are authorized by You. You agree to notify 5050BIZ immediately of any unauthorized use of Your account or password.

    4.2   5050BIZ’ Privacy Statement, is available here. 5050BIZ’s Privacy Statement by this reference is incorporated into this Agreement.

  5. Indemnity.

    You, as a User, will indemnify and hold 5050BIZ, its parents, subsidiaries, affiliates, officers, and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of the User's (or any third party using the User's account) access to, or use of, the 5050BIZ Site or any Third Party Site which is (i) in violation of any of the terms and conditions of this Agreement or the 5050BIZ Site’s Privacy Statement; (ii) if in violation of any law, statute, or regulation anywhere; or (iii) without limiting the foregoing, is an infringement by the User, or any third party using the User's account, of any intellectual property or other right of any person or entity anywhere.

  6. No Professional Advice; Possible Errors and Revisions.

    6.1   The information, material and other services provided via, through or in the 5050BIZ Site, including but not limited to, “Pro Team Content,” “Blue Pages,” other advertisements, and business advising workshop (collectively, the “SITE Resources”) are provided to User for informational purposes only. While 5050BIZ endeavors to provide the most current and accurate Site Resources as possible, this 5050BIZ Site, and the provision of such Site Resources, is not intended to provide professional advice or opinions related to any of the subject matter contained in the Site Resources and the Site Resources should not be relied upon as such. Further, the 5050BIZ Site and Site Resources are not intended as a substitute for obtaining professional advice and You should not act upon any Site Resources contained in this 5050BIZ Site without seeking professional advice. The Site Resources contained in, via or through this 5050BIZ Site may be general in nature, and may not apply to particular factual circumstances. Further, while 5050BIZ endeavors to provide current and accurate Site Resources, this 5050BIZ Site may not reflect the most current developments and is not guaranteed to be complete, contemporaneous, or correct.

    6.2   THE SITE RESOURCES AVAILABLE THROUGH OR VIA THIS 5050BIZ SITE MAY BE SUPERSEDED AND/OR MAY INCLUDE INACCURACIES. IN ANY SITUATION WHERE A DOCUMENT CONTAINED AS A SITE RESOURCE IS OBTAINED FROM ANOTHER SOURCE. IN THAT SITUATION, THE OTHER SOURCE (AND ITS WEBSITE) TAKES PRECEDENCE. 5050BIZ MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS 5050BIZ SITE, SITE RESOURCES AND ITS 5050BIZ SERVERS AT ANY TIME.

  7. Links to Third Party Sites.

    As a convenience to You, the Site may provide links or other access to Third Party Sites (as such term is defined above). 5050BIZ does not control the Third Party Sites and is not responsible for the Content included in them including, without limitation, any subsequent links contained within a linked Third Party Site, or any changes or updates to a linked Third Party Site. Any reference from the 5050BIZ Site to any entity, product, service, content, information or feature of a Third Party Site does not constitute an endorsement or recommendation by 5050BIZ. No Third Party Site is authorized to make any representations or warranties on our behalf whatsoever. Your visit to any Third Party Sites are subject to the terms and conditions, and privacy policies, of such Third Party Sites. You should refer to each Third Party Site’s specific terms and conditions and privacy policies.

  8. Disclaimer of Warranties; Disclaimer of Liability.

    8.1   5050BIZ MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OR ACCURACY OF THE SITE RESOURCES OR ANY OTHER FEATURES MADE AVAILABLE VIA OR THROUGH THE 5050BIZ SITE. ALL SITE RESOURCES AND OTHER FEATURES OF THE 5050BIZ SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. 5050BIZ HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 5050BIZ DOES NOT WARRANT THAT THE 5050BIZ SITE AND THE SITE RESOURCES MADE AVAILABLE VIA, THROUGH OR ON THE 5050BIZ SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE 5050BIZ SERVER MAKING THIS 5050BIZ SITE AVAILABLE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.

    8.2   5050BIZ SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM INCONVENIENCE, OR LOSS OF USE, RESOURCES OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE 5050BIZ SITE OR SITE RESOURCES MADE AVAILABLE VIA, THROUGH OR ON THIS 5050BIZ SITE OR ANY THIRD PARTY SITES, EVEN IF 5050BIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

  9. Change in these Terms of Use.

    5050BIZ may modify this Agreement at any time. You are bound by the version of this Agreement that is in effect at the time You visit the 5050BIZ Site, so the terms of this Agreement may be different the next time You use this 5050BIZ Site. We will provide notice of such changes by posting them in the Terms of Use section of our 5050BIZ Site, and You agree to check for such changes. Any use of the 5050BIZ Site by You after such notice shall be deemed to constitute acceptance by You of the amendments. You should regularly review and print this Agreement for Your records

  10. Feedback.

    10.1   “Feedback” means all data and information (whether oral, written, electronic or otherwise) provided to 5050BIZ by User as a part of User's use of the 5050BIZ Site, and User's analysis of the features and functions of the 5050BIZ Site, including, but not limited to: (i) any problems or deficiencies in the 5050BIZ Site identified by User; (ii) any suggestions or requirements of User related to the 5050BIZ Site not currently addressed in the 5050BIZ Site; (iii) any improvements, modifications, changes, alterations, adaptations, conversions and derivative works of the 5050BIZ Site that are, in whole or in part, made, conceived, or developed by User, at any time; and (iv) any other information or data collected by User that is related to or arising out of User’s analysis or other use of the 5050BIZ Site.

    10.2   All rights, title and interest in and to the Feedback of User shall be exclusively owned, and will be the sole property of 5050BIZ. User further agrees that all of User’s Feedback shall be given exclusively to 5050BIZ, and that User shall not use any of the Feedback as a benchmark for any products or services that compete with the 5050BIZ Site.

    10.3   All of User’s Feedback shall be deemed “Confidential Information,” owned solely by 5050BIZ. As such, User will not use, distribute, disclose, copy, or otherwise reproduce for any purpose other than testing the features and functions of the 5050BIZ Site. User will take reasonable security precautions (at least as protective as the precautions it takes to preserve its own confidential information of a similar nature) to keep 5050BIZ’s Confidential Information confidential.

  11. Termination.

    As a User, should You or anyone using Your privileges, violate the terms of this Agreement (as determined in 5050BIZ’s sole discretion), 5050BIZ reserves the right to take any action it deems appropriate, including, but not limited to, termination of this Agreement, including all Access Rights. In addition to any other right of 5050BIZ to terminate this Agreement, 5050BIZ further reserves the right, without notice, at any time, in its sole discretion, and for any reason, to terminate this Agreement, including all Access Rights. 5050BIZ is not required to provide mail or web page forwarding at termination.

  12. Controlling Law.

    This Agreement shall be construed and controlled by the laws of the State of Arizona. The laws of the State of Arizona will govern any dispute arising from the terms of this Agreement or a breach of this Agreement. You agree to personal jurisdiction by the state and federal courts sitting in the State of Arizona in Pima County.

  13. Invalid Or Unenforceable Provisions.

    If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law (see Section 11), then the remainder of the Agreement shall continue in effect.

  14. If You Have Questions.

    If You have questions about the terms of use and notices provided herein, please send and email to info@5050BIZ.com.